GA Special Grand Jury Report
GA Special Grand Jury Report
GA Special Grand Jury Report
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Judge Robert C.I. McBurney
Superior Court of Fulton County
‘Atlanta Judicial Circuit
1
EXHIBIT A
to Order of 8 September 2023
2022-EX-000024
| 1 SPECIAL PURPOSE GRAND JURY REPORT
2
3 This Special Purpose Grand Jury (herein referred to as “the Grand Jury”) was
4 impaneled pursuant to an Order dated January 24, 2022 by Christopher S. Brasher,
5 Chief Judge of the Superior Court of Fulton County, Atlanta Judicial Circuit. The
6 Grand Jury consisted of twenty-six Fulton County residents, three of whom were
7 alternates. On any day testimony was received ordeliberations were had, the number
8 ofjurors present ranged between sixteen and twenty-four as availability allowed.
9 Pursuantto statute,if we had our needed quorumofsixteen jurors preset, we could
10 do business with that
1 “The Grand Jury was impaneled to investigate a specific issue: the facts and
12 circumstances relating directlyorindirectly to possibleattempts odisrupt the lawful
13 administrationof the 2020 presidential elections in the State of Georgia
14 “This Grand Jury was selected on May 27%, 2022 and first heard evidence on
15 June 1% 2022. We continued to hear evidence and receive information into
16 December 2022. The Grand Jury received evidence from or involving 75 witnesses
17 during the course of this investigation, the overwhelming majority of which
18 information was delivered in person under oath. The Grand Jury also received
19. information in the form of investigator testimony and various forms of digital and
] 20 physical media. Pursuant to Georgia law, a team of assistant district attorneys
21 provided the Grand Jury with applicable statutes and procedures. Any
22 recommendation set out herein is the sole conclusionofthe Grand Jury based on
| 23 testimony presented, facts received, andourdeliberations
2 Following is the final report of the Special Purpose Grand Jury. We set forth
25 for the Court our recommendations on indictments and relevant statutes, including
J 26 the votes by the Grand Jurors. This includes the votes respective to each topic,
27 indicated in a "Yea/Nay/Abstain” format throughout. The total number of
28 Grand Jurors who placed a vote on each topic has been indicated in each section.
29 Footnotes have been added in certain places wherejuror requested the opportunity
30 to clarify their vote for any reason. Each applicable statute is referenced by citation
1
1 number. Attached to this document as Appendix A is a complete set of Georgia
2 statutes referenced below.
3 The Grand Jury heard extensive testimony on the subject of alleged election
4 fraud from poll workers, investigators, technical experts, and State of Georgia
5 employees and officials, as well as from persons still claiming that such fraud took
6 place. We find by a unanimous vote that no widespread fraud took place in the
7 Georgia 2020 presidential election that could result inoverturningthat election.
8 I
9 With respect to the January 2%, 2021 phone call from President Trump to
10 Secretary of State Brad Raffensperger, the Grand Jury recommends the District
11 Attorney seek indictments against the following individual(s)
12 Donald Trump
13 RelevantStatutes, including votes (22);
14 0CGA 16-10-93 (b) 21Y/IN/0A
15 0CGA 16-10-20 21Y/1N/0A
16 0.CGA 21-2604 1BY/IN/3A
17 006A 21-2:597 19Y/1N/2A
18 0CGA16-4-7, criminal solicitation
19 0CGA1610-8 19Y/1N/2A
20 0CGA 161020 20Y/IN/1A
21 In the same connection, we recommend seeking an indictment against the
22 following individual(s)
23 Cleta Mitchell
2 RelevantStatutes, including votes (18):
25 0CGA 16-10-93 (b) 18Y/0N/OA
26 0CGA 16-1020 18Y/0N/OA
27 0CGA 212604 18Y/0N/0A
28 0.CGA 212597 18Y/0N/OA
29 0.CGA. 16-4-7, criminal solicitation
30 0CGA 1610-8 12Y/5N/1A
2
1 0CGA 161020 12¥/SN/1A
2
3 i
4 With respect to the persistent, repeated communications directed to multiple
5 Georgiaofficials and employees between November of 2020 and January of 2021, the
6 Grand Jury recommends the District Attorney seek indictments against the following
7 individual(s), includingvotes (18):
8 Donald Trump 17Y/1N/0A
9 RudyGiuliani 17Y/INOA
10 Relevant Statutes:
11 0CGA 212597
12 006A 1610-20
13 OCGA. 164-7, criminal solicitation
14 0CGA. 16-1020
15 In the same connection, we recommend seeking an indictment against the
16 followingindividual(s), including votes (18):
17 David Perdue 16Y/IN/1A
18 Relevant Statutes:
19 0CGA 161020
20
21 iii.
