(1) Terms defined in Sections 76-1-101.5 and 76-9-1501 apply to this section.
(2) An actor commits assault with intent to commit bus hijacking if the actor intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, or any other person in control of a bus so as to interfere with the performance of duties by the person.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second degree felony.
(b) A violation of Subsection (2) is a first degree felony if the actor used a dangerous weapon during the violation.