History. Laws 1833, Cobb’s 1851 Digest, p. 806.; Code 1863, § 4370; Ga. L. 1865-66, p. 233, § 2; Code 1868, § 4408; Code 1873, § 4476; Code 1882, § 4476; Penal Code 1895, § 306; Penal Code 1910, § 311; Code 1933, § 26-4401; Code 1933, § 26-2505, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1986, p. 484, § 1; Ga. L. 2015, p. 422, § 5-22/HB 310; Ga. L. 2017, p. 500, § 3-4/SB 160; Ga. L. 2019, p. 808, § 7/SB 72.
The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: “Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.”; in subsection (b), in the first sentence, inserted “jailer,” near the beginning, substituted “person shall be guilty” for “person is guilty” in the middle, inserted “a first” and inserted “year” near the end, and added the second and third sentences; and added subsections (c) and (d).
The 2019 amendment, effective July 1, 2019, substituted “game warden” for “conservation ranger” in subsections (a), (b), and (c).
Cross references.
Interference with arrest by conservation officer, § 27-1-25 .
State-wide alert system established, § 35-3-191 .
Editor’s notes.
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.
Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Back the Badge Act of 2017.’ ”
Law reviews.
For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B.J. 8 (2001).
For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004).
For article, “Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law,” see 57 Mercer L. Rev. 511 (2006).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 89 (2017).
For comment on Westin v. McDaniel, 760 F. Supp. 1563 (M.D. Ga. 1991), cited below, see 43 Mercer L. Rev. 1345 (1992).
Structure Georgia Code
Title 16 - Crimes and Offenses
Chapter 10 - Offenses Against Public Administration
Article 2 - Obstruction of Public Administration and Related Offenses
§ 16-10-20.1. Filing False Documents
§ 16-10-21. Conspiracy to Defraud State or Political Subdivision
§ 16-10-23. Impersonating a Public Officer or Employee
§ 16-10-24. Obstructing or Hindering Law Enforcement Officers
§ 16-10-24.1. Obstructing or Hindering Firefighters
§ 16-10-24.3. Obstructing or Hindering Persons Making Emergency Telephone Calls
§ 16-10-24.4. Obstructing or Hindering Park Ranger
§ 16-10-25. Giving False Name, Address, or Birthdate to Law Enforcement Officer
§ 16-10-26. False Report of a Crime
§ 16-10-27. Transmitting False Report of Fire
§ 16-10-28. Transmitting a False Public Alarm; Restitution
§ 16-10-29. Request for Ambulance Service When Not Reasonably Needed
§ 16-10-30. Refusal to Obey Official Request at Fire or Other Emergency
§ 16-10-31. Concealing Death of Another Person
§ 16-10-32. Attempted Murder or Threatening of Witnesses in Official Proceedings
§ 16-10-33. Removal or Attempted Removal of Weapon From Public Official; Punishment
§ 16-10-34. Use of Laser Devices Against Law Enforcement Officer