§ 2710. Ethnic intimidation.
(a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious intention toward
the race, color, religion or national origin of another individual or group of individuals,
he commits an offense under any other provision of this article or under Chapter 33
(relating to arson, criminal mischief and other property destruction) exclusive of
section 3307 (relating to institutional vandalism) or under section 3503 (relating
to criminal trespass) with respect to such individual or his or her property or with
respect to one or more members of such group or to their property.
(b) Grading.--An offense under this section shall be classified as a misdemeanor of the third degree
if the other offense is classified as a summary offense. Otherwise, an offense under
this section shall be classified one degree higher in the classification specified
in section 106 (relating to classes of offenses) than the classification of the other
offense.
(c) Definition.--As used in this section "malicious intention" means the intention to commit any act,
the commission of which is a necessary element of any offense referred to in subsection
(a) motivated by hatred toward the race, color, religion or national origin of another
individual or group of individuals.
(June 18, 1982, P.L.537, No.154, eff. imd.; Dec. 3, 2002, P.L.1176, No.143, eff. imd.;
Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)
2008 Effectuation of Declaration of Unconstitutionality. The Legislative Reference Bureau effectuated the 2007 unconstitutionality.
2007 Unconstitutionality. Act 143 of 2002 was declared unconstitutional. Marcavage v. Rendell, 936 A.2d 188
(Pa. Commonwealth 2007).
2002 Amendments. Act 143 amended the entire section and Act 218 amended subsec. (a). Act 218 overlooked
the amendment by Act 143, but the amendments do not conflict in substance and both
have been given effect in setting forth the text of subsec. (a).
1982 Amendment. See section 2 of Act 154 of 1982 in the appendix to this title for special provisions
relating to right of action for injunction, damages or other relief.
Effective Date. After December 2, 2002, and before February 7, 2003, section 2710 will reflect only
the amendment by Act 143, as follows:
§ 2710. Ethnic intimidation.
(a) Offense defined.--A person commits the offense of ethnic intimidation if, with malicious
intention toward the actual or perceived race, color, religion, national origin, ancestry,
mental or physical disability, sexual orientation, gender or gender identity of another
individual or group of individuals, he commits an offense under any other provision
of this article or under Chapter 33 (relating to arson, criminal mischief and other
property destruction) exclusive of section 3307 (relating to institutional vandalism)
or under section 3503 (relating to criminal trespass) or under section 5504 (relating
to harassment by communication or address) with respect to such individual or his
or her property or with respect to one or more members of such group or to their property.
(b) Grading.--An offense under this section shall be classified as a misdemeanor of the
third degree if the other offense is classified as a summary offense. Otherwise, an
offense under this section shall be classified one degree higher in the classification
specified in section 106 (relating to classes of offenses) than the classification
of the other offense.
(c) Definition.--As used in this section "malicious intention" means the intention to
commit any act, the commission of which is a necessary element of any offense referred
to in subsection (a) motivated by hatred toward the actual or perceived race, color,
religion or national origin, ancestry, mental or physical disability, sexual orientation,
gender or gender identity of another individual or group of individuals.
Cross References. Section 2710 is referred to in section 8309 of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
48
cases (
13 in the last 5 years), 1993–2026 · leading case:
Commonwealth v. Miller, 35 A.3d 1206 (Pa. 2012).
Commonwealth v. Miller, 35 A.3d 1206 (Pa. 2012).
· cites it 6× “2d 479 (2005), this Court returned to the issue of inconsistent verdicts, this time in relation to a conviction for ethnic intimidation, 18 Pa.C.S. § 2710. At the time of the offense in Magliocco , the Criminal Code provided that a person was guilty of ethnic intimidation "if,…”
Commonwealth v. Magliocco, 883 A.2d 479 (Pa. 2005).
· cites it 6× “§ 907, requires proof that the instrument (here, a baseball bat) is "commonly" used for criminal purposes; and (2) whether a conviction for Ethnic Intimidation, 18 Pa.C.S. § 2710, may be sustained in an instance where the defendant has been charged with, but acquitted of, the…”
Commonwealth v. Bavusa, 832 A.2d 1042 (Pa. 2003).
· cites it 4× “Although appellant concedes that the determination of license eligibility requires reference to other provisions of the Uniform Firearms Act, he argues that such incorporation by reference should be regarded as a space-saving device and not as an indicator of substantive…”
Commonwealth v. Magliocco, 806 A.2d 1280 (Pa. Super. Ct. 2002).
