76-5-107.   Terroristic threat -- Penalty.
     (1) A person commits a terroristic threat if he threatens to commit any offense involving bodily injury, death, or substantial property damage, and:
     (a) he threatens the use of a weapon of mass destruction, as defined in Section 76-10-401, or threatens by the use of a hoax weapon of mass destruction, as defined in Section 76-10-401; or
     (b) he acts with intent to:
     (i) intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government;
     (ii) cause action of any nature by an official or volunteer agency organized to deal with emergencies;
     (iii) place a person in fear of imminent serious bodily injury, substantial bodily injury, or death; or
     (iv) prevent or interrupt the occupation of a building or a portion of the building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier.
     (2) (a) A violation of Subsection (1)(a) or (1)(b)(i) is a second degree felony.
     (b) A violation of Subsection (1)(b)(iv) is a third degree felony.
     (c) Any other violation of this section is a class B misdemeanor.
     (3) It is not a defense under this section that the person did not attempt to or was incapable of carrying out the threat.
     (4) A threat under this section may be express or implied.
     (5) A person who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
     (6) In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.

Amended by Chapter 166, 2002 General Session
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Last revised: Wednesday, July 23, 2008