CRIMINAL LAWAND PROCEDURE
219
(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;
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 vol-
unteer;
(v) is an employee of a court;
(vi) is an employee of a probation
department;
(vii) is an employee of a com-
munity corrections program;
(viii) is an employee of a hospi-
tal, church, or religious organi-
zation; or
(ix) is a person that owns a build-
ing 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 sta-
tus 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, employ-
ment 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 equip-
ment or systems, or a school corpora-
tion 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
deputy prosecuting attorney.
(c) “Communicates” includes posting a mes-
sage electronically, including on a social net-
working web site (as defined in IC 35-42-4-12(d)).
(d) “Threat” means an expression, by words
or action, or an intention to:
(1) unlawfully injure the person threat-
ened or another person, or damage prop-
erty;
(2) unlawfully subject a person to physi-
cal 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 per-
son’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.
35-45-2-2. Harassment.
(a) Aperson who, with intent to harass, annoy,
or alarm another person but with no intent of
legitimate communication:
(1) makes a telephone call, whether or not
a conversation ensues;
(2) communicates with a person by tele-
graph, mail, or other form of written com-
munication;
