18-1353A. THREATS AGAINST STATE OFFICIALS OF THE EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OR ELECTED OFFICIALS OF A COUNTY OR CITY. Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier, any letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon any state elected official of the executive or legislative branch, or any justice, judge or magistrate of the judicial branch, or person appointed to fill the vacancy of a state elected official of the executive or legislative branch of the state of Idaho, or knowingly and willfully otherwise makes any such threat against a state elected official of the executive or legislative branch, or any justice, judge or magistrate of the judicial branch, or person appointed to fill the vacancy of a state elected official of the executive or legislative branch of the state of Idaho, or upon any elected official of any county or city, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) and shall be sentenced to not to exceed one (1) year in the county jail. If such threat is made while the defendant exhibits a firearm or other dangerous or deadly weapon, the defendant shall be guilty of a felony. Upon a second or subsequent conviction of an offense under this section, the defendant shall be guilty of a felony and shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.

History:

[18-1353A, added 1982, ch. 263, sec. 1, p. 674; am. 1992, ch. 113, sec. 1, p. 342; am. 1996, ch. 401, sec. 1, p. 1334; am. 2000, ch. 131, sec. 1, p. 308.]