Use of Laser Devices Against Law Enforcement Officer

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Against Public Administration
  5. Obstruction of Public Administration and Related Offenses
  6. Use of Laser Devices Against Law Enforcement Officer

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  1. For purposes of this Code section, the term "laser device" means a device designed to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. Such term also means a device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or other means or that emits light which simulates the appearance of a beam of light.
  2. It shall be unlawful for any person to knowingly and intentionally project upon a law enforcement officer any laser device without such officer's permission if:
    1. The law enforcement officer is lawfully acting within the course and scope of employment; and
    2. The person has knowledge or reason to know that the law enforcement officer is employed as:
      1. A peace officer as defined in paragraph (8) of Code Section 35-8-2;
      2. An employee with the power of arrest by the Department of Corrections;
      3. An employee with the power of arrest by the State Board of Pardons and Paroles;
      4. A community supervision officer or other employee with the power of arrest by the Department of Community Supervision;
      5. 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. A juvenile correctional officer or juvenile probation 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. Any person who violates subsection (b) of this Code section shall be guilty of a high and aggravated misdemeanor.
  4. It shall not be a defense to a prosecution for a violation of this Code section that the laser device was pointed at such officer through a glass, window, or other transparent or translucent object.
  5. Each 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.

(Code 1981, §16-10-34, enacted by Ga. L. 2012, p. 1142, § 1/SB 441; Ga. L. 2015, p. 422, § 5-24/HB 310.)

Editor's notes.

- Ga. L. 2012, p. 1142, § 3/SB 441, not codified by the General Assembly, provides that this Code section applies to offenses committed on or after July 1, 2012.

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).

JUDICIAL DECISIONS

Cited in State v. Freeman, 349 Ga. App. 94, 825 S.E.2d 538 (2019).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Misdemeanor offenses arising under O.C.G.A. § 16-10-34 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.

ARTICLE 3 ESCAPE AND OTHER OFFENSES RELATED TO CONFINEMENT

RESEARCH REFERENCES

ALR.

- What constitutes offense of obstructing or resisting officer, 48 A.L.R. 746.

Charge of harboring or concealing or assisting one charged with crime to avoid arrest, predicated upon financial assistance, 130 A.L.R. 150.

When statute of limitation begins to run on charge of obstructing justice or of conspiracy to do so, 77 A.L.R.3d 725.


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