§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."