(a) A person commits the offense of threatening a judicial official or juror if the person directly or indirectly utters or otherwise makes a threat toward another person whom the person knows or should know to be a:
(1) Judicial official;
(2) Juror; or
(3) Member of the immediate family of a judicial official or juror.
(b) (1) Threatening a judicial official or juror is a Class B felony if the person threatens:
(A) To cause death or serious physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or
(B) Substantial damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.
(2) Threatening a judicial official or juror is a Class C felony if the person threatens:
(A) To cause physical injury to a judicial official, juror, or any member of a judicial official's or juror's immediate family; or
(B) Damage to property owned or possessed by a judicial official, juror, or any member of a judicial official's or juror's immediate family.
(c) It is an affirmative defense to any prosecution under this subchapter that at the time the defendant engaged in the conduct, the threat did not relate to the person's status or actions as a:
(1) Judicial official;
(2) Juror; or
(3) Member of the immediate family of a judicial official or juror.