Indiana SB 308: Intimidation.

Bill Text

Introduced Version
SENATE BILL No. 308
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-45-2-1.
Synopsis: Intimidation. Provides that intimidation is a Level 6 felony
if the subject of the threat is a public school, a state accredited
nonpublic school, or a charter school.
Effective: July 1, 2025.
Zay
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 308—LS 6799/DI 151

Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 308
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-45-2-1, AS AMENDED BY P.L.5-2022,
2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) A person who communicates a threat with
4 the intent:
5 (1) that another person engage in conduct against the other
6 person's will;
7 (2) that another person be placed in fear of retaliation for a prior
8 lawful act;
9 (3) of:
10 (A) causing:
11 (i) a dwelling, a building, or other structure; or
12 (ii) a vehicle;
13 to be evacuated; or
14 (B) interfering with the occupancy of:
15 (i) a dwelling, building, or other structure; or
16 (ii) a vehicle; or
17 (4) that another person be placed in fear that the threat will be
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1 carried out, if the threat is a threat described in:
2 (A) subsection (c)(1) through (c)(5); or
3 (B) subsection (c)(7) through (c)(8);
4 commits intimidation, a Class A misdemeanor.
5 (b) However, the offense is a:
6 (1) Level 6 felony if:
7 (A) the threat is to commit a forcible felony;
8 (B) the subject of the threat or the person to whom the threat
9 is communicated is a witness (or the spouse or child of a
10 witness) in any pending criminal proceeding against the
11 person making the threat;
12 (C) the threat is communicated because of the occupation,
13 profession, employment status, or ownership status of a person
14 or the threat relates to or is made in connection with the
15 occupation, profession, employment status, or ownership
16 status of a person;
17 (D) the person has a prior unrelated conviction for an offense
18 under this section concerning the same victim; or
19 (E) the threat is communicated using property, including
20 electronic equipment or systems, of a school corporation or
21 other governmental entity; and or
22 (F) the subject of the threat is:
23 (i) a public school (as defined in IC 20-18-2-15);
24 (ii) a state accredited nonpublic school (as defined in
25 IC 20-18-2-18.7); or
26 (iii) a charter school (as defined in IC 20-24-1-4); and
27 (2) Level 5 felony if:
28 (A) while committing it, the person draws or uses a deadly
29 weapon;
30 (B) the subject of the threat or the person to whom the threat
31 is communicated:
32 (i) is a judicial officer or bailiff of any court; or
33 (ii) is a prosecuting attorney or a deputy prosecuting
34 attorney;
35 and the threat relates to the person's status as a judicial officer,
36 bailiff, prosecuting attorney, or deputy prosecuting attorney, or
37 is made in connection with the official duties of the judicial
38 officer, bailiff, prosecuting attorney, or deputy prosecuting
39 attorney; or
40 (C) the threat is:
41 (i) to commit terrorism; or
42 (ii) made in furtherance of an act of terrorism.
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1 (c) "Threat" means an expression, by words or action, of an
2 intention to:
3 (1) unlawfully injure the person threatened or another person, or
4 damage property;
5 (2) unlawfully subject a person to physical confinement or
6 restraint;
7 (3) commit a crime;
8 (4) unlawfully withhold official action, or cause such withholding;
9 (5) unlawfully withhold testimony or information with respect to
10 another person's legal claim or defense, except for a reasonable
11 claim for witness fees or expenses;
12 (6) expose the person threatened to hatred, contempt, disgrace, or
13 ridicule;
14 (7) falsely harm the credit or business reputation of a person; or
15 (8) cause the evacuation of a dwelling, a building, another
16 structure, or a vehicle. For purposes of this subdivision, the term
17 includes an expression that wo