O.C.G.A. § 16-10-91 (2019)
Embracery
(a) A person commits the offense of embracery when he:
(1) With intent to influence a person summoned or serving as a juror, communicates with him otherwise than is authorized by law in an attempt to influence his action as a juror; or
(2) Summoned as a juror, accepts anything of value offered to him with the understanding that it is given with the intent of influencing his action as a juror.
(b) A person convicted of the offense of embracery shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. (Laws 1833, Cobb’s 1851 Digest, p. 809; Code 1863, § 4390; Code 1868, § 4431; Code 1873, § 4503; Code 1882, § 4503; Penal Code 1895, § 328; Penal Code 1910, § 333; Code 1933, § 26-4702; Code 1933, § 26-2407, enacted by Ga. L. 1968, p. 1249, § 1.) Cross references. - Juries, § 15-12-1.
Annotations
Law reviews. - For annual survey of
criminal law, see 38 Mercer L. Rev. 129 (1986).
JUDICIAL DECISIONS Civil liability. - Person who commits embracery is liable in civil damages to one who is thereby injured. LaBarre v. Payne, 174 Ga. App. 32, 329 S.E.2d 533 (1985). Evidence of defendant’s reputation. - In a trial for embracery, where the state sought to elicit the victim’s perception of whether the defendant’s statements were threatening and, after answering affirmatively the question of whether the victim was familiar with defendant’s reputation, the witness did not say what that reputation was, the error, if any, in permitting the question did not contribute to the judgment. Stevens v. State, 195 Ga. App. 324, 393 S.E.2d 482 (1990). Jury need not be impaneled and sworn at time of attempted influence. - It is not essential to constitute offense of embracery that juror sought to be influenced be, at the time, a member of a jury
impaneled and sworn to try case in question. Martin v. State, 43 Ga. App. 287, 158 S.E. 635 (1931). Crime of embracery may be committed by approaching a prospective juror who has been neither sworn nor impaneled in case, and who may never have anything to do with the case in which the juror is attempted to be influenced. Jones v. State, 101 Ga. App. 851, 115 S.E.2d 576 (1960). Embracery may be perpetrated by attempting to influence grand juror, although no indictment was returned, and even perhaps by influencing the juror on a matter before the grand jury which did not include finding of a true bill. Jones v. State, 101 Ga. App. 851, 115 S.E.2d 576 (1960). Embracery constitutes a contempt of court, but for contempt of court by attempting to improperly influence a juror
designate (one who has been drawn as a juror) one does not necessarily have to be guilty of embracery. Summers v. State ex rel. Boykin, 66 Ga. App. 648, 19 S.E.2d 28 (1942). Attempt to influence juror desig-
nated as contempt of court. - See Summers v. State ex rel. Boykin, 66 Ga. App. 648, 19 S.E.2d 28 (1942). Cited in Pelletier v. Zweifel, 921 F.2d 1465 (11th Cir. 1991).
RESEARCH REFERENCES Am. Jur. 2d. - 26 Am. Jur. 2d, Embracery, § 1 et. seq. C.J.S. - 29A C.J.S., Embracery, § 1 et seq. ALR. - Agreement to use one’s influence to have punishment for crime mitigated as contrary to public policy, 24 A.L.R. 1453. Contract between juror and party or attorney during trial of civil case as ground for new trial, 55 A.L.R. 750; 62 A.L.R.2d 298. Shadowing, or tampering or communicating with, jurors as contempt, 63 A.L.R. 1269.
Attempt to bribe juror as ground for new trial or reversal, 126 A.L.R. 1260. Assertion of defense of champerty in action by champertous assignee, 22 A.L.R.2d 1000. Recovery of money paid, or property transferred, as a bribe, 60 A.L.R.2d 1273. Contact or communication between juror and party or counsel during trial of civil case as ground for mistrial, new trial, or reversal, 62 A.L.R.2d 298. Contact or communication between juror and outsider during trial of civil case as ground for mistrial, new trial, or reversal, 64 A.L.R.2d 158.