Ga. Code § 16-10-34

Current through 2023-2024 Legislative Session Chapter 353
Section 16-10-34 - Use of laser devices against law enforcement officer
(a) 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.
(b) 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:
(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2;
(B) An employee with the power of arrest by the Department of Corrections;
(C) An employee with the power of arrest by the State Board of Pardons and Paroles;
(D) A community supervision officer or other employee with the power of arrest by the Department of Community Supervision;
(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
(F) 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.
(c) Any person who violates subsection (b) of this Code section shall be guilty of a high and aggravated misdemeanor.
(d) 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.
(e) 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.

OCGA § 16-10-34

Amended by 2015 Ga. Laws 73,§ 5-24, eff. 7/1/2015.
Added by 2012 Ga. Laws 754,§ 1, eff. 7/1/2012.