(1) If any person shall willfully and unlawfully shoot or discharge a firearm into an assembly or group of two (2) or more people, the offender shall be guilty of a felony whether or not anybody be injured thereby and, on conviction thereof, shall be punished by commitment to the Department of Corrections for a term of not less than five (5) years but not to exceed fifteen (15) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine, within the discretion of the court.
(2) If the shooting or discharging of the firearm into an assembly or group is at a church, synagogue, temple or other established place of worship, courthouse, school, playground, or park, the offender may be punished by a fine or imprisonment for not less than five (5) years but not to exceed twenty (20) years or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such imprisonment and fine, within the discretion of the court.
(3) If any person in the assembly or group is under the age of eighteen (18), the offender may be punished by a fine or imprisonment for not less than five (5) years but not to exceed thirty (30) years or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such imprisonment and fine, within the discretion of the court.
(4) If the offender is a street gang member or a gang member, pursuant to Section 97-44-3, or a member of a terrorist organization, the offender may be punished by a fine or imprisonment for not less than ten (10) years but not to exceed thirty (30) years or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such imprisonment and fine, within the discretion of the court.
(5) A terrorist organization for purposes of this section is an organization that makes terroristic threats as defined under Section 97-7-75 or an organization that commits an act or acts that meet the definition of international or domestic terrorism under 18 USC § 2331.