Per California penal code section 11411, it is a crime in California to terrorize a person by displaying a Nazi Swastika, a hanging noose, or a burning cross (PC 11411 Abbrev.).
“Terrorize” Defined: To “terrorize” a person means to intentionally cause great distress, anxiety, or fear of physical violence to another person. Essentially, “Terrorize” means to cause a person of ordinary emotions and sensibilities to fear for personal safety (PC 11411(f)).
This article covers the law, penalties, and common defenses related to the crime of terrorize by symbol (PC 11411). For further information, please contact our CA criminal defense lawyers today for a free consultation.
PC 11411 Law (Abbrev.)
PC 11411(a): Terrorize by Nazi Swastika: It is the intent of the California Legislature to criminalize the placement or display of the Nazi Hakenkreuz (hooked cross), also known as the Nazi swastika that was the official emblem of the Nazi party, for the purpose of terrorizing a person… (PC 11411(a) Abbrev.).
When the defendant purposefully displays the Nazi Swastika to terrorize another person, the crime is usually charged as a felony under PC 11411(c) [See Below]; however, when the defendant recklessly displays the Nazi Swastika, which causes actual terror towards another person, then the crime is usually charged as a misdemeanor PC 11411(a). For further information on penalties, see PC 11411 Penalties.
Note: PC 1141(a): specifically excludes from punishment the placement or display of the ancient swastika symbols that are associated with Hinduism, Buddhism, and Jainism and are symbols of peace.
PC 11411(b): Terrorize by Noose: A person who hangs a noose, knowing it to be a symbol representing a threat to life, on the private (or public) property of another…, for the purpose of terrorizing the owner or occupant of that private property, …. (PC 11411(b) Abbrev.).
Note: For a person to be in violation of PC 11411(b), the hanging of a noose must be to either purposefully, or recklessly, terrorize another person, and the defendant must have known that the noose represents a symbol that terrorizes another person with the threat of violence or death.
PC 11411(c): Terrorize by Display of Nazi Swastika or Other Symbol: A person who places or displays a sign, mark, symbol, emblem, or other physical impression, including, but not limited to, a Nazi swastika, on the private 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…., is guilt of Terrorize by Symbol (PC 11411(c) Abbrev.).
Note: PC 11411(a) Terrorize by Nazi Swastika, and PC 11411(c) Terrorize by Nazi Swastika or another symbol, are very similar. However, PC 11411(a) specifically covers the crime of terrorizing by Nazi Swastika, without reference to any other symbol.
PC 11411(d): Terrorize by Burning a Cross: A person who burns or desecrates a cross or other religious symbol, knowing it to be a religious symbol, on the private 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…., is guilty of Terrorize by Burning a Cross (PC 11411(d) Abbrev.).
When the defendant burns a cross for the purpose of terrorizing another person, then the crime is usually charged as a felony (PC 11411(c)-F); however, when the defendant burns a cross without intent to terrorize another person, but the burning of the cross causes actual terror to another person of ordinary sensibilities, then the crime is usually charged as a misdemeanor (PC 11411(c)-M).
Example: David hangs a Nazi Swastika in his garage. No person can see the Nazi symbol (other than David).
Result: David is not guilty of terrorize by displaying a Nazi Swastika per penal code 11411(a) or 11411(c) because David had no intent to terrorize by symbol, and David did not act recklessly when he displayed the Nazi Swastika because no person other than David can see the symbol.
Example: Sarah creates a “rope handle” for her garage door. The rope handle is in the shape of a noose. Without Sarah meaning any ill-will towards anyone, the noose hangs from her open garage door in a way that looks like a symbol of hate.
Result: Even if some person sees the noose, and that person is terrorized by the noose, Sarah is probably not guilty of terrorize by noose per PC 11411(b) because she did not act with purposeful intent to terrorize, or recklessness that caused actual terror to another person or ordinary sensibilities.
Example: Billy burns a cross in his neighbor’s yard for the purpose of terrorizing his neighbor.
Result: Billy is probably guilty of terrorize by burning cross per PC 11411(d) or 11411(c) [Terrorize by symbol]. Also, Billy will likely be charged with a felony, as opposed to a misdemeanor violation because Billy’s terrorizing was done with purposeful intent to cause terror in his neighbor.
PC 11411 Penalties
Terrorize by Nazi Swastika may be charged as a felony, or alternatively as a misdemeanor. When a crime may be charged as either a misdemeanor, or alternatively as a felony, the crime is known as a “wobbler” offense (the crime “wobbles” between two classifications of crime).
Note: Terrorize by Nazi Swastika is covered under both penal codes 11411(a) and 11411(c). However, Pc 11411(a) only covers Nazi Swastika use, as opposed to PC 11411(c), which covers other symbol of hate. Also, PC 11411(a) is always charged as a misdemeanor, whereas PC 11411(c) may be charged either a felony, or alternatively as a felony.
PC 11411(a) & (c) Jail Sentence: When terrorize by Nazi Swastika, or other symbol, is charged as a misdemeanor, the defendant may face up to a year in the county jail. When the same crime is charged as a felony, the defendant may face up to three years in the county jail (PC 11411(a) & PC 11411(c)).
Terrorize by Noose may be charged as a felony, or alternatively as a misdemeanor per PC 11411(b). When PC 11411(b) is charged as a misdemeanor, the defendant may face up to a year in the county jail. When the same crime is charged as a felony, the defendant may face up to three years in the county jail (PC 11411(b)).