2 With respect to the several legislative hearings held before the Georgia
23 legislature in December of2020andevidencepresented therein,includingitems such
24 as: the State Farm Arena video,the purported statisticsofvotediscrepancies,and the
25 allegations of improper conduct by Fulton County election staff; the Grand Jury
26 recommends that the District Attorney seek indictments against the following
27 individual(s), including the votes (21):
28 Rudy Giuliani 19Y/0N/2A
29 Jacki Pick 21Y/0N/0A
30 Robert Cheeley 18Y/ON/3A
3
1 William Ligon 19Y/0N/2A
2 Relevant Statute(s):
3 0CGA 1610-20
4 Upon further consideration’, relevant statutes including the votes (18):
5 0CGA 1610201 17Y/INfOA
6 In the same connection, we recommend seeking an indictment against the
7 following individual(s)
8 Ray Smith
9 John Eastman
10 Scott Hall
1 Relevant Statute(s)?, including the votes:
12 0CGA 161020 1BY/ON/OA
13 0CGA 1610201 17Y/IN0A
1
15 w.
16 With respect to the harassment of Ruby Freeman, the Grand Jury
17 recommends that the District Attorney seek indictments of the following persons
18 Trevian Kutt
19 Harrison Floyd
20 Steven lee
2 Relevant Statute(s) including votes (21), respectively:
22 0CGA 1610-93 (b) 20/1N/0A
23 20¥/1N/0A
2 20Y/1N/0A
25 0CGA 164-7 21V/0N/0A
26 20Y/0N/0A
27 21Y/0N/0A
The two dissentingjurors believe theelectorsshould not be indicted fordoing what they were
misled to understand as thei ivi duty.
With respect to thealternate slatofelectors, 0.C.G.A. 16-4-7 would not be applicable.
s
1 0CGA.1610-201
2 0CGA 161020
3 0CGA 1691
4 0.CGA.16-4-7, criminal solicitationofsame
5
6 vi
7 With respect to the post-November 2020 election events that took place in
8 Coffee County, including access by unauthorized persons to County voting machines
9 and the data contained therein, the Grand Jury recommends that theDistrict Attorney
10 seek indictmentsofthe following person(s):
11 Cathy Latham
12 Misty Hampton
13 Scott Hall
14 Sidney Powell
15 Relevant Statute(s) including votes (21)°:
16 0CGA169-93 21V/0N/0A
17 0.CGA 21-2566 21Y/0N/0A
18 0CGA.212:580 18Y/3N/0A
19 0CGA.21-2:582 18Y/3N/0A
20
21 vit
2 With respect to the national effort to overturn the 2020 presidential election,
23 focused on efforts in Georgia, Arizona, Wisconsin, Michigan, Pennsylvania, and the
24 District of Columbia, the Grand Jury recommends that the District Attorney seek
25 indictments of the following person(s), including votes® (21):
“With respect tothe inclusion ofthe electionstatutes 21-2:580 and 212-562, the threedissenting
rand jurors do not believe that the wording ofthestatutesapplies tothe conductat issue
“One ofthe dissenting jurorsvotingagainst recommending seeking indictmentsofformer Senators
Perdue andLoeler onaRICOclaim believesthat their statements following theNovember 2020
election, while pandering to their plitica bas, donot give rise totheirbeing guiltyofcriminal
conspiracy.
