1. (1) As used in this section:

   1. (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.
   2. (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. (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:

   1. (a)

      1. (i) is an agent of a foreign government or an agent of a foreign terrorist organization; or
      2. (ii) acted at the direction, request, command, or otherwise under the influence of, a foreign government or foreign terrorist organization; and

   2. (b) committed the criminal offense with the intent to:

      1. (i)

         1. (A) cause an individual to act on behalf of a foreign government or foreign terrorist organization;
         2. (B) cause an individual to leave the United States or cause another individual to leave the United States; or
         3. (C) compel the victim to do any other act against the victim's will; or
      2. (ii) compel the victim to refrain from doing any act against the victim's will.

3. (3) For an offense described in Subsection (2), the actor may be charged as follows:

   1. (a) for a class C misdemeanor, as a class B misdemeanor;
   2. (b) for a class B misdemeanor, as a class A misdemeanor;
   3. (c) for a class A misdemeanor, as a third degree felony;
   4. (d) for a third degree felony, as a second degree felony; and
   5. (e) for a second degree felony, as a first degree felony.

Enacted by Chapter 211, 2026 General Session