[F129BUse of words or behaviour or display of written materialE+W
(1)A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred [F2or hatred on the grounds of sexual orientation].
(2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
(5)This section does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme service.]
Textual Amendments
F1Pt. 3A inserted (E.W.) (1.10.2007 except so far as relating to the insertion of ss. 29B(3), 29H(2), 29I(2)(b)(4)) by Racial and Religious Hatred Act 2006 (c. 1), ss. 1, 3(2), Sch.; S.I. 2007/2490, art. 2
F2Words in s. 29B(1) inserted (23.3.2010) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 153(7), Sch. 16 para. 6(2); S.I. 2010/712, art. 2(d)
F3S. 29B(3) repealed (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 149, 153(1)(j), Sch. 16 para. 6(3), Sch. 28 Pt. 5