Wobbler Offense: As stated, both PC 11411(b) and (c) may be charged either as a misdemeanor, or alternatively, as a felony. The main difference in the charging is determined by the defendant’s intent.
If the defendant intended to cause terror to another person when he or she displayed a symbol, then the defendant will likely face a felony crime. In the alternative, if the defendant acted with recklessness when he or she terrorizes another person by symbol, the defendant will likely be charged with a misdemeanor.
Other determining factors as to whether a defendant will be charged with a misdemeanor or a felony in terrorize by symbol cases depends on 1) the defendant’s criminal history, 2) the showing of the defendant’s remorse (if any), 3), the harm caused to the defendant’s victim (if any), the terms of any plea negotiation, and more.
Probation Sentence: A probation sentence is a period of supervision, as opposed to jail confinement. A probation sentence is allowed in all PC 11411 cases, including felony and misdemeanor violations of PC 11411, but a probation sentence is not guaranteed.
Whether a defendant receives a probation sentence after a conviction for terrorizing another person by symbol depends on many factors, including the defendant’s criminal history, the harm caused by the defendant’s criminal conduct (if any), the terms of a negotiated plea bargain, and more.
A probation sentence carries “terms of probation” that must be followed by the defendant to continue to remain on probation. The conditions are tailed to the facts of the case, but I most cases, the terms of condition will include a condition that the defendant commit no misdemeanor or felony crime, pay fines, pay restitution to the victim, stay away from victim (Criminal Protective Order), and more.
Note: A felony probation sentence is monitored by a probation officer. A misdemeanor probation sentence is usually followed by the court.
Penal Code 1170(h) Sentence: The crimes of terrorize by symbol (i.e., Nazi Swastika, noose, burning cross, etc.) are crimes covered under California PC 1170(h) rules. This means that the defendant may have his or her felony sentence “split” (served partially out of jail on probation-like terms) or suspended (not served unless the defendant violates a term of his or her out-of-jail conditions. For more information, see PC 1170(h).
Note: Whether the defendant is allowed to serve only a part of hir or her sentence in actual jail after a PC 11411 conviction depends on many factors like the factors listed above under “Probation Sentence.”
Work Release: Work release is often made a condition of a probation sentence. Work release is a type of hard labor, such as trash collecting around jails and highways, which is sometimes ordered in lieu of a jail sentence, and as part of a probation sentence, after a conviction for terrorizing by symbol.
Example: David is convicted of misdemeanor PC 11411(c) [Terrorize by Display of Nazi Swastika]. David has no criminal history, and there are other sentencing mitigating factors in the case. Therefore, the judge allows David to serve a misdemeanor probation sentence, but only if David agrees to certain “probation conditions,” such as work release for thirty days.
CIMT: PC 11411 crimes are considered crimes involving moral turpitude, or CIMT. A CIMT is any crime that involves moral depravity or deceit. Crimes involving moral turpitude carry additional direct and indirect consequences that are above and beyond the penalties issued by the criminal court after a conviction, such as deportation from the United States, loss of profession licensing, and more. For more information, see Crimes Involving Moral Turpitude.
Firearm Prohibition: A conviction for terrorizing by symbol (i.e., Nazi Swastika, noose, burning cross, etc.) will lead to firearm, ammunition, and body armor forfeiture for the defendant. A misdemeanor penal code 11411 conviction will result in a ten-year firearm ban. A felony penal code 11411 conviction will result in a lifetime firearm ban.
Note: The crime of terrorize by symbol is not a serious or violent felony as those terms are defined under PC 1192.7, or PC 667.5, respectively. As such, no PC 11411 crime is considered a “strike” offense under California’s Three Strikes Sentencing Law.
Additional Penalties: In addition to the penalties and punishment listed above, if found guilty of terrorizing another by person by symbol, the defendant could face court fines and fees, restitution to the victim, criminal protective orders, enhanced penalties for future crimes, harsh probation or parole terms, civil lawsuits, loss of educational benefits, and more.
PC 11411 Defenses
Every PC 11411 case is different, therefore, the defense that is used against a criminal charge of terrorize by symbol is different from case to case. However, some defenses lend themselves to PC 11411 charges more commonly than others. These common defenses to penal code 11411 charges include:
Statute of limitations (3 years for both misdemeanor and felony charges of PC 11411)
Illegal search and seizure; violation of Miranda Rights or coerced confession
Insanity or severe intoxication defense
Lack of sufficient evidence to prove the elements of the offense (i.e., lack of intent to terrorize or lack of recklessness when terrorizing by symbol, lack of knowledge of symbol as a terror symbol, etc.), and more.
Post-conviction Relief: After a conviction for any PC 11411 crime, the defendant might have certain post-conviction options, including withdrawing a guilty plea (PC 1018), appealing the conviction, petition the court for a certificate of rehabilitation, modify or terminate a probation term, and more.
Note: In some cases, where the defendant is arrested for the crime of terrorize by symbol (i.e., Nazi Swastika, noose, burning cross, etc.), but the district attorney has either not filed the case, or the case is filed, but the charges are ultimately dismissed, or the defendant is found “not guilty” at trial, the defendant might file for a petition to seal and destroy his or her arrest for PC 11411. For more information, see Seal & Destroy Arrest Record.
If you or a loved is charged with the crime of terrorize by symbol, including any violation of California penal code 11411, call our Southern California criminal defense attorneys today for a free consultation.
Our highly successful trial attorneys have helped thousands of defendants charged with all levels of misdemeanor and felony crimes in San Bernardino, Riverside, Los Angeles, and Orange County, and we can help you too. Call today!
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