(A) A person who violates Title XIII of the Town of Mount Pleasant Code of Ordinances, any act or omission which is prohibited or declared unlawful under this Code of Ordinances, or any provision of state law within the municipal limits of the Town of Mount Pleasant, with the intent to intimidate a person or persons, in whole or in part, because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, gender identity, physical or mental disability, or national origin of any person is guilty of the separate offense of hate intimidation and shall be punished as provided in division (B) below. Sentences shall run consecutive to one another unless the Court specifies on the record good cause why they should run concurrently.
(B) Fines imposed under this section for contemporaneous or concurrent violations of this section shall be assessed for each violation.
(1) A violation of this section shall be a misdemeanor and punishable by a fine of not more than $500 and/or by imprisonment for not more than 30 days. The sentence imposed must be consecutive to the sentence for the underlying criminal offense unless the Court articulates on the record the reasons why the sentences should run concurrently.
(2) The Court may impose community service or participation in an educational program for violation of this section.
(3) Any sentence may be suspended upon completion by the defendant of appropriate education, counseling or community service employment as ordered by the Court.
(4) The Court may also designate that all or part of the imposed fine be directed to the support of programs designed to combat bias based on ethnicity, national origin, color, religion, sexual orientation, gender and gender identity or physical or mental disability.
(C) Restitution authorized. In addition to the penalties provided for above, the Court may order restitution up to the limits of the Court's jurisdiction for damages sustained by the victim of this offense directly related to the commission of the crime, which may include compensation for medical bills, counseling or therapy or damage to property sustained by the victim as a result of the underlying criminal offense.
(Ord. 23038, passed 1-11-24)