California’s Bill Number: AB 412 Outlaws the Display of Noose
Bill Number: AB 412 makes it a misdemeanor and punishable by up to a year in jail and a fine of up to $5,000 to place a noose on someone else’s property or at a school or workplace. The find is $15,000 for subsequent conviction.
The bill was introduced by Democratic Assembly Member Wilma Carter of Rialto. Assembly Member Carter introduced the bill after noose hangings were displayed in several Halloween decorations last year. Two such displays were effigies of then-Democratic presidential candidate Barack Obama and GOP vice presidential candidate Sarah Palin. California also have laws that ban threatening displays of swastikas and burning of crosses.
The law, which takes effect Jan. 1, 2010 will not ban displays by a homeowner, which are considered constitutionally protected speech.
Excerpts from Bill Number: AB 412, Chapter 106:
This bill would provide that any person who hangs a noose, knowing it to be a symbol representing a threat to life, on the property of another, without authorization, for the purpose of terrorizing the
owner or occupant of that private property or in reckless disregard of the risk of terrorizing the owner or occupant of that private property, or who hangs a noose, knowing it to be a symbol representing a threat to life, on the property of a primary school, junior high school, high school, college campus, public park, or place of employment, for the purpose of terrorizing any person who attends or works at the school, park, or place of employment, or who is otherwise associated with the school, park, or place of employment, shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed $5,000, or by both the fine and imprisonment for the first conviction or by imprisonment in a county jail not to exceed one year, or by a fine not to exceed $15,000, or by both the fine and imprisonment for any subsequent conviction. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
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