(1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:
(a) Intentionally destroys or substantially damages critical infrastructure; or
(b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.
(2) Domestic terrorism in the first degree is a Class B felony.
(3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission.