76-8-316 - Influencing, impeding, or retaliating against a judge or member of the Board of Pardons and Parole.
76-8-316. Influencing, impeding, or retaliating against a judge or member of theBoard of Pardons and Parole.
(1) A person is guilty of a third degree felony if the person threatens to assault, kidnap, ormurder a judge or a member of the Board of Pardons and Parole with the intent to impede,intimidate, or interfere with the judge or member of the board while engaged in the performanceof the judge's or member's official duties or with the intent to retaliate against the judge ormember on account of the performance of those official duties.
(2) A person is guilty of a second degree felony if the person commits an assault on ajudge or a member of the Board of Pardons and Parole with the intent to impede, intimidate, orinterfere with the judge or member of the board while engaged in the performance of the judge'sor member's official duties, or with the intent to retaliate against the judge or member on accountof the performance of those official duties.
(3) A person is guilty of a first degree felony if the person commits aggravated assault orattempted murder on a judge or a member of the Board of Pardons and Parole with the purpose toimpede, intimidate, or interfere with the judge or member of the board while engaged in theperformance of the judge's or member's official duties or with the purpose to retaliate against thejudge or member on account of the performance of those official duties.
(4) As used in this section:
(a) "Immediate family" means parents, spouse, surviving spouse, children, and siblingsof the officer.
(b) "Judge" means judges of all courts of record and courts not of record and courtcommissioners.
(c) "Judge or member" includes the members of the judge's or member's immediatefamily.
(d) "Member of the Board of Pardons and Parole" means appointed members of theboard.
(5) A member of the Board of Pardons and Parole is an executive officer for purposes ofSubsection 76-5-202(1)(m).
Amended by Chapter 12, 2008 General Session