Section 35-45-2-1 - Intimidation(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(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;(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.Amended by P.L. 5-2022,SEC. 6, eff. 7/1/2022.Amended by P.L. 66-2019,SEC. 17, eff. 7/1/2019.Amended by P.L. 85-2017,SEC. 114, eff. 4/20/2017.Amended by P.L. 168-2014, SEC. 82, eff. 7/1/2014.Amended by P.L. 158-2013, SEC. 523, eff. 7/1/2014.Amended by P.L. 123-2013, SEC. 3, eff. 7/1/2013.As added by Acts1976 , P.L. 148, SEC.5. Amended by Acts1977 , P.L. 340, SEC.71; Acts1981 , P.L. 300, SEC.3; P.L. 183-1984, SEC.6; P.L. 325-1985, SEC.1; P.L. 242-1993, SEC.3; P.L. 164-1993, SEC.12; P.L. 1-1994, SEC.169; P.L. 241-2001, SEC.3; P.L. 175-2003, SEC.3; P.L. 3-2006, SEC.2.