Ga. Code Ann., T. 16, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 1, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 1. General Provisions
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-1. Title
This title shall be known and may be cited as the “Criminal Code of Georgia.”
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-101.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-2
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-2. General purposes
The general purposes of this title are:
(1) To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
(2) To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction;
(3) To define that which constitutes each crime; and
(4) To prescribe penalties which are proportionate to the seriousness of crimes and which permit recognition of differences in rehabilitation possibilities among individual criminals.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-102.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-3
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-3. Definitions
As used in this title, the term:
(1) “Affirmative defense” means, with respect to any affirmative defense authorized in this title, unless the state's evidence raises the issue invoking the alleged defense, the defendant must present evidence thereon to raise the issue. The enumeration in this title of some affirmative defenses shall not be construed as excluding the existence of others.
(2) “Agency” means:
(A) When used with respect to the state government, any department, commission, committee, authority, board, or bureau thereof; and
(B) When used with respect to any political subdivision of the state government, any department, commission, committee, authority, board, or bureau thereof.
(3) “Another” means a person or persons other than the accused.
(4) “Conviction” includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty.
(5) “Felony” means a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.
(6) “Forcible felony” means any felony which involves the use or threat of physical force or violence against any person.
(7) “Forcible misdemeanor” means any misdemeanor which involves the use or threat of physical force or violence against any person.
(8) “Government” means the United States, the state, any political subdivision thereof, or any agency of the foregoing.
(9) “Misdemeanor” and “misdemeanor of a high and aggravated nature” mean any crime other than a felony.
(10) “Owner” means a person who has a right to possession of property which is superior to that of a person who takes, uses, obtains, or withholds it from him and which the person taking, using, obtaining, or withholding is not privileged to infringe.
(11) “Peace officer” means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.
(12) “Person” means an individual, a public or private corporation, an incorporated association, government, government agency, partnership, or unincorporated association.
(13) “Property” means anything of value, including but not limited to real estate, tangible and intangible personal property, contract rights, services, choses in action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, and electric or other power.
(14) “Prosecution” means all legal proceedings by which a person's liability for a crime is determined, commencing with the return of the indictment or the filing of the accusation, and including the final disposition of the case upon appeal.
(15) “Public place” means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household.
(16) “Reasonable belief” means that the person concerned, acting as a reasonable man, believes that the described facts exist.
(17) “State” means the State of Georgia, all land and water in respect to which this state has either exclusive or concurrent jurisdiction, and the airspace above such land and water.
(18) “Without authority” means without legal right or privilege or without permission of a person legally entitled to withhold the right.
(19) “Without his consent” means that a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 780; Laws 1968, p. 1249, § 1; Laws 1970, p. 236, § 1; Laws 1973, p. 292, § 3; Laws 1982, p. 3, § 16.
Formerly Code 1863, § 6; Code 1868, § 5; Code 1873, § 5; Code 1882, § 5; Penal Code 1895, § 2; Penal Code 1910, § 2; Code 1933, § 26-101; Code 1933, § 26-401.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-4
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-4. Code governs crimes
No conduct constitutes a crime unless it is described as a crime in this title or in another statute of this state. However, this Code section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-201.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-5
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-5. Presumption of innocence and proof beyond reasonable doubt
Every person is presumed innocent until proved guilty. No person shall be convicted of a crime unless each element of such crime is proved beyond a reasonable doubt.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-501.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-6
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-6. Included crime
An accused may be convicted of a crime included in a crime charged in the indictment or accusation. A crime is so included when:
(1) It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the crime charged; or
(2) It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-505.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-7
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-7. Multiple prosecutions for same conduct
(a) When the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if:
(1) One crime is included in the other; or
(2) The crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
(b) If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c) of this Code section.
(c) When two or more crimes are charged as required by subsection (b) of this Code section, the court in the interest of justice may order that one or more of such charges be tried separately.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1982, p. 3, § 16.
Formerly Code 1933, § 26-506.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-8
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-8. Effect of former prosecution
(a) A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution:
(1) Resulted in either a conviction or an acquittal; or
(2) Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts or after a plea of guilty was accepted by the court.
(b) A prosecution is barred if the accused was formerly prosecuted for a different crime or for the same crime based upon different facts, if such former prosecution:
(1) Resulted in either a conviction or an acquittal and the subsequent prosecution is for a crime of which the accused could have been convicted on the former prosecution, is for a crime with which the accused should have been charged on the former prosecution (unless the court ordered a separate trial of such charge), or is for a crime which involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution or unless the crime was not consummated when the former trial began; or
(2) Was terminated improperly and the subsequent prosecution is for a crime of which the accused could have been convicted if the former prosecution had not been terminated improperly.
(c) A prosecution is barred if the accused was formerly prosecuted in a district court of the United States for a crime which is within the concurrent jurisdiction of this state if such former prosecution resulted in either a conviction or an acquittal and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution or unless the crime was not consummated when the former trial began.
(d) A prosecution is not barred within the meaning of this Code section if:
(1) The former prosecution was before a court which lacked jurisdiction over the accused or the crime; or
(2) Subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the accused was thereby adjudged not guilty or unless there was a finding that the evidence did not authorize the verdict.
(e) Termination under any of the following circumstances is not improper:
(1) The accused consents to the termination or waives by motion to dismiss or other affirmative action his right to object to the termination; or
(2) The trial court finds that the termination is necessary because:
(A) It is physically impossible to proceed with the trial;
(B) Prejudicial conduct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant;
(C) The jury is unable to agree upon a verdict; or
(D) False statements of a juror on voir dire prevent a fair trial.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1982, p. 3, § 16.
Formerly Code 1933, § 26-507.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-9
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-9. Application of title to crimes committed before and after enactment
This title shall govern the construction and punishment of any crime defined in this title committed on and after July 1, 1969, as well as the construction and application of any defense. This title does not apply to or govern the construction or punishment of any crime committed prior to July 1, 1969, or the construction or application of any defense. Such a crime must be construed and punished according to the law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 838; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4550; Code 1868, § 4570; Code 1873, § 4664; Code 1882, § 4664; Penal Code 1895, § 18; Penal Code 1910, § 18; Code 1933, § 26-103; Code 1933, § 26-103.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-10
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-10. Punishment for other crimes
Any conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished as for a misdemeanor.
CREDIT(S)
Laws 1865-66, p. 233, § 2; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4395; Code 1868, § 4436; Code 1873, § 4509; Code 1882, § 4509; Penal Code 1895, § 334; Penal Code 1910, § 339; Code 1933, § 26-5001; Code 1933, § 26-104.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-11
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-11. Repeal of criminal statute not to abate status as crime of criminal acts which occurred prior to such repeal
The repeal, repeal and reenactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such law.
CREDIT(S)
Laws 1987, p. 260, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-1-12
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
§ 16-1-12. Compensation on contingent basis prohibited in forfeiture action for attorney appointed to represent the state
(a) In any forfeiture action brought pursuant to this title, an attorney appointed by the Attorney General or district attorney as a special assistant attorney general, special assistant district attorney, or other attorney appointed to represent this state in such forfeiture action shall not be compensated on a contingent basis by a percentage of assets which arise or are realized from such forfeiture action. Such attorneys shall also not be compensated on a contingent basis by an hourly, fixed fee, or other arrangement which is contingent on a successful prosecution of such forfeiture action.
(b) Nothing in this Code section shall be construed as prohibiting or otherwise restricting the Attorney General or a district attorney from appointing special assistants or other attorneys to assist in the prosecution of any action brought pursuant to this title.
CREDIT(S)
Laws 2012, Act 725, § 2, eff. July 1, 2011.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 1. Culpability
§ 16-2-1. Definition of crime
(a) A “crime” is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.
(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 779; Laws 1968, p. 1249, § 1; Laws 2004, Act 439, § 2, eff. July 1, 2004.
Formerly Code 1863, § 4188; Code 1868, § 4227; Code 1873, § 4292; Code 1882, § 4292; Penal Code 1895, § 31; Penal Code 1910, § 31; Code 1933, § 26-201; Code 1933, § 26-601.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-2
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 1. Culpability
§ 16-2-2. Misfortune or accident not a crime
A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 779; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4198; Code 1868, § 4237; Code 1873, § 4302; Code 1882, § 4302; Penal Code 1895, § 40; Penal Code 1910, § 40; Code 1933, § 26-404; Code 1933, § 26-602.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-3
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 1. Culpability
§ 16-2-3. Presumption of sound mind and discretion
Every person is presumed to be of sound mind and discretion but the presumption may be rebutted.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-606.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-4
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 1. Culpability
§ 16-2-4. Acts presumed to be wilful
The acts of a person of sound mind and discretion are presumed to be the product of the person's will but the presumption may be rebutted.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-603.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-5
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 1. Culpability
§ 16-2-5. Consequences presumed intended
A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts but the presumption may be rebutted.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-604.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-6
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 1. Culpability
§ 16-2-6. Intention a question of fact
A person will not be presumed to act with criminal intention but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 779; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4189; Code 1868, § 4228; Code 1873, § 4298; Code 1882, § 4293; Penal Code 1895, § 32; Penal Code 1910, § 32; Code 1933, § 26-202; Code 1933, § 26-605.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-20
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 2. Parties to Crimes
§ 16-2-20. Parties to crime; punishment
(a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.
