76-3-203.3. Penalty for hate crimes -- Civil rights violation.
As used in this section:
(1) "Primary offense" means those offenses provided in Subsection. (4)
(2) A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person is subject to Subsection. (2)(b) A class C misdemeanor primary offense is a class B misdemeanor; and a class B misdemeanor primary offense is a class A misdemeanor.
(3) "Intimidate or terrorize" means an act which causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.
(4) Primary offenses referred to in Subsectionare the misdemeanor offenses for: (1) assault and related offenses under Sections,,,,, and; 76-5-102 76-5-102.4 76-5-102.10 76-5-106 76-5-107 76-5-108 any misdemeanor property destruction offense under Sectionsand, and Subsection; 76-6-102 76-6-104 76-6-106(2)(a) any criminal trespass offense under Sectionsand; 76-6-204 76-6-206 any misdemeanor theft offense under Chapter 6, Offenses Against Property; any offense of obstructing government operations under Sections,,,,,,,, and; 76-8-301 76-8-301.2 76-8-302 76-8-305 76-8-306 76-8-307 76-8-308 76-8-309.2 76-8-313 any offense of interfering or intending to interfere with activities of colleges and universities under Chapter 8, Part 7, Colleges and Universities; any misdemeanor offense against public order and decency as defined in Chapter 9, Part 1, Breaches of the Peace and Related Offenses, other than Section,,,,,, or; 76-9-105.5 76-9-105.6 76-9-110 76-9-111 76-9-112 76-9-113 76-9-114 any telephone abuse offense under Sections,,, and; 76-12-202 76-12-203 76-12-204 76-12-206 any cruelty to animals offense under Sections,, and; 76-13-202 76-13-203 76-13-204 any weapons offense under Section; or 76-11-207 a violation of Section, if the violation occurs at an official meeting. 76-9-102
(5) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.