76-5-107. Threat of violence.
(1) Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits a threat of violence if the actor: threatens to commit an offense: under Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section,,, or; or 76-5-417 76-5-418 76-5-419 76-5-420 involving bodily injury, death, or substantial property damage; and acts with intent to place an individual in fear: that the actor will imminently commit an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section,,, or, against the individual; or 76-5-417 76-5-418 76-5-419 76-5-420 of imminent serious bodily injury, substantial bodily injury, or death; or makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual.
(3) A violation of Subsection (2) is a class B misdemeanor. 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.