ROTH, Judge:
¶ 1 Matthew Graham challenges his convictions for terroristic threat, a second degree felony, see Utah Code Ann. § 76-5-107(1)(b)(i), (2)(a) (2008) (current version at id. § 76-5-107.3(1)(b)(i), (2)(a) (Supp. 2011)), and domestic violence in the presence of a child, a third degree felony, see id. § 76-5-109.1(2)(b), (3)(a) (2003) (current version at id. (Supp. 2011)). Specifically, Graham claims that he could not be convicted of felony terroristic threat because the sheriff's office does not constitute a "unit of government" or, in the alternative, that he is entitled to a lesser punishment because the sheriff's office is both a unit of government and an agency organized to respond to emergencies. He also contends that he could not be guilty of felony domestic violence in the presence of a child because he did not "use" a dangerous weapon. We affirm.
¶ 2 At approximately 10:00 a.m. on Thursday, January 31, 2008, forty to fifty officers from the Utah County Sheriff's Office, including members of its SWAT and hostage negotiation teams, as well as neighboring police and fire departments, responded to a report of domestic violence occurring at Graham's home in Eagle Mountain, Utah. The standoff that ensued lasted four to five hours before Graham surrendered.
¶ 3 Earlier that day, Graham and his wife (Wife) had gotten into an argument after Wife indicated that she was not feeling well enough to accommodate his sexual desires. Throughout the morning, Graham's frustration and anger escalated, and Wife was unable to "calm him down by talking." Because Graham had previously threatened to kill Wife and dispose of her body, Wife began to fear that he might actually seriously harm her or even end her life. As a result, she telephoned a friend to pick up their four children so that the children would not continue to be exposed to the argument or witness physical violence, if any occurred. Once Graham discovered that Wife had asked a friend to care for the children, he told Wife to call the friend back and tell her not to come because the "kids aren't going anywhere." Graham then ordered the children upstairs to clean the loft, which was used as a playroom; Wife went with them. The Grahams' daughter testified that by that point her mother was "[s]obbing, bawling" and her father was "in a rage."
¶ 4 In the loft, Wife sent a text message to the friend she had called to care for the children, in which she pleaded with her friend, "[F]ight [for] custody of my kids" "[w]hen [I']m gone." The friend, who had already begun driving to the Graham home, contacted a person she knew at the sheriff's office to have a deputy sent to the home. In the meantime, Wife went into the master bedroom to pack a change of clothing and some medicine for herself. She also wrote a
¶ 5 Wife then returned to the loft. Graham came in a few minutes later with two handguns holstered on his belt. Although the Grahams' daughter testified that it was not unusual for her father to wear his guns, Wife testified that her husband had never before armed himself during an argument. Graham and Wife again argued over whether the children could leave the home, and Graham demanded that Wife contact the friend to "[t]ell her not to come or [Graham] would shoot her [ (the friend) ]." Wife then called the friend and begged her not to come. After Graham left the loft, Wife sent a text message to her church bishop, which read, "Please help me!" The bishop did not recognize the number, but he immediately called it back. According to the bishop, Wife answered in a whisper that she was in trouble, that Graham had his guns, and that he had ordered her "to kill herself and the children or that [he] would." The bishop asked if Wife was in immediate danger, and she said yes. Wife then hung up because Graham was returning. The bishop called 911.
¶ 6 Graham returned to the loft after having discovered the bag that Wife had packed. Graham became even more furious, raising his voice and throwing the bag. Three of the children retreated to the corner while one child attempted to protect Wife. Graham repeatedly told the children that their mother was going to kill herself, and he read them the note that she had written to them. As a result, the children began to cry and the eldest child became "hysterical."
¶ 7 At that point, law enforcement officers arrived at the home. Graham said, "`Here we go,'" and walked down the stairs to answer the door. Because Graham considered the police to be "the enemy" and he was holding one gun in his hand and had another on his belt, Wife testified that she expected gunfire immediately. Consequently, she begged Graham "not to do it." Graham retorted, "`This is what you wanted.'" Wife and the children hid in the corner of the loft while Graham opened the door.
