GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1295

Short Title:  Ethnic Crimes/Civil Actions.	(Public)
─────────────────────────────────────── 
Sponsors: Representative Michaux.
─────────────────────────────────────── 
Referred to:  Judiciary.
─────────────────────────────────────── 

April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO MAKE ETHNIC INTIMIDATION A CRIME AND TO CREATE A CIVIL ACTION FOR ETHNIC INTIMIDATION.
The General Assembly of North Carolina enacts:
Section 1.  Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-32.3.  Ethnic intimidation.
(a)	Offense.  A person commits the crime of ethnic intimidation if the person:
(1)	Injures, tampers, or interferes with real or personal property of another with the intent to cause damage or substantial inconvenience to another person because of that person's race, religion, or ethnic background;
(2)	Intentionally subjects another person to offensive physical contact because of that person's race, religion, or ethnic background; or
(3)	Because of another person's race, religion, or ethnic background, intentionally subjects that person to alarm by threatening (i) to inflict serious physical injury to or commit a felony against that person or a member of that person's family or (ii) to cause substantial damage to the property of that person or of a member of that person's family.
(b)	Punishment.  A person who commits the crime of ethnic intimidation shall be guilty of a misdemeanor punishable by imprisonment up to six months, a fine of up to five thousand dollars ($5,000), or both.
(c)	Defense.  It is an affirmative defense to a prosecution for ethnic intimidation under G.S. 14-32.2(a)(3) that the defendant spoke or acted only in a critical, insulting, or deprecatory way and the defendant's words or actions did not constitute a threat of harm to a person or to the property of another person.
(d)	Civil Liability.  A person who is subjected to acts of ethnic intimidation may institute a civil action for injunctive relief, damages, or both.  A person who commits the crime of ethnic intimidation shall be liable in a civil action for actual damages resulting from the crime, reasonable attorney's fees, and, in the discretion of the court, punitive damages."
Sec. 2.  This act shall become effective October 1, 1989, and shall apply to acts committed on or after that date.