(b) A person is concerned in the commission of a crime only if he:
(1) Directly commits the crime;
(2) Intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity;
(3) Intentionally aids or abets in the commission of the crime; or
(4) Intentionally advises, encourages, hires, counsels, or procures another to commit the crime.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-801.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-21
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 2. Parties to Crimes
§ 16-2-21. Trial and conviction of parties who did not directly commit the crime
Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-802.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-2-22
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 2. Criminal Liability
Article 2. Parties to Crimes
§ 16-2-22. Criminal responsibility of corporations
(a) A corporation may be prosecuted for the act or omission constituting a crime only if:
(1) The crime is defined by a statute which clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his office or employment and in behalf of the corporation; or
(2) The commission of the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official who is acting within the scope of his employment in behalf of the corporation.
(b) For the purposes of this Code section, the term:
(1) “Agent” means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation.
(2) “Managerial official” means an officer of the corporation or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-803.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 3, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 3. Defenses to Criminal Prosecutions
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 1. Responsibility
§ 16-3-1. Minimum age
A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-701.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-2
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 1. Responsibility
§ 16-3-2. Mental capacity; insanity
A person shall not be found guilty of a crime if, at the time of the act, omission, or negligence constituting the crime, the person did not have mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-702.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-3
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 1. Responsibility
§ 16-3-3. Delusional compulsion
A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of mental disease, injury, or congenital deficiency, acted as he did because of a delusional compulsion as to such act which overmastered his will to resist committing the crime.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-703.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-4
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 1. Responsibility
§ 16-3-4. Intoxication
(a) A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act.
(b) Involuntary intoxication means intoxication caused by:
(1) Consumption of a substance through excusable ignorance; or
(2) The coercion, fraud, artifice, or contrivance of another person.
(c) Voluntary intoxication shall not be an excuse for any criminal act or omission.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 779; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4197; Code 1868, § 4236; Code 1873, § 4301; Code 1882, § 4301; Penal Code 1895, § 39; Penal Code 1910, § 39; Code 1933, § 26-403; Code 1933, § 26-704.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-5
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 1. Responsibility
§ 16-3-5. Mistake of fact
A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which, if true, would have justified the act or omission.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 3.
Formerly Code 1933, § 26-705.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-6
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 1. Responsibility
§ 16-3-6. Sexual servitude; coercion or deception
(a) As used in this Code section, the term:
(1) “Coercion” shall have the same meaning as set forth in Code Section 16-5-46.
(2) “Deception” shall have the same meaning as set forth in Code Section 16-5-46.
(3) “Sexual crime” means prostitution, sodomy, solicitation of sodomy, or masturbation for hire as such offenses are proscribed in Chapter 6 of Title 16.
(4) “Sexual servitude” shall have the same meaning as set forth in Code Section 16-5-46.
(b) A person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is based was committed under coercion or deception while the accused was being trafficked for sexual servitude in violation of subsection (c) of Code Section 16-5-46.
(c) A defense based upon any of the provisions of this Code section shall be an affirmative defense.
CREDIT(S)
Laws 2011, Act 54, § 3, eff. July 1, 2011.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-20
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-20. Justification as a defense
The fact that a person's conduct is justified is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed:
(1) When the person's conduct is justified under Code Section 16-3-21, 16-3-23, 16-3-24, 16-3-25, or 16-3-26;
(2) When the person's conduct is in reasonable fulfillment of his duties as a government officer or employee;
(3) When the person's conduct is the reasonable discipline of a minor by his parent or a person in loco parentis;
(4) When the person's conduct is reasonable and is performed in the course of making a lawful arrest;
(5) When the person's conduct is justified for any other reason under the laws of this state; or
(6) In all other instances which stand upon the same footing of reason and justice as those enumerated in this article.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1999, p. 81, § 16.
Formerly Code 1933, § 26-901.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-21
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-21. Use of force in defense of self or others, including justifiable homicide; conflicting rules
(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.
(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.
(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 785; Laws 1968, p. 1249, § 1; Laws 1975, p. 1209, § 1; Laws 1993, p. 1716, § 2; Laws 2001, p. 1247, § 1.
Formerly Code 1863, § 4230; Code 1868, § 4267; Code 1873, § 4333; Code 1882, § 4333; Penal Code 1895, § 73; Penal Code 1910, § 73; Code 1933, § 26-1014; Code 1933, § 26-902.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-22
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-22. Persons rendering assistance to law enforcement officers
(a) Any person who renders assistance reasonably and in good faith to any law enforcement officer who is being hindered in the performance of his official duties or whose life is being endangered by the conduct of any other person or persons while performing his official duties shall be immune to the same extent as the law enforcement officer from any criminal liability that might otherwise be incurred or imposed as a result of rendering assistance to the law enforcement officer.
(b) The official report of the law enforcement agency shall create a rebuttable presumption of good faith and reasonableness on the part of the person who assists the law enforcement officer.
(c) The purpose of this Code section is to provide for those persons who act in good faith to assist law enforcement officers whose health and safety is being adversely affected and threatened by the conduct of any other person or persons. This Code section shall be liberally construed so as to carry out the purposes thereof.
CREDIT(S)
Laws 1967, p. 745, §§ 1, 2.
Formerly Code 1933, § 27-219.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-23
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-23. Use of force in defense of habitation
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 785; Laws 1968, p. 1249, § 1; Laws 2001, p. 1247, § 2.
Formerly Code 1863, § 4229; Code 1868, § 4266; Code 1873, § 4332; Code 1882, § 4332; Penal Code 1895, § 72; Penal Code 1910, § 72; Code 1933, § 26-1013; Code 1933, § 26-903.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-23.1
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-23.1. Use of force in defense of habitation, property, self, or others; no duty to retreat
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.
CREDIT(S)
Laws 2006, Act 599, § 1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-24
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-24. Use of force in defense of property
(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
(1) Lawfully in his possession;
(2) Lawfully in the possession of a member of his immediate family; or
(3) Belonging to a person whose property he has a legal duty to protect.
(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-904.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-24.1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-24.1. “Habitation” and “personal property” defined
As used in Code Sections 16-3-23 and 16-3-24, the term “habitation” means any dwelling, motor vehicle, or place of business, and “personal property” means personal property other than a motor vehicle.
CREDIT(S)
Laws 1998, p. 1153, § 1.1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-24.2
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-24.2. Immunity from criminal prosecution where use of threats or force is justified
A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.
CREDIT(S)
Laws 1998, p. 1153, § 1.2; Laws 1999, p. 81, § 16; Laws 2006, Act 599, § 2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-25
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-25. Entrapment as a defense
A person is not guilty of a crime if, by entrapment, his conduct is induced or solicited by a government officer or employee, or agent of either, for the purpose of obtaining evidence to be used in prosecuting the person for commission of the crime. Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee, or with an agent of either, and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-905.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-26
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-26. Coercion as a defense
A person is not guilty of a crime, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believes that performing the act is the only way to prevent his imminent death or great bodily injury.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 780; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4202; Code 1868, § 4238; Code 1873, § 4303; Code 1882, § 4303; Penal Code 1895, § 41; Penal Code 1910, § 41; Code 1933, § 26-402; Code 1933, § 26-906.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-27
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-27. Benefit of clergy
Since it is no longer needed or appropriate, the ancient device of benefit of clergy shall not exist.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 837; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4547; Code 1868, § 4567; Code 1873, § 4661; Code 1882, § 4661; Penal Code 1895, § 17; Penal Code 1910, § 17; Code 1933, § 26-102; Code 1933, § 26-202.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-28
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 2. Justification and Excuse
§ 16-3-28. Affirmative defenses
A defense based upon any of the provisions of this article is an affirmative defense.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-907.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-3-40
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 3. Defenses to Criminal Prosecutions (Refs & Annos)
Article 3. Alibi
§ 16-3-40. Alibi as a defense
The defense of alibi involves the impossibility of the accused's presence at the scene of the offense at the time of its commission. The range of the evidence in respect to time and place must be such as reasonably to exclude the possibility of presence.
CREDIT(S)
Formerly Penal Code 1895, § 992; Penal Code 1910, § 1018; Code 1933, § 38-122.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 4, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-1. Criminal attempt
A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1001.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-2
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-2. Criminal attempt conviction lawful though crime was committed
A person may be convicted of the offense of criminal attempt if the crime attempted was actually committed in pursuance of the attempt but may not be convicted of both the criminal attempt and the completed crime.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1004.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-3
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-3. Charge of crime includes criminal attempt
A person charged with commission of a crime may be convicted of the offense of criminal attempt as to that crime without being specifically charged with the criminal attempt in the accusation, indictment, or presentment.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-4
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-4. Impossibility no defense
It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1002.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-5
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-5. Abandonment of effort as defense
(a) When a person's conduct would otherwise constitute an attempt to commit a crime under Code Section 16-4-1, it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.
