Criminal retaliation against a victim or a witness.

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  • (1) As used in this section:
    • (a) "Bodily injury" means the same as that term is defined in Section 76-1-601.
    • (b) "Damage" means physical damage to an individual's property.
  • (2) An individual is guilty of a third degree felony if the individual inflicts bodily injury or damage:
    • (a) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and
    • (b) in retaliation for the victim's or the witness's:
      • (i) report of the covered allegation; or
      • (ii) involvement in an investigation initiated by the institution in response to the covered allegation.
  • (3) An individual is guilty of a third degree felony if the individual:
    • (a) communicates an intention to inflict bodily injury:
      • (i) upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; and
      • (ii) in retaliation for the victim's or the witness's:
        • (A) report of the covered allegation; or
        • (B) involvement in an investigation initiated by the institution in response to the covered allegation; and
    • (b)
      • (i) intends the communication described in Subsection (3)(a) as a threat against the victim or the witness; or
      • (ii) knows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.




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