710-1031 Intimidating a correctional worker. (1) A person commits the offense of intimidation of a correctional worker if the person uses force upon or a threat of force directed to a correctional worker, or the correctional worker's immediate family, with intent to influence such worker's conduct, decision, action or abstention from action as a correctional worker.

(2) "Correctional worker", as used in this section means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole.

(3) "Threat" as used in this section means any threat proscribed by section 707-764(1).

(4) Intimidation of a correctional worker is a class B felony. [L 1974, c 196, 1; am L 1980, c 267, 1; gen ch 1993]

 

COMMENTARY ON 710-1031

 

Act 196, Session Laws 1974, added this section "to provide class B felony sanctions against those persons who, by threat of harm directed to a correctional worker or his immediate family, intend to influence or deter the correctional worker in performing his duties." House Standing Committee Report No. 731-74.

The Committee Report further states: "Your Committee notes that under the present law, threatening correctional personnel would be a violation of 707-715 of the Penal Code entitled 'Terroristic threatening', a misdemeanor, or 707-724 of the Penal Code entitled 'Criminal coercion', a class C felony. Your Committee believes that the nature of the crime is such that it should be classified as a class B felony."

 

 

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