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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 10. OFFENSES AGAINST PUBLIC ADMINISTRATION · Article 2. OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES

16-10-33. Removal or attempted removal of weapon from public official; punishment.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    For the purposes of this Code section, the term ‘‘firearm’’ shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.#

  2. (b)

    It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:#

    1. (1)

      The other person is lawfully acting within the course and scope of employment; and#

    2. (2)

      The person has knowledge or reason to know that the other person is employed as:#

      1. (A)

        A peace officer as defined in paragraph (8) of Code Section 35-8-2;#

      2. (B)

        An employee with the power of arrest by the Department of Corrections;#

      3. (C)

        An employee with the power of arrest by the State Board of Pardons and Paroles;#

      4. (D)

        A community supervision officer or other employee with the power of arrest by the Department of Community Supervision;#

      5. (E)

        A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or#

      6. (F)

        A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department’s programs and facilities.#

  3. (c)

    Any person who violates subsection (b) of this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.#

  4. (d)

    A violation of this Code section shall constitute a separate offense. A sentence imposed under this Code section may be imposed separately from and consecutive to or concurrent with a sentence for any other offense related to the act or acts establishing the offense under this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-10-33, enacted by Ga. L. 2000, p. 1267, § 1; Ga. L. 2001, p. 4, § 16; Ga. L. 2011, p. 503, § 1/HB 123; Ga. L. 2015, p. 422, § 5-23/HB 310.

Editor's notes

Ga. L. 2011, p. 503, § 2/HB 123, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to offenses committed on or after July 1, 2011. 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.

Law reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, pages 687 to 688; merge action: carried; file SHA-256 5985d65f23ef.