(b) A renunciation of criminal purpose is not voluntary and complete if it results from:
(1) A belief that circumstances exist which increase the probability of detection or apprehension of the person or which render more difficult the accomplishment of the criminal purpose; or
(2) A decision to postpone the criminal conduct until another time.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1003.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-6
Effective: July 1, 2007
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-6. Punishment
(a) A person convicted of the offense of criminal attempt to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than 30 years.
(b) A person convicted of the offense of criminal attempt to commit a felony, other than a felony punishable by death or life imprisonment, shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced if he or she had been convicted of the crime attempted, by one-half the maximum fine to which he or she could have been subjected if he or she had been convicted of the crime attempted, or both.
(c) A person convicted of the offense of criminal attempt to commit a misdemeanor shall be punished as for a misdemeanor.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 2007, Act 255, § 1, eff. July 1, 2007.
Formerly Code 1933, § 26-1006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-7
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-7. Criminal solicitation
(a) A person commits the offense of criminal solicitation when, with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.
(b) A person convicted of the offense of criminal solicitation to commit a felony shall be punished by imprisonment for not less than one nor more than three years. A person convicted of the offense of criminal solicitation to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one nor more than five years.
(c) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited.
(d) The provisions of subsections (a) through (c) of this Code section are cumulative and shall not supersede any other penal law of this state.
CREDIT(S)
Laws 1978, p. 903, § 1.
Formerly Code 1933, §§ 26-1007, 26-1008, 26-1009.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-8
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-8. Conspiracy to commit a crime
A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than ten years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 808; Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 14; Laws 1977, p. 601, § 2.
Formerly Code 1863, § 4387; Code 1868, § 4425; Code 1873, § 4497; Code 1882, § 4497; Penal Code 1895, § 118; Penal Code 1910, § 120; Code 1933, § 26-1901; Code 1933, § 26-3201.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-8.1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-8.1. Conviction of conspiracy to commit a crime where crime actually committed
A person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime and the completed crime.
CREDIT(S)
Laws 1996, p. 679, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-9
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-9. Withdrawal of co-conspirator
A coconspirator may be relieved from the effects of Code Section 16-4-8 if he can show that before the overt act occurred he withdrew his agreement to commit a crime.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 14.
Formerly Code 1933, § 26-3202.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-4-10
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 4. Criminal Attempt, Conspiracy, and Solicitation (Refs & Annos)
§ 16-4-10. Domestic terrorism
(a) As used in this Code section, “domestic terrorism” means any violation of, or attempt to violate, the laws of this state or of the United States which:
(1) Is intended or reasonably likely to injure or kill not less than ten individuals as part of a single unlawful act or a series of unlawful acts which are interrelated by distinguishing characteristics; and
(2)(A) Is intended to intimidate the civilian population of this state, any of its political subdivisions, or of the United States;
(B) Is intended to alter, change, or coerce the policy of the government of this state or any of its political subdivisions by intimidation or coercion; or
(C) Is intended to affect the conduct of the government of this state or any of its political subdivisions by use of destructive devices, assassination, or kidnapping.
(b) Notwithstanding any other provision of law, any person who commits, attempts to commit, conspires to commit, or solicits, coerces, or intimidates another to commit a violation of the laws of this state or of the United States for the purpose of domestic terrorism shall, except in cases for which the death penalty may be imposed and the state has served notice of its intention to seek the death penalty, be sentenced to the maximum term of imprisonment and a fine not to exceed the amount prescribed by Code Section 17-10-8, which penalty shall not be suspended, stayed, probated, or withheld.
(c) In addition to any other provision of law, evidence that a person committed an offense for which the death penalty may be imposed under the laws of this state for the purpose of domestic terrorism shall be admissible during the sentencing phase as a statutory aggravating circumstance. It shall be the duty of the judge to consider, or to instruct the jury to consider, in addition to the statutory aggravating circumstances provided in Code Section 17-10-30, that the offense was committed for the purpose of domestic terrorism.
CREDIT(S)
Laws 2002, p. 1284, § 2.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 5, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 5, Art. 1, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Article 1. Homicide
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-1
Effective: April 29, 2009
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 16-5-1. Murder
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.
(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 783; Laws 1968, p. 1249, § 1; Laws 2009, Act 62, § 1, eff. April 29, 2009.
Formerly Code 1863, § 4217; Code 1868, § 4254; Code 1873, § 4320; Code 1882, § 4320; Penal Code 1895, § 60; Penal Code 1910, § 60; Code 1933, § 26-1002; Code 1933, § 26-1101.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-2
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 16-5-2. Voluntary manslaughter
(a) A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
(b) A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, pp. 783, 784; Laws 1858, p. 99, § 1; Laws 1968, p. 1249, § 1.
Formerly Code 1863, §§ 4222, 4223; Code 1868, §§ 4259, 4260; Code 1873, §§ 4325, 4326; Code 1882, §§ 4325, 4326; Penal Code 1895, §§ 65, 66; Penal Code 1910, §§ 65, 66; Code 1933, §§ 26-1007, 26-1008; Code 1933, § 26-1102.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-3
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 16-5-3. Involuntary manslaughter
(a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(b) A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for a misdemeanor.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 784; Laws 1951, p. 737, § 1; Laws 1968, p. 1249, § 1; Laws 1984, p. 397, § 1.
Formerly Code 1863, §§ 4224, 4225, 4226; Code 1868, §§ 4261, 4262, 4263; Code 1873, §§ 4327, 4328, 4329; Code 1882, §§ 4327, 4328, 4329; Penal Code 1895, §§ 67, 68, 69; Penal Code 1910, §§ 67, 68, 69; Code 1933, §§ 26-1009, 26-1010; Code 1933, § 26-1103.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-4
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 16-5-4. Death not have to occur within certain time to be homicide
In order to be a homicide punishable under this article, death need not have occurred within a year and a day from the date of the injury alleged to have caused such death.
CREDIT(S)
Laws 1991, p. 719, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-5
Effective: May 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 16-5-5. Assisted Suicide
(a) As used in this Code section, the term:
(1) “Assists” means the act of physically helping or physically providing the means.
(2) “Health care provider” means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43.
(3) “Suicide” means the intentional and willful termination of one's own life.
(b) Any person with actual knowledge that a person intends to commit suicide who knowingly and willfully assists such person in the commission of such person's suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
(c) The provisions of this Code section shall not apply to:
(1) Pursuant to a patient's consent, any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death;
(2) Pursuant to a patient's consent, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration;
(3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death;
(4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or
(5) Any person advocating on behalf of a patient in accordance with this subsection.
(d) Within ten days of a conviction, a health care provider who is convicted of violating this Code section shall notify in writing the applicable licensing board for his or her licensure, certification, registration, or other authorization to conduct such health care provider's occupation. Upon being notified and notwithstanding any law, rule, or regulation to the contrary, the appropriate licensing board shall revoke the license, certification, registration, or other authorization to conduct such health care provider's occupation.
CREDIT(S)
Laws 2012, Act 639, § 1, eff. May 1, 2012.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 5, Art. 2, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Article 2. Assault and Battery
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-20
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-20. Simple assault
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
(b) Except as provided in subsections (c) through (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “public transit vehicle” means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state.
(d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.
(e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “school property” shall include public school buses and stops for public school buses as designated by local school boards of education.
(g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(h) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) Any person for any medical treatment of the pregnant woman or her unborn child; or
(3) Any woman with respect to her unborn child.
For the purposes of this subsection, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 787; Laws 1968, p. 1249, § 1; Laws 1991, p. 971, §§ 1, 2; Laws 1999, p. 381, § 2; Laws 1999, p. 562, § 2; Laws 2004, Act 560, § 1, eff. July 1, 2004; Laws 2005, Act 19, § 16, eff. April 7, 2005; Laws 2006, Act 654, § 1, eff. July 1, 2006.
Formerly Code 1863, §§ 4256, 4257; Code 1868, §§ 4291, 4292; Code 1873, §§ 4357, 4358; Code 1882, §§ 4357, 4358; Penal Code 1895, §§ 95, 96; Penal Code 1910, §§ 95, 96; Code 1933, §§ 26-1401, 26-1402; Code 1933, § 26-1301.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-21
Effective: May 13, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-21. Aggravated assault
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e)(1) As used in this subsection, the term “correctional officer” shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term “correctional officer” shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term “vehicle” includes without limitation any railcar.
(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.
