9.20.040 Intimidation or bias crimes.
(a) Any person who violates or attempts to violate any of the following ordinances of the code of the City of Topeka, Kansas, and any amendments thereto, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, another individual’s or group of individuals’ membership in a protected class as defined in TMC 9.20.020 shall be guilty of a misdemeanor:
(1) Uniform Public Offense Code (hereinafter “UPOC”) 3.1, Battery;
(2) UPOC 3.2.1, Sexual Battery;
(3) UPOC 3.3, Assault;
(4) UPOC 3.6, Unlawful Restraint;
(5) UPOC 6.6, Criminal Damage to Property;
(6) UPOC 6.7, Criminal Trespass;
(7) UPOC 9.1, Disorderly Conduct;
(8) UPOC 9.10, Harassment by Telecommunications Device;
(9) UPOC 10.5, Discharge of Firearms.
(b) Any person who knowingly assembles with one or more persons and agrees with such person or persons to violate any of the criminal laws of the State of Kansas or of the United States with force or violence by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, another individual’s or group of individuals’ membership in a protected class as defined in TMC 9.20.020 shall be guilty of a misdemeanor.
(c) Penalty.
(1) Upon a first conviction of a violation of the provisions of this section a person shall be deemed guilty of a Class B misdemeanor and shall be punished by a fine in an amount not to exceed $1,000, or by a sentence not to exceed six months, or by both such fine and imprisonment.
(2) On a second or subsequent conviction of a violation of the provisions of this section a person shall be deemed guilty of a Class A misdemeanor and shall be punished by a fine in an amount not to exceed $2,500, or by a sentence not to exceed one year, or by both such fine and imprisonment. (Ord. 20276 § 4, 12-15-20.)