§ 13-721 — Sentencing enhancement for transnational repression; definitions

A. A person who is convicted of stalking, threatening or intimidating, harassment, assault or aggravated assault shall be sentenced for the next higher class of offense than that for which the person currently is convicted if the person is a foreign government agent or foreign terrorist organization agent, intentionally acts at the direction of or on behalf of the foreign government or foreign terrorist organization in the commission of the offense and does any of the following at the direction of or on behalf of the foreign government or foreign terrorist organization during the commission of the offense:

1. Coerces another person to act on behalf of the foreign government or foreign terrorist organization.

2. Coerces another person to leave the United States.

3. Coerces a person to cause another person to leave the United States.

4. Restricts another person from engaging in protected conduct.

5. Retaliates against another person for engaging in protected conduct.

B. For the purposes of this section:

1. "Foreign government agent" means an agent who is directed or controlled by a foreign government or the proxies of that foreign government.

2. "Foreign terrorist organization agent" means an agent who is directed or controlled by a foreign terrorist organization or the proxies of that foreign terrorist organization.

3. "Protected conduct" means conduct that is lawful under federal or state law, including any of the following:

(a) Free exercise of religion.

(b) Free speech, whether oral or written or in print or digital form, on a matter of public interest or concern.

(c) Petitioning any federal or state government entity for redress of grievances.

(d) Peaceful assembly.