§ 76-5-107 — Threat of violence.

(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits a threat of violence if the actor:
(2)(a) (2)(a)(i) threatens to commit an offense:
(2)(a)(i)(A) under Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420; or
(2)(a)(i)(B) involving bodily injury, death, or substantial property damage; and
(2)(a)(ii) acts with intent to place an individual in fear:
(2)(a)(ii)(A) that the actor will imminently commit an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420, against the individual; or
(2)(a)(ii)(B) of imminent serious bodily injury, substantial bodily injury, or death; or
(2)(b) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual.
(3) (3)(a) A violation of Subsection (2) is a class B misdemeanor.
(3)(b) An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
(4) It is not a defense under this section that the actor did not attempt to or was incapable of carrying out the threat.
(5) A threat under Subsection (2) may be express or implied.

Legislative History

Amended by Chapter 173, 2025 General Session