6
1 Rudy Giuliani 20¥/1N/0A
2 John Eastman 20¥/1N/0A
3 Kenneth Chesebro 20¥/1N/0A
4 Donald Trump 20¥/1N/0A
5 Cleta Mitchell 20¥/1N/0A
6 Jenna Ellis 20Y/1N/0A
7 MarkMeadows 20Y/1N/0A
8 DavidShafer 20¥/1N/0A
9 RaySmith 20Y/1N/0A
10 LinWood 20Y/1N/0A
11 Lindsey Graham 1BY/TN1A
12 Sidney Powell 20Y/1N/0A
13 Robert Cheeley 20Y/1N/0A
14 Michael Flynn 20Y/1N/0A
15 William Ligon 20Y/1N/0A
16 David Perdue 17Y/4N/0A
17 Kelly Loefller 14Y/6N/1A
18 Cathleen Latham 18Y/3N/0A
19 Misty Hampton 18Y/3N/0A
20 Scott Hall 17Y/4N/0A
21 Boris Epshteyn 20¥/1N/0A
22 jeffClark 20¥/1N/0A
23 Kurt Hilbert 19¥/1N/1A
24 Steven Lee 19/2N/0A
25 Trevian Kutt 19¥/2N/0A
26 Harrison Floyd 19¥/2N/0A
27 Alex Kaufman 17Y/3N/1A
28 Alternate Slate.
29 Joseph Brannan IV/IN/ZA
30 Vikki Consiglio IV/IN/ZA
7
1 Carolyn Fisher 9V/IN/3A
2 Burtjones 10Y/8N/3A
3 Gloria Godwin 9IV/IN/3A
4 Mark Hennessy 9IV/IN/3A
5 Mark Amick 9IV/IN/ZA
6 John Downey 9IV/IN/3ZA
7 Brad Carver 9IV/IN/3A
8 Shawnstill IV/IN/IA
9 CB.Yadav 9V/IN/3A
10 Relevant Statute(s):
11 OCGA 164-3 and all relevant subsections
12
13 vii
14 A majority of the Grand Jury believes that perjury may have been committed
15 by one or more witnesses testifying before it. The Grand Jury recommends that the
16 District Attorney seek appropriate indictmentsforsuch crimes where the evidence is
17 compelling
18 CONCLUSION
19
20 “The Grand Jury wishes to acknowledge the hardworking attorneys andstaffof
21 the Fulton County District Attorney's office. Any legal errors contained in this report
22 should not be laid at their feet, however, because that Office had nothing to do with
23 the recommendations contained herein.
2 Ifthis report fails to include any potential violationsofreferenced statutes that
25 were shown in the investigation, we acknowledge the discretion of the District
26 Attorney to seek indictments where she finds sufficient cause. Furthermore, this
27 Grand Jury contained no election law experts or criminal lawyers. The majority of
28 this Grand Jury used their collective best efforts, however, to attend every session.
29 listen to every witness, and attempt to understand the facts as presented and the laws
30 asexplained
8
| Ifthe Court finds this report to have satisied the purpose of the Special
2 Purpose Grand Jury as impaneled, we request that we be formally discharged from
+
6 This 150 day of December, 2022
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12 Deputy ForepersonBEEN
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1 conspiracy to commita crime punishable by death or by lfe imprisonment shall be
2 punished by imprisonment for not less than one year nor more than ten years.
3
4 OCGA §16:14-3: [State RICO] Definitions.
5 As used in this chapter, the term:
6 (1) “Cuil forfeiture proceeding’ shall have the same meaning asset forth in Code:
7 Section 9-16-2.
8 (2) “Criminal proceeding” means any criminal proceeding commencedby the
9 Departmentof Law or the ffice of any district attorney under any provision of
10 this chapter.
1 (3) “Enterprise” means any person, soe proprietorship, partnership, corporation,
12 business trust, union chartered under the laws of tis state, or other legal
13 entity;or anyunchartered union, association, or group ofindividuals associated
14 in fact although nota legal entity; and it includes ict as wel as lct enterprises.
15 and governmental as wel as other entities.
16 (4) “Pattern of racketeering activity” means:
17 (A) Engaging in at least two acts of racketeering activity in furtherance of
18 ‘one or more incidents, schemes, or transactions thathave the same or
19 similar intents, result, accomplices, victims, or methods of commission
20 orotherwise are interrelated by distinguishing characteristics and are
2 not isolated incidents, provided at least one of such acts occurred after
2 July 1, 1980, and that th last of such acts occurred within fouryears,
23 excluding any periods of imprisonment,after the commision of prior
2 actof racketeering activity; or
25 (8) Engaging in any oneor more acts ofdomestic terrorism as described in
26 paragraph (2) of Code Section 16-11-20or any criminal attempt,
27 criminal solicitation, or criminal conspiracy related thereto.
