For purposes of this title, the following definitions shall apply: (a) âAssociation with a person or group with one or more of these actual or perceived characteristicsâ includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the characteristics listed in the definition of âhate crimeâ under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55. (b) âDisabilityâ includes mental disability and physical disability, as defined in Section 12926 of the Government Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law. (c) âGenderâ means sex, and includes a personâs gender identity and gender expression. âGender expressionâ means a personâs gender-related appearance and behavior regardless of whether it is stereotypically associated with the personâs assigned sex at birth. (d) âIn whole or in part because ofâ means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735. (e) âNationalityâ means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law. (f) âRace or ethnicityâ includes ancestry, color, and ethnic background. (g) âReligionâ includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. (h) âSexual orientationâ means heterosexuality, homosexuality, or bisexuality. (i) âVictimâ includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
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