76-5-107.3 - Threat of terrorism -- Penalty.
76-5-107.3. Threat of terrorism -- Penalty.
(1) A person commits a threat of terrorism if the person threatens to commit any offenseinvolving bodily injury, death, or substantial property damage, and:
(a) (i) threatens the use of a weapon of mass destruction, as defined in Section76-10-401; or
(ii) threatens the use of a hoax weapon of mass destruction, as defined in Section76-10-401; or
(b) acts with intent to:
(i) intimidate or coerce a civilian population or to influence or affect the conduct of agovernment or a unit of government;
(ii) prevent or interrupt the occupation of a building or a portion of the building, a placeto which the public has access, or a facility or vehicle of public transportation operated by acommon carrier; or
(iii) cause action of any nature by an official or volunteer agency organized to deal withemergencies.
(2) (a) A violation of Subsection (1)(a) or (1)(b)(i) is a second degree felony.
(b) A violation of Subsection (1)(b)(ii) is a third degree felony.
(3) It is not a defense under this section that the person did not attempt to carry out orwas 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 thatoffense, in addition to any other offense committed, including the carrying out of the threatenedact.
(6) In addition to any other penalty authorized by law, a court shall order any personconvicted of any violation of this section to reimburse any federal, state, or local unit ofgovernment, or any private business, organization, individual, or entity for all expenses andlosses incurred in responding to the violation, unless the court states on the record the reasonswhy the reimbursement would be inappropriate.
Enacted by Chapter 334, 2010 General Session