(k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(l) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term “officer of the court” means a judge, attorney, clerk of court, deputy clerk of court, court reporter, court interpreter, or probation officer.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, pp. 787-789; Laws 1840, Cobb's 1851 Digest, p. 788; Laws 1866, p. 151, § 1; Laws 1968, p. 1249, § 1; Laws 1976, p. 543, § 1; Laws 1982, p. 1242, § 2; Laws 1984, p. 900, § 1; Laws 1985, p. 628, § 1; Laws 1991, p. 971, §§ 3, 4; Laws 1994, p. 1012, § 8; Laws 1994, p. 1920, §§ 1, 2; Laws 1996, p. 988, § 1; Laws 1997, p. 1453, § 1; Laws 1999, p. 381, § 3; Laws 2000, p. 1626, § 1; Laws 2003, Act 9, § 16, eff. May 14, 2003; Laws 2004, Act 793, § 1, eff. July 1, 2004; Laws 2006, Act 571, § 4, eff. July 1, 2006; Laws 2010, Act 646, § 1, eff. July 1, 2010; Laws 2011, Act 245, § 16, eff. May 13, 2011.
Formerly Code 1863, §§ 4250, 4258, 4259, 4260; Code 1868, §§ 4285, 4293, 4294, 4295; Code 1873, §§ 4351, 4359, 4360, 4361; Code 1882, §§ 4351, 4359, 4360, 4361; Penal Code 1895, §§ 97, 98, 99, 100; Penal Code 1910, §§ 97, 98, 99, 100; Code 1933, §§ 26-1403, 26-1404, 26-1405, 26-1406; Code 1933, § 26-1302.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-22
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-22. Assault conviction lawful though intended crime was committed
A person may be convicted of the offense of assault with intent to commit a crime if the crime intended was actually committed as a result of the assault but may not be convicted of both the assault and completed crime.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1303.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-23
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-23. Simple battery
(a) A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
(b) Except as otherwise provided in subsections (c) through (i) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.
(c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.
(e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.
(g) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of simple battery against a person who is admitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature.
(h) Any person who commits the offense of simple battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For the purposes of this Code section, the term “sports official” means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.
(i) Any person who commits the offense of simple battery against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “school property” shall include public school buses and stops for public school buses as designated by local school boards of education.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 788; Laws 1968, p. 1249, § 1; Laws 1987, p. 557, § 1; Laws 1991, p. 971, §§ 5, 6; Laws 1992, p. 2055, § 1; Laws 1993, p. 91, § 16; Laws 1997, p. 907, § 1; Laws 1999, p. 381, § 4; Laws 1999, p. 562, § 3; Laws 2000, p. 16, § 1; Laws 2004, Act 560, § 2, eff. July 1, 2004; Laws 2005, Act 19, § 16, eff. April 7, 2005; Laws 2011, Act 56, § 3, eff. July 1, 2011.
Formerly Code 1863, § 4262; Code 1868, § 4297; Code 1873, § 4363; Code 1882, § 4363; Penal Code 1895, § 102; Penal Code 1910, § 102; Code 1933, § 26-1408; Code 1933, § 26-1304.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-23.1
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-23.1. Battery
(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
(b) As used in this Code section, the term “visible bodily harm” means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d) through (l) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $ 1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.
(f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows:
(1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and
(2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
(g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(i) Any person who commits the offense of battery against a teacher or other school personnel engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. For purposes of this Code section, “school property” shall include public school buses and public school bus stops as designated by local school boards of education.
(j) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(k) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both.
(l) Any person who commits the offense of battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, the term “sports official” means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.
CREDIT(S)
Laws 1987, p. 1010, § 1; Laws 1991, p. 971, §§ 7, 8; Laws 1996, p. 449, § 1; Laws 1997, p. 907, § 2; Laws 1997, p. 1064, § 9; Laws 1998, p. 128, § 16; Laws 1999, p. 562, § 4; Laws 2000, p. 16, § 1; Laws 2004, Act 560, § 3, eff. July 1, 2004; Laws 2011, Act 56, § 4, eff. July 1, 2011.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-24
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-24. Aggravated battery
(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
(b) Except as provided in subsections (c) through (h) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
(d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(e)(1) As used in this subsection, the term “correctional officer” shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term “correctional officer” shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
(f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(h) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, pp. 786, 787; Laws 1968, p. 1249, § 1; Laws 1976, p. 543, § 2; Laws 1982, p. 3, § 16; Laws 1984, p. 900, § 2; Laws 1985, p. 628, § 2; Laws 1991, p. 971, §§ 9, 10; Laws 1994, p. 1012, § 9; Laws 1996, p. 988, § 2; Laws 1997, p. 1453, § 1; Laws 1999, p. 381, § 5; Laws 2000, p. 1626, § 2; Laws 2003, Act 9, § 16, eff. May 14, 2003.
Formerly Code 1863, § 4238; Code 1868, § 4273; Code 1873, § 4339; Code 1882, § 4339; Penal Code 1895, § 83; Penal Code 1910, § 83; Code 1933, § 26-1201; Code 1933, § 26-1305.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-25
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-25. Opprobrious or abusive language may be justification
A person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 786; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4576; Code 1868, § 4597; Code 1873, § 4694; Code 1882, § 4694; Penal Code 1895, § 103; Penal Code 1910, § 103; Code 1933, § 26-1409; Code 1933, § 26-1306.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-26
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-26. Notice of conviction; publication
(a) The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-20 and is sentenced pursuant to subsection (d) of such Code section, Code Section 16-5-23 and is sentenced pursuant to subsection (f) of such Code section, or Code Section 16-5-23.1 shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest; the name and address of the convicted person; the date, time, and place of arrest; and the disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed.
(c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.
CREDIT(S)
Laws 2004, Act 560, § 3A, eff. July 1, 2004; Laws 2005, Act 19, § 16, eff. April 7, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-27
Effective: January 1, 2013
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-27. Female genital mutilation
(a) Any person:
(1) Who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female under 18 years of age;
(2) Who is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or
(3) Who knowingly removes or causes or permits the removal of a female under 18 years of age from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female
shall be guilty of female genital mutilation.
(b) A person convicted of female genital mutilation shall be punished by imprisonment for not less than five nor more than 20 years.
(c) This Code section shall not apply to procedures performed by or under the direction of a physician, a registered professional nurse, a certified nurse midwife, or a licensed practical nurse licensed pursuant to Chapter 34 or 26, respectively, of Title 43 when necessary to preserve the physical health of the female. This Code section shall also not apply to any autopsy or limited dissection as defined by Code Section 45-16-21 which is conducted in accordance with Article 2 of Chapter 16 of Title 45.
(d) Consent of the female under 18 years of age or the parent, guardian, or custodian of the female under 18 years of age shall not be a defense to the offense of female genital mutilation. Religion, ritual, custom, or standard practice shall not be a defense to the offense of female genital mutilation.
(e) The statutory privileges provided by Chapter 5 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under 18 years of age, but such person shall be compellable to give evidence only on the specific act for which the accused is charged.
CREDIT(S)
Laws 2005, Act 157, § 1, eff. July 1, 2005; Laws 2011, Act 52, § 25, eff. Jan. 1, 2013.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-28
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-28. Assault of unborn child
(a) For the purposes of this Code section, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.
(b) A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child.
(c) Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor.
(d) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) Any person for any medical treatment of the pregnant woman or her unborn child; or
(3) Any woman with respect to her unborn child.
CREDIT(S)
Laws 2006, Act 654, § 1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-29
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 2. Assault and Battery (Refs & Annos)
§ 16-5-29. Battery of an unborn child
(a) For the purposes of this Code section, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.
(b) A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child.
(c) A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor.
(d) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) Any person for any medical treatment of the pregnant woman or her unborn child; or
(3) Any woman with respect to her unborn child.
CREDIT(S)
Laws 2006, Act 654, § 1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 5, Art. 3, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Article 3. Kidnapping, False Imprisonment, and Related Offenses
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-40
Effective: July 1, 2009
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-40. Kidnapping
(a) A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.
(b)(1) For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense.
(2) Movement shall not be considered merely incidental to another offense if it:
(A) Conceals or isolates the victim;
(B) Makes the commission of the other offense substantially easier;
(C) Lessens the risk of detection; or
(D) Is for the purpose of avoiding apprehension.
(c) The offense of kidnapping shall be considered a separate offense and shall not merge with any other offense.
(d) A person convicted of the offense of kidnapping shall be punished by:
(1) Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older;
(2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age;
(3) Life imprisonment or death if the kidnapping was for ransom; or
(4) Life imprisonment or death if the person kidnapped received bodily injury.
(e) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(f) The offense of kidnapping is declared to be a continuous offense, and venue may be in any county where the accused exercises dominion or control over the person of another.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 788; Laws 1876, p. 39, § 1; Laws 1880-81, p. 74, § 1; Laws 1937, p. 489, § 1; Laws 1953, Nov.-Dec. Sess., p. 99, § 1; Laws 1968, p. 1249, § 1; Laws 1982, p. 970, § 1; Laws 1994, p. 1959, § 4; Laws 2006, Act 571, § 5, eff. July 1, 2006; Laws 2009, Act 88, § 1, eff. July 1, 2009.
