Title 45, Chapter 11, Section 1
( 45-11-1)
(a) If any public officer or other person shall steal, embezzle,
alter, corrupt, withdraw, falsify, or avoid any record, process,
charter, gift, grant, conveyance, or contract; or shall knowingly
and willfully take off, discharge, or conceal any issue, forfeited
recognizance, or other forfeiture; or shall forge, deface, or
falsify any document or instrument recorded or any registry,
acknowledgment, or certificate; or shall alter, deface, or falsify
any minutes, document, book, or any proceeding whatever of or
belonging to any public office within this state; or if any person
shall cause or procure any of these offenses to be committed, or to
be in any manner concerned therein, he shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment and
labor in the penitentiary for not less than two years nor more than
ten years. (b) Whosoever, without authority and with the intention of
converting to his own or another's use, willfully conceals any
record, book, or document while on the premises of any public office
or willfully removes any book, document, record, or other property
from any such office shall be guilty of stealing such property.
Proof of the concealment of such record or other office property
while still on the premises shall be prima-facie evidence of intent
to steal. (c) A public officer or employee may detain and question any person
whose conduct causes reasonable ground for suspicion that such
person is engaging in stealing or criminal damage to the records in
a public office. (d) A public officer or employee causing the arrest or detention of
any person pursuant to this Code section shall not be held civilly
liable for slander, malicious prosecution, false imprisonment,
malicious arrest, assault and battery of the person, physical
injuries and mental suffering, or any other suit for damages arising
from such arrest, whether such arrest takes place on the public
property or after close pursuit from such premises by such officer;
provided, however, that, in causing the arrest of such person, the
officer or employee had probable cause at the time of such arrest to
believe that the person was committing unlawful acts relating to
public documents and the arrest and detention were under reasonable
circumstances. (e) As used in this Code section, the term: (1) "Records, books, documents, or other office property" means,
but is not limited to, all books, plates, pictures, photographs,
films, engravings, paintings, drawings, maps, newspapers,
magazines, pamphlets, broadsides, personal papers, organization
records, documents, letters, public records, microforms, sound
recordings, audiovisual materials in any format, magnetic or other
tapes, electronic data processing records, artifacts, or other
documentary, written, or printed material, regardless of physical
form or characteristics, belonging to, on loan to, or otherwise in
the custody of any public office; (2) "Public office" means any office held, used, or controlled for
public purposes by any department, agency, board, or branch of
state, county, or municipal government without reference to the
ownership of the building or of the realty on which it is
situated. Such term includes any archives, library, or records
storage area maintained by such governments; (3) "Avoid" means to annul, cancel, make void, destroy the
efficacy of, or destroy without authority any record, book,
document, or other office property; (4) "Public officer or employee" means any officer or employee
having custody of or responsibility for any records, books,
documents, or other office property referred to in this Code
section. |