Threatening force or violence against groups
80.2BA Threatening force or violence against groups
Offences
A person commits an offence if:
the person threatens to use force or violence against a group (the targeted group); and
the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
a reasonable member of the targeted group would fear that the threat will be carried out; and
the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.
For intention, see section 5.2.
A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 10 years.
A person commits an offence if:
the person threatens to use force or violence against a group (the targeted group); and
the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
a reasonable member of the targeted group would fear that the threat will be carried out.
For intention, see section 5.2.
A person might commit an aggravated offence if the person is a religious official or spiritual leader etc. (see section 80.2DA).
Penalty: Imprisonment for 7 years.
The fault element for paragraphs (1)(b) and (2)(b) is recklessness.
For recklessness, see section 5.4.
Strict liability applies to paragraphs (1)(c) and (2)(c).
For the purposes of paragraphs (1)(b) and (2)(b), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
Subsection (7) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
is not satisfied that the defendant is guilty of the offence; but
is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Definitions
In this section:
fear includes apprehension.
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