28 ©
n
1 (A) “Racketeering activity” means to commit, to attempt to commit, orto
2 solicit, coerce, or intimidate another person to comit any crime which
3 is chargeable by indictment under the laws of this state involving:
4 (i) Unlawful distilation, manufacture, and transportation of alcoholic
5 beverages in violation of Code Section 3-3-27;
6 (i) Records and reportsof currency transactions in violation of Article
7 110f Chapter 1of Title 7;
8 (ii) The “Georgia Uniform Securities Act of 2008" in violation of
9 Chapter 5 of Title 10;
10 (i) Homicide in violation of Article 1of Chapter5 of this ttle;
1 (v) Assault and battery in violation of Article2 of Chapter 5ofthis
12 title;
13 (vi) Kidnapping, false imprisonment, and related offenses in violation
14 of Article 3of Chapter5 of this title;
15 (vi) Prostitution, keeping a place of prostitution, pimping, and
16 pandering in violation of Code Sections 16-6-9 through 166-12;
17 (vil) Burglary in violationofCode Section 167-1;
18 (i) Smash and grab burglary in violation of Code Section 167-2;
19 (0) Arson and explosives in violation of Article 3 of Chapter 7 of this
20 title;
21 (x) Bombs, explosives, and chemical and biological weapons in
22 violation of Article4 of Chapter 7of this tite;
23 (xi) Theft in violation of Article 1of Chapter 8ofthistitle;
2 (xi) Robbery in violation of Article 2ofChapter 8 of this ttl;
25 (dv) Criminal reproduction and sale of recorded material in violation of
26 Article3 of Chapter 8ofthis title;
27 (4) The “Georgia Residential Mortgage Fraud Act” in violation of
28 Article 5of Chapter 8ofthis ttle;
29 (xvi) Forgery in any degree in violationof Code Section 16-9-1;
30 (xii) legal use of financial transaction cards in violation of Code
31 Sections 16.931, 169-32, 16933, and 16.934,
2
1 (xvii) Use of an article with an altered identification mark in violation
2 of Code Section 16.9-70;
3 (i) The “Georgia ComputerSystemsProtection Act” in violation of
4 Article 6of Chapter 9 ofthis ttle;
5 (0) Identity fraud in violation of Article 8of Chapter 9 of this ite;
6 (i) Bribery in violation of Code Section 16-102;
7 (od) False statements and writings or false lien statements against
8 public officers or public employees in violation of Code Section 16-
9 1020011610201;
10 (os) Impersonating a public officer
oremployee in violation of Code.
1 Section 16-10-23;
12 (ov) Attempted murder or threatening of witnesses in official
13 proceedingsinviolation of Code Section 16-10-32;
14 (ow) Perjury and other related offenses in violation of Article 4 of
15 Chapter10ofthistile;
16 (oi) Embracery inviolationofCode Section 16-10-91;
17 foul) Influencing witnesses in violation of Code Section 16-10-93;
18 Covi) Tampering with evidence in violation of Code Section 16-10-94;
19 (ocx) Intimidationor injuryof grand ortrialjurororcourtofficer in
20 violation of Code Section 16-10-97;
21 (oc) Terrorist threats and acts inviolation of Code Section 16-11-37;
22 (ou) The “Georgia Firearms and Weapons Act” i violation of Part 2 of
23 Article 4 of Chapter 11of ths title;
2 Goud) Commercial gambling in violation of Code Section 16-12-22;
25 (ood) Distributing obscene materials in violation of Code Section 16-12-
2 80;
27 (ousiv) The “Georgia Controlled Substances Act” in violation of Article 2 of
28 Chapter 13ofthi title;
29 (ov) The “Dangerous Drug Act” in violation of Article 3of Chapter 13 of
30 this tite;
31 (our) Marijuana in violation of subsection () of Code Section 16-13-30;
13
1 (ooril) Payday loans in violation of Chapter 17 ofthis tite;
2 Goonil) Insurance fraud in violation of Code Section 33.1.9;
3 (oxi) Certain felonies involving certificatesofttle, security interest, or
+ Tiens in violation of Code Section 40-3-90;
5 (x) Removalorfalsification of identification numbers in violation
6 of Code Section 404.21;
7 (x) Possession ofmotor vehicle parts fromwhich the identification
8 has been removed in violation of Code Section404-22;or
9 (di) Article 8of Chapter 5 of Tile 16, relating to protection of elder
10 persons
1 (8) “Racketeering activity” shall alsomeanany act or threat involving
12 murder, Kidnapping, gambling, arson, robbery, theft, receipt of stolen
13 property, bribery, extortion, obstruction of justice, dealing in narcotic or
14 dangerous drugs, or dealing in securities which is chargeable under the.
15 laws oftheUnitedStates, any territory ofthe United States, or any state
16 ‘and which is punishable by imprisonment for more than one year.
17 (€) “Racketeering activity” shal also mean any conduct defined as
18 “racketeering activity” under 18 U.S.C. Section 1961 (1), any violation of
19 18 U5.C. Section1028, orany violation of31U.S.C. Sections 5311
20 through 5330.
21 (6) “Real property” means any real property situated in this state or any interest in
2 such real property, including, but not limited to, any lease of or mortgage upon
23 such real property.
2 0.C.G.A. § 16-143: [State RICO] Prohibited Activities
25 a) 1t shall be unlawful for any person, through a pattern of racketeering activity or
2 proceeds derived therefrom, to acquire or maintain, directly or indirectly, any
27 interestinor control of any enterprise, real property, or personal propertyof any
28 nature, including money.
1
1 (6) It shal be unlawful for any person employed by or associated with any enterprise
2 10 conduc or participate in, directly or indirectly such enterprise through a pattern
3 of racketeering activity.