Formerly Code 1863, §§ 4266, 4267; Code 1868, §§ 4301, 4302; Code 1873, §§ 4367, 4368; Code 1882, §§ 4367, 4368; Penal Code 1895, §§ 109, 110; Penal Code 1910, §§ 109, 110; Code 1933, §§ 26-1601, 26-1602, 26-1603; Code 1933, § 26-1311.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-41
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-41. False imprisonment
(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
(b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
(c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 788; Laws 1968, p. 1249, § 1; Laws 2006, Act 571, § 6, eff. July 1, 2006.
Formerly Code 1863, §§ 4263, 4264; Code 1868, §§ 4298, 4299; Code 1873, §§ 4364, 4365; Code 1882, §§ 4364, 4365; Penal Code 1895, §§ 106, 107; Penal Code 1910, §§ 106, 107; Code 1933, §§ 26-1501, 26-1502; Code 1933, § 26-1308.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-42
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-42. False imprisonment under color of legal process
When the arrest, confinement, or detention of a person by warrant, mandate, or process is manifestly illegal and shows malice and oppression, an officer issuing or knowingly and maliciously executing the same shall, upon conviction thereof, be removed from office and punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 788; Laws 1895, p. 63, §§ 1, 2; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4265; Code 1868, § 4300; Code 1873, § 4366; Code 1882, § 4366; Penal Code 1895, § 108; Penal Code 1910, § 108; Code 1933, § 26-1503; Code 1933, § 26-1309.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-43
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-43. Malicious confinement of sane person
A person who maliciously causes the confinement of a sane person, knowing such person to be sane, in any asylum, public or private, shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1890-91, p. 237, § 4; Laws 1968, p. 1249, § 1.
Formerly Penal Code 1895, § 560; Penal Code 1910, § 575; Code 1933, § 26-1504; Code 1933, § 26-1310.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-44
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-44. Aircraft hijacking
(a) A person commits the offense of hijacking an aircraft when he (1) by use of force or (2) by intimidation by the use of threats or coercion places the pilot of an aircraft in fear of immediate serious bodily injury to himself or to another and causes the diverting of an aircraft from its intended destination to a destination dictated by such person.
(b) The offense of hijacking is declared to be a continuing offense from the point of beginning, and jurisdiction to try a person accused of the offense of hijacking shall be in any county of this state over which the aircraft is operated.
(c) A person convicted of the offense of hijacking an aircraft shall be punished by death or life imprisonment.
CREDIT(S)
Laws 1969, p. 741, § 1.
Formerly Code 1933, § 26-3301.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-44.1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-44.1. Motor vehicle hijacking
(a) As used in this Code section:
(1) “Firearm” means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and includes stun guns and tasers as defined by subsection (a) of Code Section 16-11-106, as amended, and any replica, article, or device having the appearance of a firearm.
(2) “Motor vehicle” means any vehicle which is self-propelled.
(3) “Weapon” means an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death or any replica, article, or device having the appearance of such a weapon including, but not limited to, any object defined as a weapon by Code Section 16-11-127.1 or as a dangerous weapon by Code Section 16-11-121.
(b) A person commits the offense of hijacking a motor vehicle when such person while in possession of a firearm or weapon obtains a motor vehicle from the person or presence of another by force and violence or intimidation or attempts or conspires to do so.
(c) A person convicted of the offense of hijacking a motor vehicle shall be punished by imprisonment for not less than ten nor more than 20 years and a fine of not less than $10,000.00 nor more than $100,000.00, provided that any person who has previously committed an offense under the laws of the United States or of Georgia or of any of the several states or of any foreign nation recognized by the United States which if committed in Georgia would have constituted the offense of hijacking a motor vehicle shall be punished by imprisonment for life and a fine of not less than $100,000.00 nor more than $500,000.00. For purposes of this subsection, “state” shall include the District of Columbia and any territory, possession, or dominion of the United States.
(d) The offense of hijacking a motor vehicle shall be considered a separate offense and shall not merge with any other offense; and the punishment prescribed by subsection (c) of this Code section shall not be deferred, suspended, or probated.
(e) Any property which is used, intended for use, derived, or realized, directly or indirectly, from a violation of this Code section is forfeited to the state and no property interest shall exist therein. Any action declaring such forfeiture shall be governed by the provisions of Code Section 16-13-49.
CREDIT(S)
Laws 1994, p. 1625, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-45
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-45. Interference with custody
(a) As used in this Code section, the term:
(1) “Child” means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2.
(2) “Committed person” means any child or other person whose custody is entrusted to another individual by authority of law.
(3) “Lawful custody” means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-45, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction.
(4) “Service provider” means an entity that is registered with the Department of Human Services pursuant to Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or an agent or employee acting on behalf of such entity or child welfare agency.
(b)(1) A person commits the offense of interference with custody when without lawful authority to do so, the person:
(A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person;
(B) Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if:
(i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5;
(ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or
(iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or
(C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.
(2) A person convicted of the offense of interference with custody shall be punished as follows:
(A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500. 00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;
(B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and
(C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(c)(1) A person commits the offense of interstate interference with custody when without lawful authority to do so the person knowingly or recklessly takes or entices any minor or committed person away from the individual who has lawful custody of such minor or committed person and in so doing brings such minor or committed person into this state or removes such minor or committed person from this state.
(2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation.
(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1978, p. 1420, § 1; Laws 1982, p. 970, § 2; Laws 1986, p. 1325, § 1; Laws 1987, p. 561, § 1; Laws 1999, p. 81, § 16; Laws 2000, p. 20, § 5; Laws 2011, Act 115, § 2, eff. July 1, 2011.
Formerly Code 1933, § 26-1312.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-46
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping, False Imprisonment, and Related Offenses (Refs & Annos)
§ 16-5-46. Trafficking a person for labor or sexual servitude
(a) As used in this Code section, the term:
(1) “Coercion” means:
(A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person;
(B) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule;
(C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person;
(D) Providing a controlled substance, as such term is defined by Code Section 16-13-21, to such person for the purpose of compelling such person to engage in labor or sexual servitude against his or her will; or
(E) Causing or threatening to cause financial harm to any person or using financial control over any person.
(2) “Deception” means:
(A) Creating or confirming another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;
(B) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt; or
(C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section.
(3) “Labor servitude” means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception.
(4) “Performance” shall have the same meaning as set forth in Code Section 16-12-100.
(5) “Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100.
(6) “Sexual servitude” means:
(A) Any sexually explicit conduct or performance involving sexually explicit conduct for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or
(B) Any sexually explicit conduct or performance involving sexually explicit conduct which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years.
(b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects another person to or maintains another person in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude.
(c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects another person to or maintains another person in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude.
(d) The age of consent for sexual activity or the accused's lack of knowledge of the age of the person being trafficked shall not constitute a defense in a prosecution for a violation of this Code section.
(e) The sexual history or history of commercial sexual activity of a person alleged to have been trafficked or such person's connection by blood or marriage to an accused in the case or to anyone involved in such person's trafficking shall be excluded from evidence if the court finds at a hearing outside the presence of the jury that the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.
(f)(1) Except as provided in paragraph (2) of this subsection, any accused who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years, a fine not to exceed $100,000.00, or both.
(2) Any accused who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years, a fine not to exceed $100,000.00, or both; provided, however, that if the offense is committed against a person under 18 years of age and such person under the age of 18 years was coerced or deceived into being trafficked for labor or sexual servitude, the accused shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment, a fine not to exceed $100,000.00, or both.
(g) All real and personal property of every kind used or intended for use in the course of, derived from, or realized through a violation of this Code section shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure set forth in Code Section 16-14-7. Prosecuting attorneys and the Attorney General may commence forfeiture proceedings under this Code section.
(h) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto.
(i) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense.
(j) A corporation may be prosecuted under this Code section for an act or omission constituting a crime under this Code section only if an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of his or her employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring.
CREDIT(S)
Laws 2006, Act 457, § 3, eff. July 1, 2007; Laws 2011, Act 54, § 1, eff. July 1, 2011.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 5, Art. 4, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Article 4. Reckless Conduct
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-60
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 4. Reckless Conduct (Refs & Annos)
§ 16-5-60. Reckless conduct; HIV infected persons
(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
(c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act;
(2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person's body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person's body and where that infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to such use;
(3) Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;
(4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to soliciting that act of sodomy; or
(5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person's being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part,
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years.
(d) A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:
(1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officer's performance of his or her official duties; or
(2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officer's performance of his or her official duties is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1988, p. 1799, § 3; Laws 2003, Act 54, § 1, eff. July 1, 2003.
Formerly Code 1933, § 26-2910.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-61
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 4. Reckless Conduct (Refs & Annos)
§ 16-5-61. Hazing students in connection with membership, etc., in school organization
(a) As used in this Code section, the term:
(1) “Haze” means to subject a student to an activity which endangers or is likely to endanger the physical health of a student, regardless of a student's willingness to participate in such activity.
(2) “School” means any school, college, or university in this state.
(3) “School organization” means any club, society, fraternity, sorority, or a group living together which has students as its principal members.