¶ 8 Deputy B.J. Eckles and Deputy Jared Nelson of the Utah County Sheriff's Office
¶ 9 Deputy Eckles explained that they were responding to a report of domestic violence and asked Graham if they could enter the home. Graham responded "no" and told the officers to leave his property. Deputy Eckles testified that Graham was "very agitated," "volatile," and "angry" that officers were there. He then asked if Graham had something in his hand. Graham replied, "`I do.'" When asked if it was a weapon, Graham answered, "`That's for me to know and for you to find out.'" At that point, the officers drew their weapons but kept them in a "low ready position." Deputy Eckles then asked if he could speak to Wife. Graham called Wife to the door and told her that she could leave. Wife refused to leave without the children so Graham told her that the children could go as well. As Wife and the children prepared to go, they kept their eyes fixed on Graham's right hand. The children refused to make eye contact with their father, and they walked as far away as possible from him as they exited the front door. Wife described it as the "scariest walk of [her] life" because she was "afraid that [Graham]
¶ 10 A short while later, Lieutenant Neil Castleberry of the Utah County Sheriff's Office met several officers inside a nearby home where Wife and the children had been taken to receive a briefing on what had transpired. When Graham called Wife's cell phone, Lieutenant Castleberry answered the call.
¶ 11 At the command post, Lieutenant Castleberry briefed Lieutenant Walter Pershon, the Utah County SWAT commander. During this briefing, Graham called Lieutenant Castleberry again. Graham continued to insist that he had done nothing wrong and expressed increasing frustration that the officers had not left. He reiterated that he had military training and was "willing and able" to harm any officers he observed. Graham became "quite agitated" and demanded that the officers "`[j]ust leave [him] alone and go away'"; then he disconnected the call. Lieutenant Pershon, who was present during this call, testified that because he perceived the situation to be "escalating very rapidly" and because he felt "desperation" about the safety of his officers, he borrowed Wife's cell phone to call Graham. Lieutenant Pershon was not a negotiator, but he hoped to connect with Graham because he had similar military training and experience. Over the next hour, Graham and Lieutenant Pershon spoke five or six times. Lieutenant Pershon testified that Graham continued to threaten to take action against the officers for approximately ten minutes of the first call. Specifically, the lieutenant reported that Graham stated that he could see armed police officers in his backyard and that he was capable of "`tak[ing] someone out at 700 yards.'"
¶ 12 Graham and Lieutenant Pershon discussed "exit strategies," which would include Graham putting away his weapons and coming out of the home. Graham eventually settled on the idea that he wanted assurance that he would not be charged with any crimes. At this point, Lieutenant Pershon handed the negotiations over to Deputy Whitnie Tait, a member of the sheriff's office negotiation team. Deputy Tait testified at trial that she spoke with Graham numerous times during which he remained in control of his emotions but demanded that the officers leave his property and that he be provided with a letter assuring him that he would not be criminally charged. Deputy Tait's negotiations with Graham lasted two-and-one-half to three hours. The officers, in coordination with the county attorney, finally decided to provide Graham with such a letter, though it was a ruse used only because the officers could think of no other way to persuade Graham to surrender. Tait testified that she read the letter to Graham over the phone. Tait reported that after she read the letter, she heard movement from Graham and the sound of a gun magazine being ejected. Graham then left the home unarmed and was taken into custody.
¶ 13 Graham was charged by information with aggravated kidnapping or, in the alternative, with aggravated assault (domestic violence), felony terroristic threat, and felony domestic violence in the presence of a child. The jury found Graham guilty of the terroristic threat and domestic violence in the presence of a child charges and acquitted him of the other charges. Graham now appeals the convictions.
¶ 14 Graham first complains that the trial court erred in the pertinent jury instruction by defining the "unit of government" element of the terroristic threat statute to include "a police department or agency," thus including, in effect, the county sheriff's office. Questions of statutory interpretation are matters of law, which we review for correctness. See State v. McNearney, 2011 UT App 4, ¶ 5, 246 P.3d 532. We therefore review definitions of statutory phrases that are provided in jury instructions without deference to the trial court's interpretation. See State v. Souza, 846 P.2d 1313, 1316 (Utah Ct.App.1993).
