4.731 Bias Crime in the Second Degree.
(1) A person commits a bias crime in the second degree if the person:
(a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another because of the person’s perception of the other person’s unhoused status, race, color, religion, national origin, disability, gender identity or sexual orientation;
(b) Intentionally subjects another person to offensive physical contact because of the person’s perception of the other person’s unhoused status, race, color, religion, national origin, disability, gender identity or sexual orientation; or
(c) Intentionally, because of the person’s perception of unhoused status, race, color, religion, national origin, disability, gender identity or sexual orientation of another person or of a member of the other person’s family, subjects such other person to alarm by threatening:
1. To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person’s family; or
2. To cause substantial damage to the property of the other person or of a member of the other person’s family.
(2) As used in this section:
(a) “Gender identity” means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth;
(b) “Property” means any tangible personal property or real property; and
(c) “Unhoused status” means that the individual lacks a fixed, regular, and adequate nighttime residence and includes individuals who:
1. Are living in emergency, congregate, temporary, or transitional shelters;
2. Have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or
3. Are living in parked cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.