(4) “Student” means any person enrolled in a school in this state.
(b) It shall be unlawful for any person to haze any student in connection with or as a condition or precondition of gaining acceptance, membership, office, or other status in a school organization.
(c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
CREDIT(S)
Laws 1988, p. 694, § 1; Laws 1990, p. 1690, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-70
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 5. Cruelty to Children
§ 16-5-70. Cruelty to children
(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.
(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.
(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years.
(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.
CREDIT(S)
Laws 1878-79, p. 162, § 3; Laws 1968, p. 1249, § 1; Laws 1978, p. 228, § 1; Laws 1981, p. 683, § 1; Laws 1995, p. 957, § 2; Laws 1996, p. 1071, § 1; Laws 1999, p. 381, § 6; Laws 2004, Act 439, § 3, eff. July 1, 2004.
Formerly Code 1882, § 4612h; Penal Code 1895, § 708; Penal Code 1910, § 758; Code 1933, § 26-8001; Code 1933, § 26-2801.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-71
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 5. Cruelty to Children
§ 16-5-71. Tattooing the body of any person under the age of 18
(a) It shall be unlawful for any person to tattoo the body of any person under the age of 18, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 18 by pricking in coloring matter or by producing scars for medical or cosmetic purposes.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1987, p. 443, § 1; Laws 1994, p. 446, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-71.1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 5. Cruelty to Children
§ 16-5-71.1. Piercing the body of any person under the age of 18
(a) It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior written consent of a custodial parent or guardian of such minor is obtained; provided, however, that the prohibition contained in this subsection shall not apply if:
(1) Such person has been furnished with proper identification showing that the individual is 18 years of age or older; and
(2) The person reasonably believes such minor to be 18 years of age or older.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1996, p. 645, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-72
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 5. Cruelty to Children
§ 16-5-72. Reckless abandonment of a child
(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of one year commits the offense of reckless abandonment of a child when the person willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 25 years.
CREDIT(S)
Laws 1989, p. 1605, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-73
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 5. Cruelty to Children
§ 16-5-73. Definitions
(a) As used in this Code section, the term:
(1) “Chemical substance” means anhydrous ammonia, as defined in Code Section 16-11-111; ephedrine, pseudoephedrine, or phenylpropanolamine, as those terms are defined in Code Section 16-13-30.3; or any other chemical used in the manufacture of methamphetamine.
(2) “Child” means any individual who is under the age of 18 years.
(3) “Intent to manufacture” means but is not limited to the intent to manufacture methamphetamine, which may be demonstrated by a chemical substance's usage, quantity, or manner or method of storage, including but not limited to storing it in proximity to another chemical substance or equipment used to manufacture methamphetamine.
(4) “Methamphetamine” means methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Code Section 16-13-26.
(5) “Serious injury” means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening.
(b)(1) Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years.
(2) Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.
CREDIT(S)
Laws 2004, Act 439, § 4, eff. July 1, 2004; Laws 2005, Act 19, § 16, eff. April 7, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-80
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 6. Feticide
§ 16-5-80. Feticide
(a) For the purposes of this Code section, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.
(b) A person commits the offense of feticide if he or she willfully and without legal justification causes the death of an unborn child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child.
(c) A person convicted of the offense of feticide shall be punished by imprisonment for life.
(d) A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide.
(e) A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years.
(f) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) Any person for any medical treatment of the pregnant woman or her unborn child; or
(3) Any woman with respect to her unborn child.
CREDIT(S)
Laws 1982, p. 2499, § 1; Laws 2006, Act 654, § 2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 5, Art. 7, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Article 7. Stalking
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-90
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 7. Stalking (Refs & Annos)
§ 16-5-90. Stalking
(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms “computer” and “computer network” shall have the same meanings as set out in Code Section 16-9-92; the term “contact” shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term “place or places” shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term “harassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person's consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.
(b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.
(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person's immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation.
CREDIT(S)
Laws 1993, p. 1534, § 1; Laws 1998, p. 885, § 1; Laws 2000, p. 1283, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-91
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 7. Stalking (Refs & Annos)
§ 16-5-91. Aggravated stalking
(a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years and by a fine of not more than $ 10,000.00. The provisions of subsection (d) of Code Section 16-5-90 apply to sentencing for conviction of aggravated stalking.
CREDIT(S)
Laws 1993, p. 1534, § 1; Laws 1995, p. 911, § 1; Laws 1998, p. 885, § 2; Laws 2002, p. 862, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-92
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 7. Stalking (Refs & Annos)
§ 16-5-92. Exceptions
The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in activities protected by the Constitution of the United States or of this state or to persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in the practice of a profession.
CREDIT(S)
Laws 1993, p. 1534, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-93
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 7. Stalking (Refs & Annos)
§ 16-5-93. Victims entitled to notice of release from custody of person arrested for and charged with stalking or aggravated stalking
(a) The victim of stalking or aggravated stalking shall be entitled to notice of the release from custody of the person arrested for and charged with the offense of stalking or aggravated stalking and to notice of any hearing on the issue of bail for such person. No such notice shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number to which such notice can be directed.
(b) The law enforcement agency, prosecutor, or court directly involved with the victim at the outset of a criminal prosecution for the offense of stalking or aggravated stalking shall advise the victim of his or her right to notice and of the requirement of the victim's providing a landline telephone number other than a pocket pager or electronic communication device number to which the notice of custodial release or bail hearing can be directed. Such victim shall transmit the telephone number described in this subsection to the court and custodian of the person charged with stalking or aggravated stalking.
(c) Upon receipt of the telephone number, the custodian of the person charged with stalking or aggravated stalking shall take reasonable and necessary steps under the circumstances to notify the victim of the person's release from custody. Such notice shall, at a minimum, include:
(1) Prior to the person's release, placing a telephone call to the number provided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine; and
(2) Following the person's release, if the custodian is unable to notify the victim by the method provided in paragraph (1) of this subsection, telephoning the number provided by the victim no less than two times in no less than 15 minute intervals within one hour of custodial release and giving notice to the victim or to any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.
(d) Upon receipt of the telephone number, the court conducting a hearing on the issue of bail shall take reasonable and necessary steps under the circumstances to notify the victim of any scheduled hearing on the issue of bail. Such notice shall, at a minimum, include placing a telephone call to the number provided by the victim prior to any scheduled hearing on the issue of bail.
(e) Notwithstanding any other provision of this Code section, a scheduled bail hearing or the release of the person charged with stalking or aggravated stalking shall not be delayed solely for the purpose of effectuating notice pursuant to this Code section for a period of more than 30 minutes.
(f) Upon the person's release or escape from custody after conviction and service of all or a portion of a sentence, notification to the victim shall be provided by the State Board of Pardons and Paroles as set forth in Code Sections 42-9-46 and 42-9-47.
(g) This Code section shall not apply to a custodian who is transferring a person charged with stalking or aggravated stalking to another custodian in this state.
(h) As used in this Code section, the term “custodian” means a warden, sheriff, jailer, deputy sheriff, police officer, officer or employee of the Department of Juvenile Justice, or any other law enforcement officer having actual custody of an inmate.
(i) A custodian or his or her employing agency shall not be liable in damages for a failure to provide the notice required by this Code section, but the custodian shall be subject to appropriate disciplinary action including termination for such failure.
CREDIT(S)
Laws 1993, p. 1534, § 1; Laws 1997, p. 1453, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-94
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 7. Stalking (Refs & Annos)
§ 16-5-94. Restraining orders, protective orders, and approval of consent orders to prevent recurrence of stalking
(a) A person who is not a minor who alleges stalking by another person may seek a restraining order by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition.
(b) Jurisdiction for such a petition shall be the same as for family violence petitions as set out in Code Section 19-13-2.
(c) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking by the respondent has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from stalking. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner.
(d) The court may grant a protective order or approve a consent agreement to bring about a cessation of conduct constituting stalking. Orders or agreements may:
(1) Direct a party to refrain from such conduct;
(2) Order a party to refrain from harassing or interfering with the other;
(3) Award costs and attorney's fees to either party; and
(4) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of stalking.
(e) The provisions of subsections (c) and (d) of Code Section 19-13-3, subsections (b), (c), and (d) of Code Section 19-13-4, and Code Section 19-13-5, relating to family violence petitions, shall apply to petitions filed pursuant to this Code section, except that the clerk of court may provide forms for petitions and pleadings to persons alleging conduct constituting stalking and to any other person designated by the superior court pursuant to this Code section as authorized to advise persons alleging conduct constituting stalking on filling out and filing such petitions and pleadings.
CREDIT(S)
Laws 1998, p. 885, § 3; Laws 1999, p. 81, § 16.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-95
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 7. Stalking (Refs & Annos)
§ 16-5-95. Violation of family violence order
(a) A person commits the offense of violating a family violence order when the person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which:
(1) Excludes, evicts, or excludes and evicts the person from a residence or household;
(2) Directs the person to stay away from a residence, workplace, or school;
(3) Restrains the person from approaching within a specified distance of another person; or
(4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the order.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
(c) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct.