¶ 15 Graham also challenges the sufficiency of the evidence to support his conviction for domestic violence in the presence of a child. In particular, Graham argues that "reasonable minds could not rationally have arrived at a verdict of guilty beyond a reasonable doubt" because he merely possessed the gun and possession of a dangerous weapon by itself does not constitute "use" as a matter of law. See generally State v. Hales, 2007 UT 14, ¶ 36, 152 P.3d 321 (stating that appellate courts will not vacate a conviction so long as there is evidence and reasonable inferences that can be made from that evidence to support it). Because Graham's claim of error is focused on the scope of the term "use" in the statute under which he was convicted, his challenge amounts to "a legal question of statutory interpretation, which we review for correctness." See State v. Ireland, 2006 UT 82, ¶ 6, 150 P.3d 532 (stating that the determination of whether a defendant's gesturing with his hand in his pocket constituted use of a dangerous weapon under the aggravated robbery statute was "a legal question of statutory interpretation, which we review for correctness" (internal quotation marks omitted)).
¶ 16 The terroristic threat statute in effect on January 31, 2008, provided, in relevant part,
Utah Code Ann. § 76-5-107(1)(b)(i)-(ii), (2)(a), (c) (2008) (emphases added) (current version at id. § 76-5-107.3(1)(b)(i), (iii), (2) (Supp. 2011)). The trial court instructed the jury that a "`[g]overnment or unit of government' includes a police department or agency." Graham admits that his implicit threats to harm the officers constituted an offense under the terroristic threat statute and that his actions were directed at a police department, namely the sheriff's office, but disputes the trial court's determination that a police department constitutes a "unit of government." Alternatively, Graham asserts that the sheriff's office is both a "unit of government" and an "official ... agency organized to deal with emergencies" and that because the actions necessary to constitute an offense are the same regardless of the entity, he is entitled to a conviction on the misdemeanor offense under the rule of lenity, "[t]he judicial doctrine holding that a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment," Black's Law Dictionary 1449 (9th ed. 2009).
¶ 17 The State does not dispute Graham's position that a "unit of government" may have an emergency response function but advocates an interpretation of the statute that takes into account not only the type of entity targeted by the threat but also the nature of the action the threat is intended to evoke. It argues that by considering together the identity of the targeted governmental body and what a defendant is demanding that it do, this court can reconcile any conflicts within the statutory language by "affording each provision a meaningful purpose and separating [a] convoluted statute[] with a meaningful distinction," see State v. Jeffries, 2009 UT 57, ¶ 9, 217 P.3d 265. The State asserts that, analyzed under this approach, the sheriff's office is a unit of government and Graham's threats were made to influence or affect its conduct. We agree, for the reasons discussed below, that certain of Graham's actions fell within the scope of the terroristic threat statute's felony proscription.
¶ 18 "Our goal when confronted with questions of statutory interpretation is to evince the true intent and purpose of the Legislature. It is axiomatic that the best evidence of legislative intent is the plain language of the statute itself." Anderson v. Bell, 2010 UT 47, ¶ 9, 234 P.3d 1147 (citation and internal quotation marks omitted). Thus, we will give effect to the ordinary meaning of the statutory language unless it is ambiguous. See Jeffries, 2009 UT 57, ¶ 7, 217 P.3d 265.
¶ 19 The terroristic threat statute identifies two types of entities that may be the
¶ 20 Our analysis begins with the nature of the entity targeted by the threat. A voluntary fire department, an entity whose principal purpose is to respond to emergencies, seems to be a quintessential example of a "volunteer agency organized to deal with emergencies," and an organized fire department may represent its "official" counterpart. When a threat is made to "cause action of any nature" by an agency like these, the terroristic threat statute seems unambiguous in confining the level of conviction to a class B misdemeanor. See generally id. § 76-5-107(1)(b)(ii).
¶ 21 A "unit of government," however, has broader responsibilities than do emergency response entities, including management of resources, maintenance of order and public peace, establishment and implementation of public policy goals, as well as many other functions in support of the public weal. Most governments also have an inherent responsibility to respond to the great variety of emergencies that inevitably arise within their jurisdictions, and in this sense most governmental
¶ 22 "The sheriff's office is an elective office of the county ... and is a co-ordinate office or branch of our county government." Sheriff of Salt Lake Cnty. v. Board of Comm'rs of Salt Lake Cnty., 71 Utah. 593, 268 P. 783, 785 (1928); see also Utah Code Ann. §§ 17-22-1 to -29 (2009) (setting forth the qualifications, powers, and functions of the county sheriff). The sheriff's responsibilities are statutorily prescribed and include emergency functions, such as "manag[ing] search and rescue services," and "extinguishing] fires occurring ... on public land within his county"; nonemergency duties, like maintaining the county jail, transporting prisoners to court, and serving process and notices; and tasks that can be classified as emergency or nonemergency, depending on the circumstances, such as "mak[ing] all lawful arrests," providing court security, and "preserv[ing] the peace."
