Title 16, Chapter 10, Section 32
( 16-10-32)
(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. |