CREDIT(S)
Laws 2003, Act 298, § 1, eff. July 1, 2003.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-96
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 7. Stalking (Refs & Annos)
§ 16-5-96. Notice of conviction; publication
(a) The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-90 or 16-5-91 shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest; the name and address of the convicted person; the date, time, and place of arrest; and the disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed.
(c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.
CREDIT(S)
Laws 2004, Act 560, § 3B, eff. July 1, 2004; Laws 2005, Act 19, § 16, eff. April 7, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-100
Effective: July 1, 2007
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 8. Protection of Elder Persons
§ 16-5-100. Cruelty to a person who is 65 years of age or older
(a) A guardian or other person supervising the welfare of or having immediate charge or custody of a person who is 65 years of age or older commits the offense of cruelty to a person who is 65 years of age or older when the person willfully deprives a person who is 65 years of age or older of health care, shelter, or necessary sustenance to the extent that the health or well-being of a person who is 65 years of age or older is jeopardized.
(b) The provisions of this Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, skilled nursing facility, hospice, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31 or any employee or agent thereof to provide health care services or shelter to any person in the absence of another legal obligation to do so.
(b.1) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge or control of a person who is 65 years of age or older who in good faith provides treatment by spiritual means alone through prayer for the person's physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person.
(c) A person convicted of the offense of cruelty to a person who is 65 years of age or older as provided in this Code section shall be punished by imprisonment for not less than one nor more than 20 years.
CREDIT(S)
Laws 2000, p. 1085, § 2; Laws 2002, p. 648, § 1; Laws 2007, Act 48, § 6, eff. July 1, 2007.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-5-110
Effective: May 11, 2007
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 5. Crimes Against the Person (Refs & Annos)
Article 9. Publishing of Notice of Conviction and Release
§ 16-5-110. Notice of conviction and release published in legal organ
(a) When a person who has been convicted of a crime for which that person is required to register under Code Section 42-1-12 makes his or her first report to a sheriff after such person's release from confinement, placement on probation, or upon establishing residency in the county, the sheriff shall cause to be published a notice of conviction and release from confinement of such person. Such notice shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest; the name and address of the convicted person; if available, the date, time, and place of arrest; and the disposition of the case. The notice shall be published at or near the time the person registers with the sheriff at least once, and, at the sheriff's option, may be published more than once, in the legal organ of the appropriate county. The notice shall include the address of the Georgia Bureau of Investigation website for additional information regarding the sexual offender registry.
(b) The convicted person for which a notice of conviction and release from confinement is published pursuant to subsection (a) of this Code section shall be assessed $25.00 for the cost of publication of such notice, and such assessment shall be imposed at the time of reporting to the sheriff's office.
(c) The sheriff, the publisher of any legal organ which publishes a notice of conviction and release from confinement, and any other person involved in the publication of an erroneous notice of conviction and release from confinement shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.
CREDIT(S)
Laws 2005, Act 74, § 1, eff. July 1, 2005; Laws 2006, Act 453, § 16, eff. April 14, 2006; Laws 2006, Act 571, § 7, eff. July 1, 2006; Laws 2007, Act 18, § 16, eff. May 11, 2007.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 6, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 6. Sexual Offenses
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-1
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-1. Rape
(a) A person commits the offense of rape when he has carnal knowledge of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 787; Laws 1866, p. 151, § 1; Laws 1960, p. 266, § 1; Laws 1968, p. 1249, § 1; Laws 1978, p. 3, § 1; Laws 1994, p. 1959, § 5; Laws 1996, p. 1115, § 1; Laws 1997, p. 6, § 2; Laws 1999, p. 666, § 1; Laws 2006, Act 571, § 8, eff. July 1, 2006; Laws 2011, Act 53, § 1, eff. July 1, 2011.
Formerly Code 1863, §§ 4248, 4249; Code 1868, §§ 4283, 4284; Code 1873, §§ 4349, 4350; Code 1882, §§ 4349, 4350; Penal Code 1895, §§ 93, 94; Penal Code 1910, §§ 93, 94; Code 1933, §§ 26-1301, 26-1302; Code 1933, § 26-2001.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-2
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-2. Sodomy; aggravated sodomy
(a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
(2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
(b)(1) Except as provided in subsection (d) of this Code section, a person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
(d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 787; Laws 1949, p. 275, § 1; Laws 1968, p. 1249, § 1; Laws 1994, p. 1959, § 7; Laws 1996, p. 1115, § 2; Laws 1997, p. 6, § 3; Laws 2000, p. 1346, § 1; Laws 2006, Act 571, § 9, eff. July 1, 2006; Laws 2011, Act 53, § 2, eff. July 1, 2011.
Formerly Code 1863, §§ 4251, 4252; Code 1868, §§ 4286, 4287; Code 1873, §§ 4352, 4353; Code 1882, §§ 4352, 4353; Penal Code 1895, §§ 382, 383; Penal Code 1910, §§ 373, 374; Code 1933, §§ 26-5901, 26-5902; Code 1933, § 26-2002.
VALIDITY
<This section has been held unconstitutional in the case of Powell v. State, 1998, 270 Ga. 327, 510 S.E.2d 18.>
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-3
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-3. Statutory rape
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1918, p. 259, §§ 1, 2; Laws 1968, p. 715, § 1; Laws 1995, p. 957, § 3; Laws 1996, p. 871, § 1; Laws 1996, p. 1115, § 3; Laws 2006, Act 571, § 10, eff. July 1, 2006.
Formerly Code 1933, §§ 26-1303, 26-1304; Code 1933, § 26-2018.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-4
Effective: May 5, 2009
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-4. Child molestation; aggravated child molestation
(a) A person commits the offense of child molestation when such person:
(1) Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or
(2) By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6. 2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.
(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
(d)(1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(2) A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age;
(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and
(C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.
(e) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while:
(1) Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or
(2) Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state.
CREDIT(S)
Laws 1950, p. 387, § 1; Laws 1953, Nov.-Dec. Sess., p. 408, § 1; Laws 1968, p. 1249, § 1; Laws 1984, p. 685, § 1; Laws 1984, p. 1495, § 1; Laws 1985, p. 283, § 1; Laws 1987, p. 617, § 1; Laws 1992, p. 6, § 16; Laws 1993, p. 715, § 1; Laws 1994, p. 1959, § 6; Laws 1995, p. 957, § 4; Laws 1997, p. 1578, § 1; Laws 2006, Act 571, § 11, eff. July 1, 2006; Laws 2009, Act 149, § 1, eff. May 5, 2009.
Formerly Code 1933, § 26-2019.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-5
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-5. Enticing a child for indecent purposes
(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c) If the victim is at least 14 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
CREDIT(S)
Laws 1950, p. 387, § 2; Laws 1953, Nov.-Dec. Sess., p. 408, § 2; Laws 1968, p. 1249, § 1; Laws 1984, p. 1495, § 2; Laws 1992, p. 6, § 16; Laws 1992, p. 2131, § 1; Laws 1995, p. 957, § 5; Laws 2006, Act 571, § 12, eff. July 1, 2006.
Formerly Code 1933, § 26-2020.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-5.1
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-5.1. Sexual assault
(a) As used in this Code section, the term:
(1) “Actor” means a person accused of sexual assault.
(2) “Intimate parts” means the genital area, groin, inner thighs, buttocks, or breasts of a person.
(3) “Psychotherapy” means the professional treatment or counseling of a mental or emotional illness, symptom, or condition.
(4) “Sexual contact” means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor.
(5) “School” means any educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used.
(b) A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person:
(1) Is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school; provided, however, that such contact shall not be prohibited when the actor is married to such other individual;
(2) Is an employee or agent of any probation or parole office and engages in sexual contact with such other individual who the actor knew or should have known is a probationer or parolee under the supervision of the same probation or parole office;
(3) Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency;
(4) Is an employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital; or
(5) Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, as such term is defined in Code Section 37-1-1, or a facility providing child welfare and youth services, as such term is defined in Code Section 49-5-3, who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility.
(c) A person who is an actual or purported practitioner of psychotherapy commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling or the actor uses the treatment or counseling relationship to facilitate sexual contact between the actor and such individual.
(d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, 31-7-12, or 31-7-12.2 or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173 commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known had been admitted to or is receiving services from such facility or the actor.
(e) Consent of the victim shall not be a defense to a prosecution under this Code section.
(f) A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than 25 years or by a fine not to exceed $100,000.00, or both; provided, however, that:
(1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of sexual assault of a child under the age of 16 years shall be punished by imprisonment for not less than 25 nor more than 50 years and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and
(2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 16 years of age and the actor is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
CREDIT(S)
Laws 1983, p. 721, § 1; Laws 1990, p. 1003, § 1; Laws 1991, p. 1108, § 1; Laws 1992, p. 6, § 16; Laws 1992, p. 1940, § 1; Laws 1999, p. 562, § 5; Laws 2006, Act 571, § 13, eff. July 1, 2006; Laws 2010, Act 389, § 2, eff. May 20, 2010; Laws 2011, Act 56, § 5, eff. July 1, 2011.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-6
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-6. Bestiality
(a) A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b) A person convicted of the offense of bestiality shall be punished by imprisonment for not less than one nor more than five years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 787; Laws 1880-81, p. 74, § 1; Laws 1968, p. 1249, § 1.
