2010 Georgia Code
O.C.G.A. 16-10-32 (2010)
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION
ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES
§ 16-10-32 - Attempted murder or threatening of witnesses in official proceedings
16-10-32. Attempted murder or threatening of witnesses in official proceedings
(a) Any person who attempts to kill another person with intent to:
(1) Prevent the attendance or testimony of any person in an official proceeding;
(2) Prevent the production of a record, document, or other object, in an official proceeding; or
(3) Prevent the communication by any person to a law enforcement officer, prosecuting attorney, or judge of this state of information relating to the commission or possible commission of a criminal offense or a violation of conditions of probation, parole, or release pending judicial proceedings
shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years.
(b) Any person who threatens or causes physical or economic harm to another person or a member of such person's family or household, threatens to damage or damages the property of another person or a member of such person's family or household, or attempts to cause physical or economic harm to another person or a member of such person's family or household with the intent to hinder, delay, prevent, or dissuade any person from:
(1) Attending or testifying in an official proceeding;
(2) Reporting in good faith to a law enforcement officer, prosecuting attorney, or judge of a court of this state, or its political subdivisions or authorities, the commission or possible commission of an offense under the laws of this state or a violation of conditions of probation, parole, or release pending judicial proceedings;
(3) Arresting or seeking the arrest of another person in connection with a criminal offense; or
(4) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding
shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than ten years or by a fine of not less than $10,000.00 nor more than $25,000.00, or both.
(c)(1) For the purposes of this Code section, the term "official proceeding" means any hearing or trial conducted by a court of this state or its political subdivisions, a grand jury, or an agency of the executive, legislative, or judicial branches of government of this state or its political subdivisions or authorities.
(2) An official proceeding need not be pending or about to be instituted at the time of any offense defined in this Code section.
(3) The testimony, record, document, or other object which is prevented or impeded or attempted to be prevented or impeded in an official proceeding in violation of this Code section need not be admissible in evidence or free of a claim of privilege.
(4) In a prosecution for an offense under this Code section, no state of mind need be proved with respect to the circumstance:
(A) That the official proceeding before a judge, court, magistrate, grand jury, or government agency is before a judge or court of this state, a magistrate, a grand jury, or an agency of state or local government; or
(B) That the judge is a judge of this state or its political subdivisions or that the law enforcement officer is an officer or employee of the State of Georgia or a political subdivision or authority of the state or a person authorized to act for or on behalf of the State of Georgia or a political subdivision or authority of the state.
(5) A prosecution under this Code section may be brought in the county in which the official proceeding, whether or not pending or about to be instituted, was intended to be affected or in the county in which the conduct constituting the alleged offense occurred.
(d) Any crime committed in violation of subsection (a) or (b) of this Code section shall be considered a separate offense.
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