San Marino Criminal Code (amended by Law No. 57 of 6 May 2016)

Article 90, paragraph 1, subparagraph 1 (“Aggravating factors in sentencing”)

1) to commit another crime; to conceal a previous offense or to destroy the evidence; to obtain or insure for oneself or others the product, the profit, the price of another crime or for abject or futile reasons or for purposes of racial, ethnic, national, religious discrimination, or discrimination related to sexual orientation. In this case the offence is prosecuted ex officio.

Article 179 bis (“Discrimination, hatred or violence for racial, ethnic, national, religious or sexual orientation motives”)

A person who in any way disseminates ideas based on racial or ethnic superiority or hatred, or incites to commit or commits discriminatory acts on grounds of race, ethnic or national origin, religion, or connected to sexual orientation, or incites to commit or commits acts of violence or incites to violence for racial, ethnic, national, religious or sexual orientation related motives, should be punished with second degree imprisonment.