(Effective January 1, 2021) Bias Motivated Intimidation of First Responders; Prosecution and Penalty

1. Law
2. Georgia Code
3. Law Enforcement Officers and Agencies
4. Employment and Training of Peace Officers
5. (Effective January 1, 2021) Bias Motivated Intimidation of First Responders; Prosecution and Penalty

1. As used in this Code section, the term "first responder" means any firefighter of a municipal, county, or volunteer fire department, a peace officer as defined in Code Section 35-8-2, and an emergency medical technician as defined in Code Section 16-10-24.2.
2. A person commits the offense of bias motivated intimidation when such person maliciously and with the specific intent to intimidate, harass, or terrorize another person because of that person's actual or perceived employment as a first responder:
   1. Causes death or serious bodily harm to another person; or
   2. Causes damage to or destroys any real or personal property of a person because of actual or perceived employment as a first responder without permission and the amount of the damage exceeds $500.00 or the value of the property destroyed exceeds $500.00.
3. Any person that violates subsection (b) of this Code section shall be guilty of the offense of bias motivated intimidation and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $5,000.00, or both.
4. Each violation of this Code section shall constitute a separate offense and shall not merge with any other crime.
5. A sentence imposed under this Code section shall run consecutively to any sentence for any other offense related to the act or acts establishing an offense under this Code section.
6. Charges of violating subsection (b) of this Code section shall not be prosecuted by way of an accusation but only by indictment or special presentment by a grand jury.

(Code 1981, §35-8-7.4, enacted by Ga. L. 2020, p. 671, § 6/HB 838.)

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