Criminal Code Amendment Act 1995
The Laws of Bermuda
Annual Volume of Public Acts 1995 : 44

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BERMUDA
1995 : 44

CRIMINAL CODE AMENDMENT ACT 1995

[Date of Assent 21 December 1995]

[Operative Date 21 December 1995]

WHEREAS it is expedient to amend the Criminal Code:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Criminal Code Amendment Act
1995.

Insertion of new sections in Act No 13 of 1907
2 There are inserted in the Criminal Code next after section 200
the following sections—

"Racial harassment
200A (1) A person ("A") commits racial harassment of
another person ("B") if—

(a) intending to cause B distress, fear or alarm; and

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(b) being motivated by antipathy to B on account of
B's race, colour or place of origin or A's
perception of B's race, colour or place of origin,

A does, or attempts or threatens to do, in relation to B, an act
specified in subsection (2).

(2) For the purpose of subsection (1), a person ("A")
does in relation to another person ("B") an act referred to in that
subsection if—

(a) A assaults B; or

(b) A makes a telephone call to B, whether or not a
conversation with B ensues; or

(c) whether by mechanical or electronic or other
means A makes, or causes to be made, a
communication to B; or

(d) A commits a trespass under section 360
involving a dwelling-house where B is or resides;
or

(e) A damages, defaces or destroys any property of
B.

(3) "To assault" in subsection (2) has the meaning
assigned to it in section 233.

(4) Racial harassment of a person is a summary
offence, and a person found guilty of it is liable to a fine of
$5,000 or to imprisonment for one year or to both such fine and
imprisonment.

Racial intimidation
200B (1) A person ("A") commits racial intimidation of
another person ("B") if—

(a) intending to cause B distress, fear or alarm; and

(b) being motivated by antipathy to B on account of
B's association with any individual or body of
persons (being an individual or a body of
persons identified by A by reference to, or by
reference to A's perception of, the race, colour or
place of origin of that individual or those
persons),

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A does, or attempts or threatens to do, in relation to B, an act
specified in subsection (2) of section 200A.

(2) Racial intimidation of a person is a summary
offence, and a person found guilty of it is liable to a fine of
$5,000 or to imprisonment for one year or to both such fine and
imprisonment.".

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