In this subtitle the following words have the meanings indicated. “Gender identity” has the meaning stated in § 20–101 of the State Government Article. “Homeless” means: lacking a fixed, regular, and adequate nighttime residence; or having a primary nighttime residence that is: a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings. “Sexual orientation” means the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality.

A person may not deface, damage, or destroy, or attempt or threaten to deface, damage, or destroy, personal or real property that is owned, leased, or used by a religious entity or for any religious purpose including: a place of worship; a cemetery; a religious school, educational facility, or community center; and the grounds adjacent to them.

A person may not, by force or threat of force, obstruct or attempt to obstruct another in the free exercise of that person's religious beliefs.

Motivated either in whole or in substantial part by another person’s or group’s race, color, religious beliefs, sexual orientation, sex, gender identity, disability, or national origin, or because another person or group is homeless, a person may not: commit a crime or attempt or threaten to commit a crime against that person or group; deface, damage, or destroy, or attempt or threaten to deface, damage, or destroy the real or personal property of that person or group; burn or attempt or threaten to burn an object on the real or personal property of that person or group; or make or cause to be made a false statement, report, or complaint that the person knows to be false as a whole or in material part, to a law enforcement officer of the State, of a county, municipal corporation, or other political subdivision of the State, or of the Maryland–National Capital Park and Planning Police, about that person or group, with the intent to deceive and to cause an investigation or other action to be taken as a result of the statement, report, or complaint, in violation of § 9–501 of this article; or commit a violation of item (1) of this section that: except as provided in item (ii) of this item, involves a separate crime that is a felony; or results in the death of a victim.

A person may not deface, damage, or destroy, attempt or threaten to deface, damage, or destroy, burn or attempt or threaten to burn an object on, or damage the real or personal property connected to a building that is publicly or privately owned, leased, or used, including a cemetery, library, meeting hall, recreation center, or school: because a person or group of a particular race, color, religious belief, sexual orientation, sex, gender identity, disability, or national origin, or because a person or group that is homeless, has contacts or is associated with the building; or if there is evidence that exhibits animosity against a person or group, because of the race, color, religious beliefs, sexual orientation, sex, gender identity, disability, or national origin of that person or group or because that person or group is homeless.

A person may not place or inscribe an item or a symbol, including an actual or depicted noose or swastika, whether temporary or permanent, on any real or personal property, public or private, without the express permission of the owner, owner’s agent, or lawful occupant of the property, with the intent to threaten or intimidate any person or group of persons.

Except as provided in subsection (b) of this section, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. A person who violates § 10–304(2)(i) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. A person who violates § 10–304(2)(ii) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both. In addition to any other penalties imposed by this section, the court may require a person who violates this subtitle to complete an antibias education program.

Except as provided in subsection (b) of this section, a sentence imposed under this subtitle may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this subtitle. If a person is convicted of a violation of § 10–304(1)(i) of this subtitle based on a violation of § 9–501.1 of this article, a sentence imposed under this subtitle shall be concurrent with a sentence imposed under § 9–501.1 of this article.

Nothing in this subtitle may be construed to infringe on the speech of a religious leader or other individual during peaceable activity intended to express the leader’s or individual’s religious beliefs or convictions.

A person who is the victim of an act that would constitute a violation of this subtitle may bring a civil action against the person or persons who committed the act in a court of competent jurisdiction. The court may: issue an injunction to prevent or restrain an act that would constitute a violation of this subtitle; and award damages in accordance with subsection (c) of this section. Damages awarded by a court under this section may include: economic damages and any other pecuniary loss sustained by the plaintiff that was proximately caused by the violation of this subtitle; and noneconomic damages, including: pain and suffering; subject to paragraph (3) of this subsection, emotional distress; subject to paragraph (3) of this subsection, mental anguish; loss of enjoyment; loss of companionship, services, and consortium; and other nonpecuniary loss sustained by the plaintiff that was proximately caused by the act that would constitute a violation of this subtitle. The court may also award reasonable attorney’s fees and court costs to a prevailing plaintiff. Noneconomic damages under paragraph (1)(ii)2 and 3 of this subsection may not include emotional distress or mental anguish caused solely by the need to replace or repair personal or real property. Damages awarded by a court under subsection (c)(1) of this section may be equal to three times the amount of actual damages. This section does not affect any legal or equitable right or remedy otherwise provided by law.