¶ 23 That said, the statutory language itself gives no discernable guidance as to whether the two categories of government entities it refers to are mutually exclusive for the statute's purposes or whether they can overlap. Common understanding of the terms suggests they might overlap in certain instances. See generally Olsen v. Eagle Mountain City, 2011 UT 10, ¶ 9, 248 P.3d 465 (observing that under our plain language canon of construction, appellate courts construe "common, daily, nontechnical speech" in a statute "in accordance with the ordinary meaning such words would have to a reasonable
¶ 24 This assumption does not resolve the statutory puzzle in this case, however, due to the apparently coextensive nature of the activity that is protected by both the felony and misdemeanor provisions in the statute. The felony provision proscribes a threat intended to "influence or affect the conduct" of a governmental entity, while the threat addressed by the misdemeanor provision is one aimed at "caus[ing] action of any nature" by the targeted emergency responder. Utah Code Ann. § 76-5-107(1)(b)(i)-(ii). Common dictionary definitions do not suggest a ready distinction between these terms. For example, to "influence" is "to affect or alter the conduct, thought or character of by indirect or intangible means: sway" or "to have an effect on the condition or development of:... modify," Webster's Third New Int'l Dictionary 1160 (1993), and "conduct" is defined as "the act, manner, or process of ... carrying forward (as a business, government, or war): management," id. at 473, while "cause" means to "bring into existence: make," id. at 356, and "action" is "[t]he process of doing something; conduct or behavior" or "[a] thing done," Black's Law Dictionary 32 (9th ed. 2009).
¶ 25 Nevertheless, the legislature has elected to attach disparate penalties to attempts to influence the conduct of governmental units when compared with simply causing action by an emergency response agency. See Utah Code Ann. § 76-5-107(2)(a), (c) (2008) (current version at id. § 76-5-107.3(2) (Supp. 2011)) (classifying a threat to influence the conduct of government as a second degree felony and a threat to cause action by an emergency agency as a class B misdemeanor). Compare id. § 76-3-203(2) (2008) (imposing a prison term of one to fifteen years for a second degree felony), with id. § 76-3-204(2) (punishing class B misdemeanors with a maximum prison term of six months). It thus seems reasonable to conclude that the greater penalty was reserved for threats aimed at something broader and more significant in terms of governmental functioning than the on-the-ground handling of the emergency itself. See generally id. § 76-1-106 (requiring provisions of the code to "be construed according to the fair import of their terms to promote justice and to effect the objects of the law and general purposes"); id. § 76-1-104(3) (including, as one of the purposes of the criminal code, the "[p]rescri[ption of] penalties which are proportionate to the seriousness of the offenses").
¶ 26 For this reason, it makes sense to charge as a misdemeanor, for example, a person's threat to set his house on fire unless the voluntary fire department stays off the property or parks the fire trucks around the corner. In this context, the threat only seeks action within the purview of the emergency response itself, that is, the tactical, on-the-ground decisions of how the agency will deal with this particular emergency. But when the object of a threat goes beyond the immediate tactical decisions of the emergency and is targeted at the kind of decisions that fall within the more expansive authority and responsibility of a "government or unit of government," then the threat moves over the line from misdemeanor to felony. While the line we limn remains somewhat imprecise, it nevertheless serves the canonical purpose of "affording each provision a meaningful purpose and separating convoluted statutes with a meaningful distinction," see State v. Jeffries, 2009 UT 57, ¶ 9, 217 P.3d 265. For purposes of this decision then, we accept, without deciding, the proposition that had Graham limited his demands to the sheriff's deputies staying off his property, he might only be subject to conviction for a class B misdemeanor.
