PENNSYLVANIA, October 3 - ethnicity, ancestry, sex, gender, gender identity, gender

expression, sexual orientation or disability of another

individual [or], group of individuals[, he commits an offense

under any other provision of this article or] or a person with

whom the individual or group is associated, the person commits a

personal injury crime as defined in section 103 of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

Act, which results in bodily injury, an offense under Chapter 33

(relating to arson, criminal mischief and other property

destruction) [exclusive of section 3307 (relating to

institutional vandalism)] or an offense under section 3503

(relating to criminal trespass) with respect to such individual

or his or her property or with respect to one or more members of

such group or to their property.

* * *

(b.1) Construction.--Nothing in this section may be

construed to prohibit, limit or punish religiously motivated

speech or conduct that is otherwise protected by the

Constitution of the United States, the Constitution of

Pennsylvania or the act of December 9, 2002 (P.L.1701, No.214),

known as the Religious Freedom Protection Act.

(c) Definition.--As used in this section "malicious

intention" means the intention to commit any act, the commission

of which is a necessary element of any offense referred to in

subsection (a) motivated by hatred toward the race, color,

religion [or], national origin, ethnicity, ancestry, sex,

gender, gender identity, gender expression, sexual orientation

or disability of another individual or group of individuals.

Section 2. Section 8309(a) of Title 42 is amended and the

section is amended by adding a subsection to read:

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