Criminal retaliation against a victim or a witness

(1) As used in this section: (a) "Bodily injury" means the same as that term is defined in Section 76-1-101.5. (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.