¶ 27 Here, Graham demanded, under the implicit threat of violence, that the officers entirely abandon their public responsibility by departing the scene without arresting him for any domestic violence crimes committed within the home or any criminal aspects of the armed stand-off and without ensuring that Graham was emotionally stable and no longer a potential threat to himself or the safety of his immediate family, the neighbors, or the broader community. As further assurance that there would be no
¶ 28 Graham also challenges his conviction for domestic violence in the presence of a child. A person is guilty of domestic violence in the presence of a child if he "uses a dangerous weapon ... against a cohabitant, in the presence of a child." Utah Code Ann. § 76-5-109.1(2)(b) (2003) (current version at id. (Supp. 2011)). Graham argues that his conviction must be reversed because "the State failed to prove every element of the offense of domestic violence in the presence of a child, a third-degree felony, to wit: that he used a dangerous weapon." (Second emphasis added.) To support this contention, Graham asserts that the only information before the jury upon which it could have based a conclusion that he "used" a dangerous weapon was that he was in possession of two guns during the course of the events. According to Wife's own testimony, Graham never pointed a gun at her or the children. Wife also testified that Graham did not overtly threaten to shoot her or to otherwise use a gun against her. Graham argues that he therefore did not "use" a weapon as the statute requires because the plain meaning of the word "use" requires active employment of the firearm. At the very minimum, he asserts that "use" requires something more than mere possession—for instance an explicit threat, by word, action, or gesture.
¶ 29 In previous decisions, we have held that possession amounted to "use" where the facts of the case indicated that the presence of the weapon was intended to cause fear. For example, in In re R.G.B., 597 P.2d 1333 (Utah 1979), the Utah Supreme Court affirmed the defendant's conviction for aggravated robbery despite the fact that the defendant had only lifted his shirt to reveal a handgun tucked into his pants because "it is not necessary that the State prove that the robber actually pointed a gun at the victim.... If merely exhibiting the gun creates fear in the victim, it constitutes `use of a [dangerous weapon]' for that purpose." Id. at 1335. In State v. Weisberg, 2002 UT App 434, 62 P.3d 457, this court relied on the reasoning of In re R.G.B. to affirm a defendant's conviction for felony stalking where the defendant "used" a shotgun when he moved it from the front seat of his vehicle to the trunk under circumstances where it could reasonably be inferred that he both knew that the victim would likely observe his actions and intended that she be intimidated. See id. ¶¶ 10, 16-17. The defendant appealed, arguing that the trial court failed to instruct the jury that use of a dangerous weapon required "`active employment' of the weapon." See id. ¶ 15. We held that a weapon is used "even if it [wa]s never actually pointed at the victim, so long as 'exhibiting the [weapon] creates fear in the victim.'" Id. ¶ 17 (quoting In re R.G.B., 597 P.2d at 1335). We reasoned that the defendant created such fear when he parked his car outside the victim's office window, then "removed a pistol-grip shotgun from the passenger compartment [of his car by] .... lift[ing] the shotgun ... with the pistol-grip in his right hand and the barrel in his left hand," and, while looking into the window, walked towards the building before turning to place the shotgun in his trunk. See id. ¶¶ 3, 9-10.
¶ 30 In evaluating the sufficiency of the evidence, an appellate court considers the evidence and the inferences that may reasonably be drawn from that evidence to determine whether there is a basis upon which a jury could find the defendant guilty beyond a reasonable doubt. See State v. Pedersen, 2010 UT App 38, ¶ 12, 227 P.3d 1264, cert. denied, 238 P.3d 443 (Utah 2010). "[A] sufficiency of the evidence inquiry ends if there is some evidence, including reasonable inferences, from which findings of all the requisite elements of the crime can reasonably be made." State v. Gardner, 2007 UT 70, ¶ 26, 167 P.3d 1074 (internal quotation marks omitted). The only question before us is whether there was a basis in the evidence for the jury to find that Graham "used" the firearms. In other words, we must decide whether there was sufficient evidence from which the jury could have concluded that he exhibited the weapons in a manner that caused fear in Wife. We conclude that there was.
¶ 31 Wife testified that she was very afraid of Graham because of his prior threats to "hurt [her] and dispose of [her] body." This fear intensified when she saw that Graham had armed himself with guns, something that she testified he had never done during an argument. A defense witness corroborated Wife's statements, testifying that although she had seen Graham with a gun previously, she had never seen him armed during an argument. Indeed, the bishop testified that Wife had told him that Graham had threatened to kill her and the children and that it was Wife's fear of imminent danger that caused him to immediately contact the police department. The officers who responded to the home also indicated that Wife appeared
¶ 32 The fact that the evidence may be in conflict does not undermine its sufficiency to support the finding. It is within the province of the jury, as the finder of fact, to make credibility determinations. See Child v. Gonda, 972 P.2d 425, 433 (Utah 1998); see also State v. Robbins, 2009 UT 23, ¶ 16, 210 P.3d 288 (observing that appellate courts generally must accept the jury's credibility determinations). So long as the evidence supporting the jury's findings is not so "inconclusive or inherently improbable ... that reasonable minds must have entertained a reasonable doubt," we will affirm its verdict. See Robbins, 2009 UT 23, ¶ 14, 210 P.3d 288. Because we have determined that there was sufficient evidence for the jury to find that Graham used the gun, and none of the other elements are contested, we affirm the conviction for domestic violence in the presence of a child.
