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2002 SESSION

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SB 111 Burning object on property of another with intent to intimidate.

Introduced by: Yvonne B. Miller | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Burning object on property of another or public place with intent to intimidate; penalty. Creates a new section without amending existing language in the current cross-burning statute to provide that, without any reference to a cross, any person, with the intent of intimidating another, who burns an object (i) on the private property of another, or (ii) on a highway or other public place in a manner having a direct tendency to place another in reasonable fear or apprehension of death or bodily injury is guilty of a Class 6 felony. This is in response to the decision of the Virginia Supreme Court in Black v. Commonwealth, 2001 Va. Lexis 139 (2001), that found Virginia's cross-burning statute unconstitutional under the First Amendment.

SUMMARY AS PASSED SENATE:

Burning object on property of another or public place with intent to intimidate; penalty. Rewrites the cross-burning statute, without any reference to a cross or other object and without any presumption of intent to intimidate, to provide that any person, with the intent of intimidating any person or group of persons, who burns an object on the private property of another, without permission is guilty of a Class 6 felony. The bill also provides that any person who, with the intent to intimidate, burns an object on a highway or other public place in a manner having a direct tendency to cause acts of violence by the persons at whom, individually, such conduct is directed, is guilty of a Class 6 felony. This is in response to the decision of the Virginia Supreme Court in Black v. Commonwealth, 2001 Va. Lexis 139 (2001), that found Virginia's cross-burning statute unconstitutional under the First Amendment.

SUMMARY AS INTRODUCED:

Burning object on property of another or public place with intent to intimidate; penalty. Rewrites the cross-burning statute, without any reference to a cross or other object and without any presumption of intent to intimidate, to provide that any person, with the intent of intimidating another, who burns an object on the property of another, on a highway or other public place is guilty of a Class 6 felony. This is in response to the decision of the Virginia Supreme Court in Black v. Commonwealth, 2001 Va. Lexis 139 (2001), that found Virginia's cross-burning statute unconstitutional under the First Amendment.