Section 53B-28-304 - 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.Amended by Chapter 430, 2022 General Session ,§ 28, eff. 5/4/2022.Added by Chapter 307, 2019 General Session ,§ 4, eff. 5/14/2019.