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This entry was published on 2020-11-06
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SECTION 490.28
Domestic act of terrorism motivated by hate in the first degree
Penal (PEN) CHAPTER 40, PART 4, TITLE Y-1, ARTICLE 490
§ 490.28 Domestic act of terrorism motivated by hate in the first

degree.

A person is guilty of the crime of domestic act of terrorism motivated
by hate in the first degree when, acting with the intent to cause the
death of, or serious physical injury to, five or more other persons, in
whole or in substantial part because of the perceived race, color,
national origin, ancestry, gender, gender identity or expression,
religion, religious practice, age, disability, or sexual orientation of
such other person or persons, regardless of whether that belief or
perception is correct, he or she, as part of the same criminal
transaction:

1. causes the death of at least one other person, provided that the
victim or victims are not a participant in the criminal transaction; and

2. causes or attempts to cause the death of four or more additional
other persons, provided that the victims are not a participant in the
criminal transaction; and

3. the defendant was more than eighteen years old at the time of the
commission of the crime.

Domestic act of terrorism motivated by hate in the first degree is a
class A-I felony.

Notwithstanding any other provision of law, when a person is convicted
of domestic act of terrorism motivated by hate in the first degree, the
sentence shall be life imprisonment without parole.