2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 10 - Offenses Against Public Administration
Article 2 - Obstruction of Public Administration and Related Offenses
§ 16-10-24. Obstructing or Hindering Law Enforcement Officers

1. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties shall be guilty of a misdemeanor.
2. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years.
3. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years.
4. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.

(Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, § 4370; Ga. L. 1865-66, p. 233, § 2; Code 1868, § 4408; Code 1873, § 4476; Code 1882, § 4476; Penal Code 1895, § 306; Penal Code 1910, § 311; Code 1933, § 26-4401; Code 1933, § 26-2505, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1986, p. 484, § 1; Ga. L. 2015, p. 422, § 5-22/HB 310; Ga. L. 2017, p. 500, § 3-4/SB 160; Ga. L. 2019, p. 808, § 7/SB 72.)

The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor."; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d).

The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c).

- Interference with arrest by conservation officer, § 27-1-25.

State-wide alert system established, § 35-3-191.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"

- For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001). For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004). For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 511 (2006). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 89 (2017). For comment on Westin v. McDaniel, 760 F. Supp. 1563 (M.D. Ga. 1991), cited below, see 43 Mercer L. Rev. 1345 (1992).

ANALYSIS

• General Consideration
• Lawful Discharge of Official Duties
• Knowledge
• Application
• Jury Instructions

Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. § 16-10-24. See 1976 Op. Att'y Gen. No. 76-33.

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Obstructing Justice, § 52 et seq.

Excessive Force by Police Officer, 21 POF3d 685.

- 67 C.J.S., Obstructing Justice or Governmental Administration, §§ 4, 18.

- Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 1290.

Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC § 111], 10 A.L.R.3d 833.

Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146.

What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018.

Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281.

Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83.

Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623.

What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397.

Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597.

Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89.