16-11-221. Domestic terrorism; penalties.

A person commits the crime of domestic terrorism when he or she commits or attempts to commit a felony violation of the laws of this state which, as part of a single unlawful act or a series of unlawful acts which are interrelated by distinguishing characteristics, is intended to cause serious bodily harm, kill any individual or group of individuals, or disable or destroy critical infrastructure, a state or government facility, or a public transportation system when such disability or destruction results in major economic loss, and is intended to:#

1. (1)

   Intimidate the civilian population of this state or any of its political subdivisions;#

2. (2)

   Alter, change, or coerce the policy of the government of this state or any of its political subdivisions by intimidation or coercion; or#

3. (3)

   Affect the conduct of the government of this state or any of its political subdivisions by use of destructive devices, assassination, or kidnapping.#

Any person who commits domestic terrorism shall be guilty of a felony and upon conviction thereof shall be punished as follows:#

1. (1)

   If death results to any individual, by death, by imprisonment for life without parole, or by imprisonment for life;#

2. (2)

   If kidnapping occurs, by imprisonment for not less than 15 nor more than 35 years, or by imprisonment for life;#

3. (3)

   If serious bodily harm occurs, by imprisonment for not less than 15 nor more than 35 years; or#

4. (4)

   If critical infrastructure, a state or government facility, or a public transportation system is disabled or destroyed, by imprisonment for not less than five nor more than 35 years.#

No sentence imposed under this Code section shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court’s discretion, the court may suspend, stay, probate, defer, or withhold part of such sentence when the prosecuting attorney and the defendant have agreed to such sentence.#