Section 422.7 Of Chapter 2. Crimes And Penalties From California Penal Code >> Title 11.6. >> Part 1. >> Chapter 2.
422.7
. Except in the case of a person punished under Section 422.6,
any hate crime that is not made punishable by imprisonment in the
state prison shall be punishable by imprisonment in a county jail not
to exceed one year, or by imprisonment pursuant to subdivision (h)
of Section 1170, or by a fine not to exceed ten thousand dollars
($10,000), or by both that imprisonment and fine, if the crime is
committed against the person or property of another for the purpose
of intimidating or interfering with that other person's free exercise
or enjoyment of any right secured to him or her by the Constitution
or laws of this state or by the Constitution or laws of the United
States under any of the following circumstances, which shall be
charged in the accusatory pleading:
(a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
(b) The crime against property causes damage in excess of nine
hundred fifty dollars ($950).
(c) The person charged with a crime under this section has been
convicted previously of a violation of subdivision (a) or (b) of
Section 422.6, or has been convicted previously of a conspiracy to
commit a crime described in subdivision (a) or (b) of Section 422.6.