· cites it 6× “Concerning his conviction of PIC, Magliocco contends that the evidence failed to satisfy all of the statutory elements specified by Crimes Code section 907 on the date of his criminal acts.”
Commonwealth v. Sinnott, 30 A.3d 1105 (Pa. 2011).
· cites it 4× “§ 1928(b)(1)), and opined 18 Pa.C.S. § 2710’s requirement that the underlying offense be committed with “malicious intention” towards the victim’s ethnicity could be met “only where the circumstances establish that the defendant was motivated by animus toward the victim’s race…”
Commonwealth v. Taylor, 876 A.2d 916 (Pa. 2005).
· cites it 2× “§ 3302(a) and (b); one count of ethnic intimidation, 18 Pa.C.S. § 2710; one count of violating the Uniform Firearms Act, 18 Pa.”
Nutter v. Dougherty, 921 A.2d 44 (Pa. Commw. Ct. 2007).
· cites it 4× “§§ 951-963, and that local home rule municipality reasonably acted in the exercise of its police powers, noting that the ordinance also was consistent with the Act known as the State's Hate Crime Law, 18 Pa.C.S. § 2710, defining the criminal offense of ethnic intimidation);…”
Commonwealth v. Reed, 9 A.3d 1138 (Pa. 2010).
· cites it 2× “18 Pa.C.S. § 2710(a); see also Magliocco II, supra at 489.”
United States v. Brandon Piekarsky, 687 F.3d 134 (3rd Cir. 2012).
· cites it 2× “Nor have the Defendants presented this Court with anything to support their claim that the state trial was a mere “sham,” conducted in anticipation of the federal proceedings. In this case, the state and federal government each decided to prosecute the Defendants based on facts…”
Marcavage v. Rendell, 936 A.2d 188 (Pa. Commw. Ct. 2007).
· cites it 2× “143 (Act 143), amending Section 2710 of the Crimes Code (ethnic intimidation), 18 Pa.C.S. § 2710, was enacted in violation of Article III, Sections 1, 2, 3, and 4 of the Pennsylvania Constitution and (2) an injunction permanently enjoining its enforcement.”
Commonwealth v. Austin, 906 A.2d 1213 (Pa. Super. Ct. 2006).
· cites it 2× “of another individual or group of individuals, [one] commits an offense under any other provision of this article or under Chapter 33 . . . or under section 3503 .”
— 18 Pa. Cons. Stat. § 2710(B) — 1 case
— 18 Pa. Cons. Stat. § 2710(a) — 24 cases
Commonwealth v. Miller, 35 A.3d 1206 (Pa. 2012).
“2d 479 (2005), this Court returned to the issue of inconsistent verdicts, this time in relation to a conviction for ethnic intimidation, 18 Pa.C.S. § 2710. At the time of the offense in Magliocco , the Criminal Code provided that a person was guilty of ethnic intimidation "if,…”
Commonwealth v. Magliocco, 883 A.2d 479 (Pa. 2005).
“§ 907, requires proof that the instrument (here, a baseball bat) is "commonly" used for criminal purposes; and (2) whether a conviction for Ethnic Intimidation, 18 Pa.C.S. § 2710, may be sustained in an instance where the defendant has been charged with, but acquitted of, the…”
Commonwealth v. Reed, 9 A.3d 1138 (Pa. 2010).
“18 Pa.C.S. § 2710(a); see also Magliocco II, supra at 489.”
Commonwealth v. Sinnott, 30 A.3d 1105 (Pa. 2011).
“§ 1928(b)(1)), and opined 18 Pa.C.S. § 2710’s requirement that the underlying offense be committed with “malicious intention” towards the victim’s ethnicity could be met “only where the circumstances establish that the defendant was motivated by animus toward the victim’s race…”
— 18 Pa. Cons. Stat. § 2710(a)(1) — 1 case
— 18 Pa. Cons. Stat. § 2710(b) — 2 cases
Commonwealth v. Magliocco, 883 A.2d 479 (Pa. 2005).
“§ 907, requires proof that the instrument (here, a baseball bat) is "commonly" used for criminal purposes; and (2) whether a conviction for Ethnic Intimidation, 18 Pa.C.S. § 2710, may be sustained in an instance where the defendant has been charged with, but acquitted of, the…”
Commonwealth v. Magliocco, 806 A.2d 1280 (Pa. Super. Ct. 2002).
“Concerning his conviction of PIC, Magliocco contends that the evidence failed to satisfy all of the statutory elements specified by Crimes Code section 907 on the date of his criminal acts.”
— 18 Pa. Cons. Stat. § 2710(c) — 3 cases
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