Section 11410 Of Article 4.5. Terrorizing From California Penal Code >> Title 1. >> Part 4. >> Chapter 3. >> Article 4.5.
11410
. (a) The Legislature finds and declares that it is the right
of every person regardless of actual or perceived disability, gender,
gender identity, gender expression, nationality, race or ethnicity,
religion, sexual orientation, or association with a person or group
with these actual or perceived characteristics, to be secure and
protected from fear, intimidation, and physical harm caused by the
activities of violent groups and individuals. It is not the intent of
this chapter to interfere with the exercise of rights protected by
the Constitution of the United States. The Legislature recognizes the
constitutional right of every citizen to harbor and express beliefs
on any subject whatsoever and to associate with others who share
similar beliefs. The Legislature further finds however, that the
advocacy of unlawful violent acts by groups against other persons or
groups under circumstances where death or great bodily injury is
likely to result is not constitutionally protected, poses a threat to
public order and safety, and should be subject to criminal and civil
sanctions.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Association with a person or group with these actual or
perceived characteristics" includes advocacy for, identification
with, or being on the ground owned or rented by, or adjacent to, any
of the following: a community center, educational facility, family,
individual, office, meeting hall, place of worship, private
institution, public agency, library, or other entity, group, or
person that has, or is identified with people who have, one or more
of those characteristics listed in the definition of "hate crime"
under paragraphs (1) to (6), inclusive, of subdivision (a) of Section
422.55.
(2) "Disability" includes mental disability and physical
disability as defined in Section 12926 of the Government Code.
(3) "Gender" means sex, and includes a person's gender identity
and gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth.
(4) "Nationality" includes citizenship, country of origin, and
national origin.
(5) "Race or ethnicity" includes ancestry, color, and ethnic
background.
(6) "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
(7) "Sexual orientation" means heterosexuality, homosexuality, or
bisexuality.