Sec. 1. (a) A person who communicates a threat with the intent: (1) that another person engage in conduct against the other person's will; (2) that another person be placed in fear of retaliation for a prior lawful act; (3) of: (A) causing: (i) a dwelling, a building, or other structure; or (ii) a vehicle; to be evacuated; or (B) interfering with the occupancy of: (i) a dwelling, building, or other structure; or (ii) a vehicle; or (4) that another person be placed in fear that the threat will be carried out, if the threat is a threat described in: (A) subsection (c)(1) through (c)(5); or (B) subsection (c)(7) through (c)(8); commits intimidation, a Class A misdemeanor. (b) However, the offense is a: (1) Level 6 felony if: (A) the threat is to commit a forcible felony; (B) the subject of the threat or the person to whom the threat is communicated is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat; (C) the threat is communicated because of the occupation, profession, employment status, or ownership status of a person or the threat relates to or is made in connection with the occupation, profession, employment status, or ownership status of a person; (D) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or (E) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and (2) Level 5 felony if: (A) while committing it, the person draws or uses a deadly weapon; (B) the subject of the threat or the person to whom the threat is communicated: (i) is a judicial officer or bailiff of any court; or (ii) is a prosecuting attorney or a deputy prosecuting attorney; and the threat relates to the person's status as a judicial officer, bailiff, prosecuting attorney, or deputy prosecuting attorney, or is made in connection with the official duties of the judicial officer, bailiff, prosecuting attorney, or deputy prosecuting attorney; or (C) the threat is: (i) to commit terrorism; or (ii) made in furtherance of an act of terrorism. (c) "Threat" means an expression, by words or action, of an intention to: (1) unlawfully injure the person threatened or another person, or damage property; (2) unlawfully subject a person to physical confinement or restraint; (3) commit a crime; (4) unlawfully withhold official action, or cause such withholding; (5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses; (6) expose the person threatened to hatred, contempt, disgrace, or ridicule; (7) falsely harm the credit or business reputation of a person; or (8) cause the evacuation of a dwelling, a building, another structure, or a vehicle. For purposes of this subdivision, the term includes an expression that would cause a reasonable person to consider the evacuation of a dwelling, a building, another structure, or a vehicle, even if the dwelling, building, structure, or vehicle is not evacuated.
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