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2002 SESSION
024512480Be it enacted by the General Assembly of Virginia:
1. That § 18.2-423 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-423. Burning object on property of another or public place with intent to intimidate; penalty.
It shall be unlawful for any A. Any person or persons, with the intent of
intimidating any person or group of persons, to burn, or cause to be burned, a cross
who trespasses on the private property of another, a highway or other
public place. Any person who shall violate any provision of this section shall
be and burns an object on such property is guilty of a Class 6 felony.
Any such burning of a cross shall be prima facie evidence of an intent to
intimidate a person or group of persons.
B. Any person who burns an object on a highway or other public place in a manner likely to incite an immediate breach of the peace is guilty of a Class 6 felony.
C. The provisions of this section are severable, and if any provision is declared unconstitutional or invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the other provisions of this section.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.