Title 16, Chapter 10, Section 93
( 16-10-93)
(a) A person who, with intent to deter a witness from testifying
freely, fully, and truthfully to any matter pending in any court, in
any administrative proceeding, or before a grand jury, communicates,
directly or indirectly, to such witness any threat of injury or
damage to the person, property, or employment of the witness or to
the person, property, or employment of any relative or associate of
the witness or who offers or delivers any benefit, reward, or
consideration to such witness or to a relative or associate of the
witness shall, upon conviction thereof, be punished by imprisonment
for not less than one nor more than five years. (b)(1) It shall be unlawful for any person knowingly to use
intimidation, physical force, or threats; to persuade another
person by means of corruption or to attempt to do so; or to engage
in misleading conduct toward another person with intent to: (A) Influence, delay, or prevent the testimony of any person in
an official proceeding; (B) Cause or induce any person to: (i) Withhold testimony or a record, document, or other object
from an official proceeding; (ii) Alter, destroy, mutilate, or conceal an object with
intent to impair the object's integrity or availability for
use in an official proceeding; (iii) Evade legal process summoning that person to appear as a
witness or to produce a record, document, or other object in
an official proceeding; or (iv) Be absent from an official proceeding to which such
person has been summoned by legal process; or (C) Hinder, delay, or prevent the communication 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. (2) Any person convicted of a violation of this subsection shall
be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than two nor more than ten
years or by a fine of not less than $10,000.00 nor more than
$20,000.00, or both. (3)(A) 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. (B) An official proceeding need not be pending or about to be
instituted at the time of any offense defined in this
subsection.
(C) 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. (D) In a prosecution for an offense under this Code section, no
state of mind need be proved with respect to the circumstance: (i) 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 (ii) 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. (E) 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. (c) Any crime committed in violation of subsection (a) or (b) of
this Code section shall be considered a separate offense. |