(1) As used in this section:
(a) "Agent of a foreign government" means an individual who acts at the direction of, under the control of, or as a proxy for, a foreign government.
(b) "Agent of a foreign terrorist organization" means an individual who acts at the direction of, under the control of, or as a proxy for, a foreign terrorist organization designated by the federal government in accordance with 8 U.S.C. Sec. 1189.
(2) An actor who commits any criminal offense is subject to an enhanced penalty for the offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt that the actor:
(a)
(i) is an agent of a foreign government or an agent of a foreign terrorist organization; or
(ii) acted at the direction, request, command, or otherwise under the influence of, a foreign government or foreign terrorist organization; and
(b) committed the criminal offense with the intent to:
(i)
(A) cause an individual to act on behalf of a foreign government or foreign terrorist organization;
(B) cause an individual to leave the United States or cause another individual to leave the United States; or
(C) compel the victim to do any other act against the victim's will; or
(ii) compel the victim to refrain from doing any act against the victim's will.
(3) For an offense described in Subsection (2), the actor may be charged as follows:
(a) for a class C misdemeanor, as a class B misdemeanor;
(b) for a class B misdemeanor, as a class A misdemeanor;
(c) for a class A misdemeanor, as a third degree felony;
(d) for a third degree felony, as a second degree felony; and
(e) for a second degree felony, as a first degree felony.