+ (6) thal be unlawful for any person to conspire or endeavor to violate any of the
5 provisions of subsection (a)o (b) of this Code section. A person violates this
6 subsection when
7 (1) He or she together with one or more persons conspires to violate any of
8 the provisions of subsection (a)or (b) of thisCodesection and any one or
9 moreof such persons commits any overt act to effect the object of the
10 conspiracy; or
1 (2) Heor she endeavors to violate any ofthe provisions of subsection (a)or(b)
12 of this Code section and commits any overt act to efect the object of the
13 endeavor.
14 1 OCGA 5169-1: Forgery; classification of forgery offenses
15 (a) As used inthis Codesection,the term:
16 (1) “Bank” means incorporated banks, savings banks, banking companies, trust
17 companies, credit unions, and other corporations doinga banking business.
18 (2) “Check” means any instrumentforthe paymentor transmission of money
19 payable on demand anddrawn on abank.
20 (3) “Writing” includes, but shall not be limited to, printing or any other method of
21 recording information, money, coins, tokens, stamps, seals, credit cards, badges,
2 trademarks, and other symbols of value, ight, privilege,o identification.
23 (b) Aperson commits the offense of forgery in the first degree whenwith the intent to
2 defraud he or she knowingly makes, alter, orpossesses any writing, other thana check,
25 na fictitious name or in such manner that thewritingas made or altered purports to
26 have been made by another person, atanothertime, with different provisions,orby
27 authority of one who did not give such authority and utters ordelivers such writing
28 (0) Aperson commits the offense of forgery inthe second degree when with the intent to
29 defraud he or she knowingly makes, alters, or possesses any wilting, other than a check,
30 na fictitious name or in such manner that the writing as made or altered purports to
15
1 have been made by another person, at another time, with different provisions, or by
2 authority of one who did not give such authority.
3 (@) Aperson commits the offense offorgery in the third degree whenwith the intent to
+ defraud he or she knowingly:
5 (1) Makes, alters, possesses, utters, o delivers any check writtenin the amount of
6 $1,500.00 0r more in afictitious name or in such manner that the check as
7 made oraltered purports to have been made by another person at another
8 time,withdifferent provisions, or by authorityof one who did not give such
9 authority; or
10 (2) Possesses ten or more checks witten withouta specified amount ina fictitious
1 name ori suchmanner thatthe checks as made or altered purport to have:
12 been made by another person, at another time, vith different provisions, or by
13 authority of one who did not give such authority.
14 (e) Aperson commits the offense of forgery inthefourth degree when with the intent to
15 defraud he or she knowingly:
16 (1) Makes, alters, possesses, utters, or delivers any check written in the amount of
17 fess than $1,500.00 in fictitious name or in such manner tha thecheck as
18 made or altered purports to have been madeby another person, at another
19 time, with diferent provisions, or by authority of onewho did not give such
20 authority; or
2 (2) Possesseslessthan tencheckswrittenwithout a specified amount na fictitious
2 name orn such manner that the checks as made or altered purport to have
23 been made by another person,at anothertime, vith different provision, or by
2 authority of one who did not give such authority.
25 2. 0.CGA 516.993: Computer crimes defined; exclusivity of article; civil
26 remedies; criminal penalties
27 (a)Computertheft. Anypersonwhouses a computer or computer network with
28 Knowledge that such use i without authority and with the intention of:
29 (3) Taking or appropriating any property of another, whethero notwith the
30 intention of depriving the owner of possession;
1
1 (2) Obtaining property by any deceitful means or artful practice; or
2 (3) Converting property to such person's use inviolation of an agreement or other
3 Known legal obligation to makea specified application or disposition of such
4 property.
5 shall be guilty of the crime of computer theft.
6 (b)ComputerTrespass. Any personwho uses a computer or computer network with
7 Knowledge that such use is without authority andwith the intention of:
8 (1) Deleting or in any way removing,either temporarily or permanently, any
9 computer program or data from a computer orcomputer network;
10 (2) Obstructing, interrupting, or in any way interferingwith the useof a computer
1 program or data; or
12 (3) Altering, damaging, or in any waycausing the malfunctionof a computer,
13 computer network, orcomputerprogram, regardess of how long the alteration,
1 damage, or malfunction persists
15 shall be guilty of the crime of computer trespass.
16 (c) Computer Invasionof Privacy. Any personwho uses a computer or computer network
17 with the intention of examining any employment, medical, salary, credit, or any other
18 financial or personal data relating to anyotherperson with knowledge that such
19 examination i without authority shall be guiltyof the crime of computer invasion of
20 privacy.
