IN Code § 35-45-2-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 45. Offenses Against Public Health, Order, and Decency|Chapter 2. Intimidation and Other Offenses Relating to Communications|35-45-2-1. Intimidation

Sec. 1. (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(ii) a vehicle; 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 (d)(1) through (d)(5); or(B) subsection (d)(7) through (d)(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) "Communicates" includes posting a message electronically, including on a social networking web site (as defined in IC 35-31.5-2-307).(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 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.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; P.L.85-2017, SEC.114; P.L.66-2019, SEC.17.