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;
(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 (d)(1) through (d)(5); or
(B) subsection (d)(7) through (d)(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) “Communicates” includes posting a message electronically, including on a social networking web site (as defined in IC 35-31.5-2-307 ).
(d) “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.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-45-2-1 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-45-2-1.html
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