Sec. 35-1. - Bias-related offenses.
Sec. 35-1. - Bias-related offenses.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1)
Bias-related offense means an offense or unlawful act committed by an individual person or group of persons against another individual person or group of persons, or the property of the same, and which is motivated in whole or in part by the race, religion, ethnicity, national origin or sexual orientation of the person or group and such offenses may include but shall not be limited to the offenses of "ethnic intimidation" and "institutional vandalism."
(2)
Ethnic intimidation means tortious conduct performed with the intent to injure another person or group of persons, or his property, because of such other person's or group's race, religion, ethnicity, national origin or sexual orientation.
(3)
Institutional vandalism means the intentional desecration, as defined in 11 Del. C. § 1331, vandalizing, defacing, defiling or otherwise damaging of:
a.
Any church, synagogue or other communal facility regularly used for religious worship, meditation, contemplation or other related purposes.
b.
Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead.
c.
Any courthouse, historic monument or landmark, museum or civic shrine, including, without limitation, the Public Building and the Louis L. Redding City/County Building.
d.
The grounds occupied by any facility set forth in subsection (a)(3)a., b. or c. of this section.
e.
Any property located in any facility set forth in subsection (a)(3)a., b. or c. of this section.
(b)
Prohibited conduct. No person shall commit the offense of ethnic intimidation and no person shall commit the offense of institutional vandalism, or any other bias-related offense.
(c)
Penalties. The penalty for any violation of any provision of this section shall be a fine in the amount of $300.00, or imprisonment not exceeding 90 days, or both such fine and imprisonment.
(d)
Private rights of action. Nothing in this section shall be in derogation of the private rights of action created by the state.
(e)
Statistical reporting. The police department shall collect information relating to crimes, ordinance violations, and other incidents occurring within the city in which the evidence regarding the offense indicates that it was motivated by bigotry or bias related to the race, religion, ethnicity, national origin, or sexual orientation of the individuals or groups who were the victims of the crimes, ordinance violations or other incidents. The police department shall develop a system by which the required reporting shall be accomplished, subject to the approval of the administrative board.
(Ord. No. 92-042, § 1(39-52), 6-4-92)