Threatening damage to or destruction of real property or motor vehicle
80.2BD Threatening damage to or destruction of real property or motor vehicle
Offences
A person (the first person) commits an offence if:
the first person threatens to cause damage to, or the destruction of, real property or a motor vehicle; and
the first person does so because of the first person’s belief that:
the real property is a place of worship of a group (the targeted group); or
the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of 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 (the first person) commits an offence if:
the first person threatens to cause damage to, or the destruction of, real property or a motor vehicle; and
the first person does so because of the first person’s belief that:
the real property is a place of worship of a group (the targeted group); or
the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group); or
the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group); or
the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of 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.
For the purposes of paragraphs (1)(b) and (2)(b), it is immaterial whether:
the real property actually is a place of worship of the targeted group; or
the real property actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
the motor vehicle actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or
the real property actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group; or
the motor vehicle actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group.
The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
For recklessness, see section 5.4.
Strict liability applies to paragraphs (1)(d) and (2)(d).
For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
Subsection (8) 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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