21 (d) Computer Forgery. Any person who creates, alters,o deletes any data contained in any
2 computerorcomputer network, who, if such person had created, altered, or deleted a
23 tangible documentor instrument would have committed forgery under Article1ofthis
2 chapter, shall be guilty of the crime of computer forgery. The absence of a tangible
25 writingdirectly created oraltered by the offender shall not be a defense to the crime of
2% computer forgery f acreation, alteration, or deletion of data was involved in lew of a
27 tangible document or instrument.
28 (e) Computer Password Disclosure. Any person who disclosesanumber, code, password,
29 orother meansof access to 2 computer or computer network knowing that such
30 disclosure is without authority and which results in damages (including the far market
31 value of any services used and victim expenditure] tothe ownerofthe computer or
17
1 computer network in excess of $500.00 shall be guilty of the crimeofcomputer
2 password disclosure.
3) Article not Exclusive. The provisions of this article shall not be construed to preclude
4 the applicabilityofany other law which presently applies or may i the future apply to
5 anytransaction or course of conduct whichviolates ths article.
6 (6) Civil Relief; Damages.
7 (1) Any person whose property or person s injuredby reasonof aviolationof any
8 provisionof this article may sue therefor and recover forany damages sustained
9 and the costs of sit. Withoutlimitingthe generality of the term, “damages”
10 shallincludeloss of profits and victim expenditure.
un (2) At the request of any party to an action brought pursuant to this Code section,
12 the court shall by reasonable means conduct al legal proceedings in such away
13 25 to protect the secrecy and security of any computer, computer network,
14 data, or computer program involved inorder to prevent possible recurrence of
15 thesame ora similar act by anotherpersonand to protect any trade secrets of
16 any panty.
17 (3) The provisionsof this article shall not be construed to limit any person's ight to
18 pursue any additional civil remedy otherwiseallowedby law.
19 (4) Acivl action under this Code section must be brought withinfour years after
20 the violation is discovered or by exercise of reasonable diligence should have.
21 been discovered. For purposes of this article,a continuing violation of any one
22 subsection of this Code section by any person constitutes asingle violation by
23 such person.
2 (h) Criminal Penalties.
25 (1) Any person convicted of the crime of computertheft, computertrespass,
26 computer invasion of privacy, orcomputer forgery shall be fined not more than
27 $50,000.00 or imprisoned not more than 15 years, or both.
28 (2) Any person convicted of computerpassword disclosure shall be fined not more
29 than $5,000.00 or incarcerated for a period not to exceed one year, or both.
18
1 3 0.CGA 516-108: False official certificates or writings by officers or employees
2 of state and politcal subdivisions.
3 An officer or employee of the state or any political subdivision thereof
4 or other person authorized by law to makeorgivea certificate or
5 other writing who knowingly makes and deliverssucha certificateor
6 writing containingany statement which he knows to be false shall,
7 upon conviction thereof, be punished by imprisonment for not less
8 than one normore thanfiveyears.
9 4 OCGA §16:10-20: False statements and writings, concealment of facts, and
10 fraudulent documents in matters within jurisdiction of state or political
1 subdivisions.
2 A person who knowingly and willfully falsifes, conceals,or covers up
13 by any trick, scheme, or device a material fact; makes a false, fictitious,
1 or fraudulent statement or representation; or makes or uses any false
15 writing ordocument, knowing the same to contain any false, fictitious,
16 or fraudulent statement or entry, in any matter within the jurisdiction
17 ofanydepartment or agencyofstate governmentor ofthe
18 ‘governmentofany county,city,or other political subdivisionofths
19 state shall, upon conviction thereof, be punished by a fineof not more.
20 than $1,000.00 or by imprisonment for not less than one nor more
21 than five years,orboth.
2
23 5 0.CGA §16-10-20.1:Filing false documents.
24 (a) Asusedin this Code section, the term “document” meansinformation that s inscribed
25 natangible medium or that s stored in an electronic or ther medium and is
26 retrievable in perceivable form and shall include, but shal not be limited to, lens,
27 encumbrances, documentsof tite, instrumentsrelatingtoa security interest inorttle
28 to real or personal property,o other records, statements, or representations of fac,
29 law, right,
oropinion.
19
1 (b) Notwithstanding Code Sections 16-10-20 and 16-10-71,it shall beunlawful for any
2 person to:
3 (1) Knowingly fle, enter,o record any document in public record or court of this
4 state or ofthe United States knowingor having reason to know that such
5 ‘document s false or contains a materially false, fictitious, or fraudulent
6 statement or representation; or
7 (2) Knowingly alter, conceal, cover up, orcreate a document and file, enter, or
8 record tin a public record or courtof this state or of the United States knowing,
9 or having reason to know that such document hasbeenaltered or contains a
10 materially fale, fictitious, or fraudulent statement of representation.
n (6) Any person who violates subsection (b) of this Code section shall beguiltyofa felony
12 and, uponconviction thereof,shall be punished by imprisonment of not less than one.
