(1) As used in this section: (a) "Agent of a foreign government" means an individual who acts at the direction of, under the control of, or as a proxy for, a foreign government. (b) "Agent of a foreign terrorist organization" means an individual who acts at the direction of, under the control of, or as a proxy for, a foreign terrorist organization designated by the federal government in accordance with 8 U.S.C. Sec. 1189. (2) An actor who commits any criminal offense is subject to an enhanced penalty for the offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt that the actor: (a) (i) is an agent of a foreign government or an agent of a foreign terrorist organization; or (ii) acted at the direction, request, command, or otherwise under the influence of, a foreign government or foreign terrorist organization; and (b) committed the criminal offense with the intent to: (i) (A) cause an individual to act on behalf of a foreign government or foreign terrorist organization; (B) cause an individual to leave the United States or cause another individual to leave the United States; or (C) compel the victim to do any other act against the victim's will; or (ii) compel the victim to refrain from doing any act against the victim's will. (3) For an offense described in Subsection (2) , the actor may be charged as follows: (a) for a class C misdemeanor, as a class B misdemeanor; (b) for a class B misdemeanor, as a class A misdemeanor; (c) for a class A misdemeanor, as a third degree felony; (d) for a third degree felony, as a second degree felony; and (e) for a second degree felony, as a first degree felony.
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