Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p17
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 17/44)
Character Range: 213784–216564

violence against a person (the targeted person); and
 (b) the first person does so because of the first person's belief that the targeted person is:
 (i) a member of a group (the targeted group); or
 (ii) a close associate of a member of a group (the targeted group); and
 (c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
 (d) a reasonable member of the targeted group would fear that the threat will be carried out; and
 (e) the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
Note: For intention, see section 5.2.
Penalty: Imprisonment for 7 years.
 (2) A person (the first person) commits an offence if:
 (a) the first person threatens to use force or violence against a person (the targeted person); and
 (b) the first person does so because of the first person's belief that the targeted person is:
 (i) a member of a group (the targeted group); or
 (ii) a close associate of a member of a group (the targeted group); and
 (c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
 (d) a reasonable member of the targeted group would fear that the threat will be carried out.
Note: For intention, see section 5.2.
Penalty: Imprisonment for 5 years.
 (3) For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether the targeted person:
 (a) actually is a member of the targeted group; or
 (b) actually is a close associate of a member of the targeted group.
 (4) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note: For recklessness, see section 5.4.
 (5) Strict liability applies to paragraphs (1)(d) and (2)(d).
 (6) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict
 (7) Subsection (8) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the offence; but
 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
 (8) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions
 (9) In this section:
fear includes apprehension.

80.2BC  Advocating damage to or destruction of real property or motor vehicle

Offences
 (1) A person (the