13-1202. Threatening or intimidating;
classification


A. A person commits threatening or intimidating if the person threatens or
intimidates by word or conduct:


1. To cause physical injury to another person or serious damage to the property of
another; or


2. To cause, or in reckless disregard to causing, serious public inconvenience
including, but not limited to, evacuation of a building, place of assembly or
transportation facility; or


3. To cause physical injury to another person or damage to the property of another
in order to promote, further or assist in the interests of or to cause, induce or solicit
another person to participate in a criminal street gang, a criminal syndicate or a
racketeering enterprise.


B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a
class 1 misdemeanor, except that it is a class 6 felony if:


1. The offense is committed in retaliation for a victim's either reporting criminal
activity or being involved in an organization, other than a law enforcement agency, that
is established for the purpose of reporting or preventing criminal activity.


2. The person is a criminal street gang member.


C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3
felony.