(a) No person shall communicate a threat to use a weapon of mass destruction, knowing that the threat is likely to cause: (1) evacuation of a building, place of assembly, or facility of public transport; or(2) a person to fear serious bodily injury.(b) A person who violates this section shall:(1) For a first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both.(2) For a second or subsequent offense, be imprisoned for not more than five years or fined not more than $10,000.00, or both.(c) It shall not be a defense to a prosecution under this section that the defendant did not have the capability or means of committing the specified offense or that the threat was not made to a person who was a subject thereof. The foregoing shall not impair a defendant's right to assert a defense based upon insanity or diminished capacity.(d) Nothing in this section shall be construed to limit or restrict prosecution under any other applicable laws.Added 2001, No. 137 (Adj. Sess.), § 3.