(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.