St. Paul Bias Motivated Crime Ordinance, St. Paul, Minn. Legis. Code § 292.02 (1990):

"Whoever places on public or private property a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender commits disorderly conduct and shall be guilty of a misdemeanor."


Fighting Words Category

Words addressed to a specific person in a face-to-face exchange, such as personal insults or ephitets, which words by their very utterance are likely to cause the average addressee to respond with violence in response to the words.


Hypothetical Statute (as discussed by Justice Scalia) in R.A.V.:

Whoever in a face-to-face exchange directs an insult or epithet at a specific person which insults that person based on their race, color, creed, religion or gender and which insult is likely to cause the average person who is the target of that insult to react violently shall be guilty of a misdemeanor.



Hypothetical Sentence Enhancement Scheme

(a) Whoever in a face-to-face exchange directs an insult or epithet at a specific person which insult is likely to cause the average person who is the target of that insult to react violently shall be punishable by a jail term of up to one year.

(b) If the insult or epithet is motivated by the person's race, color, creed, religion or gender the maximum penalty for the offense shall be enhanced by two years up to a maximum of three years of incarceration.

Hypothetical St. Paul Cross Burning Ordinance:

It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause to be burned, a cross on the property of another, a highway or other public place.