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Flimsy-Lie-1471 t1_javcra2 wrote

Reply to comment by delcodick in Hatboro, Pennsylvania woman facing charges after racist rant at pizzeria by Snoi7

If I read the law correctly the ethnic intimidation charge is second degree misdemeanor.

​(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.

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delcodick t1_javdefh wrote

There is no underlying offense reported which may be poor reporting. But as it stands I see it as a 3rd degree misdemeanor.

Ethnic intimidation is an add-on crime, which means that the crime cannot exist independently

Ethnic intimidation is graded one degree higher than the primary offense.

So if the primary offense of criminal mischief is a summary offense, the accompanying ethnic intimidation charge would be a third-degree misdemeanor.

However a first-degree misdemeanor terroristic threat motivated by racial hatred will be accompanied by an ethnic intimidation charge would be graded as a third-degree felony.

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Flimsy-Lie-1471 t1_javdov3 wrote

It said harassment.

"has since been charged with ethnic intimidation and harassment."

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delcodick t1_javdwkk wrote

Guilty. Poor speed reading then not poor reporting 🤣. A summary offense on the face of it

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