(a) Any person who commits domestic terrorism shall be guilty of a felony and upon conviction thereof shall be punished as follows:
(1) If death results to any individual, by death, by imprisonment for life without parole, or by imprisonment for life;
(2) If kidnapping occurs, by imprisonment for not less than 15 nor more than 35 years, or by imprisonment for life;
(3) If serious bodily harm occurs, by imprisonment for not less than 15 nor more than 35 years; or
(4) If critical infrastructure, a state or government facility, or a public transportation system is disabled or destroyed, by imprisonment for not less than five nor more than 35 years.
(b) No sentence imposed under this Code section shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may suspend, stay, probate, defer, or withhold part of such sentence when the prosecuting attorney and the defendant have agreed to such sentence.
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