Indiana Code Title 35. Criminal Law and Procedure § 35-45-2-1

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 (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.


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