13 nor more than tenyears,a fine not to exceed $10,000.00, or both
1 d) This Code section shall not apply toa court clerk,registrarof deeds,or any other
15 government employee who is actingin the course ofhis or her oficial duties.
16 6 OCGA .§16-10-70: Perjury.
17 (a) A person to whom a lawful oath or affirmation has been administered commits the
18 offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a
19 false statement material tothe issue or point in question.
20 (b) A person convicted of the offense of perjury sha be punished byaine of not more:
21 than $1,000.00orby imprisonment for not les than one nor more than ten years, or
22 both. A person convicted of the offense of perjury that was a cause of another's being
23 imprisoned shall be sentenced toa term not to exceed the sentence providedfor the
2 crime for which the other person was convicted. A person convicted of the offense of
25 perjury that was acauseof another's being punishedby death shall be punished by fe
2 imprisonment
27 7. 0.CGA.§ 1610-93: Influencing witnesses.
28 (a) Aperson who, with intent to detera witness from testifying freely, ful, and truthfully
29 to any matter pending in any court, in any administrative proceeding, or before a grand
30 jury, communicates, directly or indirectly, to such witness any threat of injury or damage.
20
3 tothe person, property, or employment of the witness or to the person, property, or
2 employment of any relative or associate of the witness or who offers or delivers any
3 benefit, reward, or considerationto such witness orto a relative
orassociateofthe
4 witness shall, upon conviction thereof, be punished by imprisonment for not less than
5 ‘one nor more than five years.
6
7 (1) 1t shall be unlawful for any person knowingly to use intimidation, physica force,
8 or threats; to persuade another person by means of corruption orto attempt to
9 050; or to engage in misleading conduct toward another person with intent to:
10 (A) influence, delay, or prevent the testimony of any person in an official
1 proceeding;
12 (8) Cause or induce any person to:
13 i) Withhold testimony ora record, document, or other object
14 from an offical proceeding;
15 (i) Alter, destroy, mutilate, or conceal an object with intent to
16 impair the object's integrity or availability for use in an offical
17 proceeding;
18 (i) Evade legal process summoning that person to appear as a
19 witness or to produce arecord, document, or other objectin an.
20 official proceeding; or
21 (iv) Be absent from an official proceeding towhich such person has
22 been summoned by legal process; or
23 (Q) Hinder, delay, or prevent the communication toa law enforcement
2 officer, prosecuting attorney, or judge of this state of information
25 relating to the commission or possible commission ofa criminal
2 offense oraviolation of conditions of probation, parole, of release
27 pending judicial proceedings.
28 (2) Any person convicted of a violation of this subsection shallbeguityof a felony
29 ‘and, upon conviction thereof, shall bepunished by imprisonment for not less
30 than two nor more than ten years or bya ine of not ess than $10,000.00 nor
31 more than $20,000.00, or both
21
1 (8) For the purposesofthis Code section the term “oficial proceeding”
2 meansan hearing or trial conducted by courtof hs taeo is
3 politica subdivisions, a grand jury, or an agencyofthe executive,
4 legislative, or judicial Branches of government of this state ots
5 political subdivisions or authors.
6 (8) An official proceeding need not be pendingo about t be instituted
7 at th time of any offense defined inthis subsection
8 (© The testimony, record, document,orother abject which prevented
5 orimpaded or attempted to be prevented or impeded nan official
10 proceedingin viaaton of tis Code ection ned nt be admissible in
] 1 evidence or free of acim of priviege.
12 (0) Ina prosecution for an offense under this Code section, no tate of
3 ind need be proved with respect to th circumstance:
14 (0) Tha the official proceeding befora judge, cour, magistrate,
1s rand jury, or Government agency i before ajudge or court of
16 this state, a magistrate, a grand uy, or an agency of sate or
IY local government; or
18 (3) Thathejudge s a judge ofthis stateo is political subdivisions
19 orthat the law enforcement office is an officer or employee of
2 the State of Georgia o a political subdiision or authorityof the
2 state ora parson authorized to act for oronbehalfof th State
2 of Georgiaor a politcal ubdiision or authority of th state.
zn (61 Aprosecution under this Codesection maybe brought nthe county
2 in which the official proceeding, whether or not pending or about 0
25 be stituted, was intended o be affectedo nthe county in which
2 the conduct constituting th alleged offense ocurred.
27 (0 Anycime committed in vilaion of subsection (3) (5) of this Code section shal be
2 considered a separate offense.
29 8 0.C.GA.5212:566: Interference with primaries and elections generally.
