When a threat becomes a more serious crime

(1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening: (a) By threatening another person on more than one occasion for the same or a similar purpose; (b) By threats made in a common scheme against different persons; (c) Against a public servant arising out of the performance of the public servant's official duties. For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker or protective services worker. "Educational worker" and "protective services worker" have the same meanings as defined in section 707-711; (d) Against any emergency medical services provider who is engaged in the performance of duty. For purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital; (e) With the use of a dangerous instrument or a simulated firearm. For purposes of this section, "simulated firearm" means any object that: (i) Substantially resembles a firearm; (ii) Can reasonably be perceived to be a firearm; or (iii) Is used or brandished as a firearm; or (f) By threatening a person who: (i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or (ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order. (2) Terroristic threatening in the first degree is a class C felony; provided that terroristic threatening in the first degree is a class B felony if committed with a firearm as defined in section 134-1, whether the firearm was loaded or not, and whether operable or not, or a simulated firearm, while in one of the locations or premises listed in section 134-9.1(a).