(1) that the other person engage in conduct against the other person’s will;
Terms Used In Indiana Code 35-45-2-1
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- bailiff: a court officer who enforces the rules of behavior in courtrooms.
- conviction: A judgement of guilt against a criminal defendant.
- corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- felony: A crime carrying a penalty of more than a year in prison.
- misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(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; 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 person to whom the threat is communicated: (i) is a law enforcement officer;
(ii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(iii) is an employee of a school or school corporation; (iv) is a community policing volunteer;
(v) is an employee of a court;
(vi) is an employee of a probation department;
(vii) is an employee of a community corrections program; (viii) is an employee of a hospital, church, or religious organization; or
(ix) is a person that owns a building or structure that is open to the public or is an employee of the person; and, except as provided in item (ii), the threat is communicated to the person because of the occupation, profession, employment status, or ownership status of the person as described in items (i) through (ix) or based on an act taken by the person within the scope of the occupation, profession, employment status, or ownership status of the person;
(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) 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; or
(B) the person to whom the threat is communicated: (i) is a judge or bailiff of any court; or
(ii) is a prosecuting attorney or a deputy prosecuting attorney.
(c) “Communicates” includes posting a message electronically, including on a social networking web site (as defined in IC 35-42-4-12(d)).
(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 the person threatened; or
(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle. As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.71; Acts 1981, 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; P.L.123-2013, SEC.3; P.L.158-2013, SEC.523; P.L.168-2014, SEC.82.