Compounding a Crime

1. Law
2. Georgia Code
3. Crimes and Offenses
4. Offenses Against Public Administration
5. Offenses Related to Judicial and Other Proceedings
6. Compounding a Crime

1. A person commits the offense of compounding a crime when, after institution of criminal proceedings and without leave of the court or of the prosecuting attorney of the court where the criminal proceedings are pending, he accepts or agrees to accept any benefit in consideration of a promise, express or implied, not to prosecute or aid in the prosecution of a criminal offense.
2. A person convicted of the offense of compounding a crime which is a felony shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. A person convicted of the offense of compounding a crime which is a misdemeanor is guilty of a misdemeanor.

(Laws 1833, Cobb's 1851 Digest, p. 808; Code 1863, § 4385; Code 1868, § 4423; Code 1873, § 4491; Code 1882, § 4491; Penal Code 1895, § 323; Penal Code 1910, § 328; Code 1933, § 26-4603; Code 1933, § 26-2504, enacted by Ga. L. 1968, p. 1249, § 1.)

Cross references.

- Agreements relating to compensation of person injured by tort which constitutes a crime, § 51-11-20.

JUDICIAL DECISIONS

Relation to underlying crime.

- Offense of compounding a crime is separate and apart from the underlying offense, and is not, per se, based upon the successful prosecution of the offense attempted to be compounded. If, on the date of the consummated agreement to conceal the crime, or abstain from prosecution, or to withhold evidence, the underlying criminal proceedings have been instituted, and are then pending, and the unlawful agreement is reached, the offense is complete. State v. Reese, 184 Ga. App. 413, 361 S.E.2d 507 (1987).

It is immaterial that compounding may have been done in good faith. Hays v. State, 15 Ga. App. 386, 83 S.E. 502 (1914).

It is unnecessary to constitute the offense of compounding a crime that consideration shall accrue to defendant; it may be for benefit of another. Hays v. State, 15 Ga. App. 386, 83 S.E. 502 (1914).

When consideration does not appear in written agreement, actual agreement may be inquired into. Hays v. State, 15 Ga. App. 386, 83 S.E. 502 (1914).

Conviction of compounding a felony requires proof of commission of felony compounded. Hays v. State, 142 Ga. 592, 83 S.E. 236 (1914).

OPINIONS OF THE ATTORNEY GENERAL

Maintenance of records by Georgia Crime Information Center regarding violations of provisions concerning compounding a crime, see 1976 Op. Att'y Gen. No. 76-33.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15B Am. Jur. 2d, Compounding Crimes, § 1 et seq.

C.J.S.

- 15A C.J.S., Compounding Offenses, § 1 et seq.

ALR.

- Innocence of the person threatened as affecting the rights or remedies in respect of contracts made, or money paid, to prevent or suppress a criminal prosecution, 17 A.L.R. 325.

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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