¶ 33 Graham's threats to harm the officers responding to reports of domestic violence at his home were intended to influence or affect the conduct of government because they were targeted at the discretionary functions of government, namely the decisions about who, when, and how to charge with criminal offenses. Consequently, we uphold his conviction for felony terroristic threat. In addition, there was sufficient evidence from which the jury could conclude that Graham "used" a dangerous weapon against Wife in the presence of their children. Graham's conviction for domestic violence in the presence of a child is therefore affirmed.
¶ 34 WE CONCUR: CAROLYN B. McHUGH, Associate Presiding Judge and WILLIAM A. THORNE JR., Judge.
The only other statute that we could locate that includes both the "influence" the conduct of government and "cause action" by any agency organized to deal with emergencies language is from Texas. Under the Texas Penal Code, one is guilty of a class B misdemeanor terroristic threat if "he threatens to commit any offense involving violence to any person or property with intent to[] cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies" and a third degree felony terroristic threat if he makes such a threat to "influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state." Tex. Penal Code Ann. § 22.07(a)(1), (6), (b), (e) (Vernon, Westlaw through first called session of 82nd legislature) (emphases added). We have not located any Texas appellate court decisions interpreting this language.
Id. (alteration and omission in original) (emphasis added) (quoting N.Y. Penal Law § 490.20(1) (McKinney, Westlaw through 2011 legislature)). Although the defendant argued that "his conduct was not what the Legislature had in mind when it enacted th[e] statute after the terroristic attacks of September 11, 2001, and he should not [therefore] be labeled a terrorist," the Jenner court upheld the defendant's conviction, stating that his threat "was intended to intimidate or coerce public employees to influence DSS's policy regarding contact between children and sex offenders" and the defendant's intention in making the threat was to interfere with this policy. See id. The Utah statute, while not including New York's policy-focused language, proscribes nearly identical threats. Compare Utah Code Ann. § 76-5-107(1)(b)(i) (2008) (criminalizing threats intended "to influence or affect the conduct of ... a unit of government"), with N.Y. Penal Law § 490.20(1) (proscribing threats intended to "affect the conduct of the unit of government"). Many states adopted similar language in creating anti-terrorism statutes following September 11, 2001, although we have located no cases where the pertinent language is interpreted. See, e.g., Ark. Code Ann. § 5-54-203(a) (West, Westlaw through 2011 regular session) (prohibiting certain threats intended to "influence the policy of a government or a unit of government"); Kan. Stat. Ann. § 21-5421(a)(2)-(3) (West, Westlaw through 2010 regular session) (prohibiting certain acts intended to "influence government policy... or affect the operation of any unit of government"); Mich. Comp. Laws § 750.543b(a)(iii) (West, Westlaw through P.A. 2011, No. 132, of the 2011 regular session) (prohibiting certain acts intended to "influence or affect the conduct of government or a unit of government"); N.J. Stat. Ann. § 2C:38-2(a), (c) (West, Westlaw through 2011 legislation) (prohibiting certain acts or threats intended to "influence the policy or affect the conduct of government"). It is worth noting, however, that nothing in the legislative history indicates that Utah modeled its statute on a particular state's version.
In light of the ambiguous nature of this statute, the legislature may wish to consider revisiting the statutory language to clarify the circumstances under which a threat described by the terroristic threat statute can be charged as either a felony or a misdemeanor. In addition, the legislature may want to take this opportunity to correct what appears to be an oversight in the current statute. While the prior version of the statute made a threat intended "to cause action of any nature by an official or volunteer agency organized to deal with emergencies" a class B misdemeanor, see Utah Code Ann. § 76-5-107(1)(b)(ii), (2)(c) (2008), the amended version prohibits the act but fails to attach any penalty to a violation, see id. § 76-5-107.3(1)(b)(iii), (2) (Supp. 2011).