30 Any person who:
] 2
1 (0) Will preventso attempts to prevent any pol officer from holding any
2 primary or election under this chapter;
3 (2) Uses or threatens violence ina manner that would preventareasonable poll
4 officer or actually preventsa poll officer from the execution of his or her duties
5 ormaterially interrupts or improperly and materially interferes with the
6 execution of a poll officers duties;
7 (3) Willy blocks orattempts to block the avenue tothe doorofany poling place;
8 8) Uses or threatens violence in a manner that would prevent a reasonable elector
9 from voting or actually prevents any elector fom voting;
10 (5) Will prepares or presents to any pol officera fraudulent voter's cetficate
n not signedby the lector whosecertificate i purports to be;
12 (6) Knowingly deposits fraudulent ballots in the allot bo;
13 (7) Knowingly registers fraudulent votes upon any voting machine; or
14 (8) Will tampers with any electors is, voter's certficate, numbered ist of
15 voters, ballot bos, voting machin, directrecording electronic (ORE) equipment,
16 electronic ballot marker, o tabulating machine
17 shall be guiy of afelony and, upon conviction thereo, shall be sentenced to
18 imprisonment for not ss thanone nor more than ten years or to paya fine not
] 19 to exceed $100,000.00, or both
209. O.C.GA.§21-2:580: Tampering with, damaging, improper preparation of, or
21 prevention of proper operation of voting machines or electronic ballot markers
2 or tabulating machines.
2 Any person who:
2 (1) Unlawfolly opens, ampers ith, or damages any voting machin or electronic
25 ballot markeo abulating machin tobe used orbeing used at any primary or
2 section;
27 (2) Wilfully prepares avoting machine or an electronic ballot marker or tabulating
2 machine for use na primary or election in improper order forvoting; or
2 (3) Prevents or attempts to prevent the correct operationof such electronic ballot
30 marker or tabulting machine or voting machine
2
1 shall be guiltyofafelony.
2
3 10.0.CG.A§ 21-2582: Tampering with, damaging, or preventing of proper
4 operation of direct recording electronic equipment or electronic ballot marker or
5 tabulating machine or device.
6 Any person who tampers with or damages any direct recording electronic
7 (DRE) equipment or electronic ballot marker or tabulating machine or device
8 tobe used orbeing used at or in connection with anyprimaryor election or
9 who preventsorattempts to prevent the correct operationofany direct
10 recording electronic (DRE) equipment or electronic ballot marker or
n tabulating machine or device shall beguiltyof a felony.
12
13 11.0.CGA §21-2:597: Intentional interference with performance ofelection
14 duties.
15 Any person who intentionally interferes with, hinders,or delaysorattempts
16 to interfere with, hinder, or delay any other person in the performanceofany
17 actorduty authorized or imposed by this chapter shallbeguilty ofa
18 misdemeanor.
19
20 12.006. 521-2604: Criminal solicitation to commit election fraud; penalties.
21 (1) A person commitsthe offense of criminal solicitation to commit election fraud
2 in the fist degreewhen,with intent that another person engage in conduct
23 constitutinga felonyunderthis article, he or she solicit, requests, commands,
2 importunes, or otherwise attempts to cause the other person to engage in such
25 conduct
26 (2) A person commits the offense of criminal solicitation to commit election fraud
2 in the second degree when, with intent that another person engage inconduct
28 constituting a misdemeanor under thi article, he or she solicits, requests,
29 commands, importunes, or otherwise attempts tocause the other person to
30 engage in such conduct.
2
1 (b)
2 (0) A person convicted of the offense of criminal solicitation to commit lection
3 frau in the fst degre shll be punishedb imprisonment or not es than
4 anenor more thanthre yeaers
5 2) person convicted of the offense of criminal solicitation to commit lection
6 fraud inthe second degree sha be punished a for misdemeanor.
7 (0) tis no defense toa prosecforcrim utioinaln solicitation to commit election fraud hat
8 the person slcited could na be ity of the crime sliced.
9 (@) The provisions of subsections (a) through c)of tis Code section are cumulative and
10 shall not supeanyoth rsec ieal aviof thisstate
erpen
n
12
i
|
2
‘Addendum to Special Purpose Grand Jury Final Report
: “The undersigned Special Purpose Grand Jury Foreperson and Deputy Foreperson hercby
make this Addendum to the Special Purpose Grand Jury Final Report o clarify two matters:
Special Purpose Grand Jury Final Report be published. The Special Purpose Grand Jury
| did not recommend a manner or time for such publication.
2. Atno time were 24 or more jurors present when evidence was received. 24jurors,
including altemates, were present only at an introductory meeting at the Fulton County
Courthouse on May 12, 2022.
fro]
Deputy Foreperson