Formerly Code 1863, §§ 4253, 4254; Code 1868, §§ 4288, 4289; Code 1873, §§ 4354, 4355; Code 1882, §§ 4354, 4355; Penal Code 1895, §§ 384, 385; Penal Code 1910, §§ 375, 376; Code 1933, §§ 26-5903, 26-5904; Code 1933, § 26-2004.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-7
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-7. Necrophilia
(a) A person commits the offense of necrophilia when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b) A person convicted of the offense of necrophilia shall be punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1977, p. 315, § 1.
Formerly Code 1933, § 26-2022.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-8
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-8. Public indecency
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
(1) An act of sexual intercourse;
(2) A lewd exposure of the sexual organs;
(3) A lewd appearance in a state of partial or complete nudity; or
(4) A lewd caress or indecent fondling of the body of another person.
(b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section.
(c) Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(d) For the purposes of this Code section only, “public place” shall include jails and penal and correctional institutions of the state and its political subdivisions.
(e) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 815; Laws 1865-66, p. 233, § 2; Laws 1968, p. 1249, § 1; Laws 1991, p. 966, § 1; Laws 1992, p. 6, § 16; Laws 1996, p. 312, § 1; Laws 1996, p. 354, § 1.
Formerly Code 1863, § 4420; Code 1868, § 4461; Code 1873, § 4535; Code 1882, § 4535; Penal Code 1895, § 390; Penal Code 1910, § 381; Code 1933, § 26-6101; Code 1933, § 26-2011.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-9
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-9. Prostitution
A person commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 2001, p. 92, § 3.
Formerly Code 1933, § 26-2012.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-10
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-10. Keeping a place of prostitution
A person having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution.
CREDIT(S)
Laws 1943, p. 568, § 1; Laws 1968, p. 1249, § 1; Laws 1970, p. 236, § 3.
Formerly Code 1933, § 26-2014.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-11
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-11. Pimping
A person commits the offense of pimping when he or she performs any of the following acts:
(1) Offers or agrees to procure a prostitute for another;
(2) Offers or agrees to arrange a meeting of persons for the purpose of prostitution;
(3) Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution;
(4) Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
(5) Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis.
CREDIT(S)
Laws 1918, p. 267, § 1; Laws 1968, p. 1249, § 1; Laws 1970, p. 236, § 2; Laws 2003, Act 216, § 1, eff. June 2, 2003.
Formerly Code 1933, § 26-6201; Code 1933, § 26-2013.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-12
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-12. Pandering
A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1970, p. 236, § 5; Laws 1988, p. 1797, § 1; Laws 1998, p. 1301, § 1.
Formerly Code 1933, § 26-2016.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-13
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-13. Punishment for keeping a place of prostitution, pimping or pandering
(a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.
(b)(1) A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person who is at least 16 but less than 18 years of age shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years, a fine of not less than $2,500.00 nor more than $10,000.00, or both.
(2) A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person under the age of 16 years shall be guilty of a felony and shall be punished by imprisonment for a period of not less than ten nor more than 30 years, a fine of not more than $100,000.00, or both.
(3) Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(c)(1) The clerk of the court in which a person is convicted of pandering shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.
(d) In addition to any other penalty authorized under subsections (a) and (b) of this Code section, a person convicted of an offense enumerated in Code Sections 16-6-9 through 16-6-12 shall be fined $ 2,500.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1970, p. 236, § 4; Laws 1988, p. 1797, § 2; Laws 1992, p. 6, § 16; Laws 1998, p. 1301, § 2; Laws 2001, p. 92, § 4; Laws 2003, Act 382, § 1.1, eff. June 4, 2003; Laws 2011, Act 54, § 2, eff. July 1, 2011.
Formerly Code 1933, § 26-2015.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-13.1
Effective: July 1, 2011
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-13.1. Testing for sexually transmitted diseases of persons convicted of pandering
(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Upon a verdict or plea of guilty or a plea of nolo contendere to the offense of pandering, the court in which that verdict is returned or plea entered shall as a condition of probation or a suspended sentence require the defendant in such case to submit to testing for sexually transmitted diseases within 45 days following the date of the verdict or plea and to consent to release of the test results to the defendant's spouse if the defendant is married; provided, however, that a defendant who is not a resident of this state shall, upon a verdict or plea of guilty or a plea of nolo contendere, be ordered by the court to undergo immediate testing for sexually transmitted diseases and shall remain in the custody of the court until such testing is completed. The clerk of the court, in the case of a defendant who is a resident of this state, shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Public Health. The tests for sexually transmitted diseases required under this subsection shall be limited to the eight most common sexually transmitted diseases as determined by the Department of Public Health.
(c) The Department of Public Health, within 30 days following the notification under subsection (b) of this Code section, shall arrange for the tests for the person required to submit thereto. Such person shall bear the costs of such tests.
(d) Any person required under this Code section to submit to testing for sexually transmitted diseases who fails or refuses to submit to the tests arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was returned or plea entered to require voluntary submission to the tests.
CREDIT(S)
Laws 1998, p. 1301, § 3; Laws 2009, Act 102, § 1-4, eff. July 1, 2009; Laws 2011, Act 244, § 6-3, eff. July 1, 2011.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-13.2
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-13.2. Forfeiture of motor vehicles operated by persons convicted of pimping or pandering; exceptions
(a) As used in this Code section, the term:
(1) “Costs” means, but is not limited to:
(A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the motor vehicle; and
(B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section.
(2) “Court costs” means, but is not limited to:
(A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and
(B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section.
(3) “Governmental agency” means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.
(4) “Interest holder” means a secured party within the meaning of Code Section 11-9-102 or the beneficiary of a perfected encumbrance pertaining to an interest in a motor vehicle.
(5) “Motor vehicle” or “vehicle” means any motor vehicle as defined in Code Section 40-1-1.
(6) “Owner” means a person, other than an interest holder, who has an interest in a motor vehicle and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.
(7) “Proceeds” means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(b)(1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought by the prosecuting attorney having jurisdiction over any offense which arose out of the same conduct which made the motor vehicle subject to forfeiture. Such prosecuting attorney may bring an action pursuant to this Code section in the superior court in the county where the motor vehicle was seized or in the county where conduct occurred which made the motor vehicle subject to forfeiture.
(2) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions.
(c)(1) Any motor vehicle operated by a person to facilitate a violation of Code Section 16-6-11 where the offense involved the pimping of a person under the age of 18 years to perform an act of prostitution and involved a motor vehicle or operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within a five-year period and who is convicted or pleads nolo contendere to a third violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle within the same five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section.
(2) For the purpose of this subsection, a violation of Code Section 16-6-11 or 16-6-12 involving a motor vehicle shall mean a violation of Code Section 16-6-11 or 16-6-12 in which a motor vehicle is used to violate said Code section or in which the violation occurred.
(d) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that such owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know of the conduct;
(2) Holds the motor vehicle jointly or in common with a person whose conduct gave rise to its forfeiture and such owner did not consent to such conduct and did not know of the conduct;
(3) Does not hold the motor vehicle for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; or
(4) Acquired the interest:
(A) Before the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(ii) At the time the interest was acquired, was reasonably without cause to believe that the motor vehicle was subject to forfeiture or likely to become subject to forfeiture under this Code section.
(e)(1) Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the seizing law enforcement agency shall immediately contact the company to inform it that the vehicle is available for the company to take possession.
(2) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once.
(f)(1) A motor vehicle which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the motor vehicle. A search warrant authorizing seizure of a motor vehicle which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the motor vehicle has been the subject of a previous final judgment of forfeiture in the courts of this state. The court may order that the motor vehicle be seized on such terms and conditions as are reasonable.
(2) A motor vehicle which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the motor vehicle is subject to forfeiture under this Code section or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.
(g)(1) When a motor vehicle is seized pursuant to this Code section, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecuting attorney of the county where the seizure was made.
(2) Within 30 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (1) or (m) of this Code section.
(3) If the state fails to initiate forfeiture proceedings against a motor vehicle seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the motor vehicle must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the motor vehicle is being held as evidence.
(h)(1) Seizure of a motor vehicle by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the motor vehicle.
(2) When a motor vehicle is seized pursuant to this Code section, the prosecuting attorney, sheriff, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail or statutory overnight delivery to that address;
(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the motor vehicle but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail or statutory overnight delivery, return receipt requested, to any address on the record; or
(C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs.
(3) Notice of seizure must include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged.
(i) A motor vehicle taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the prosecuting attorney may authorize the release of the motor vehicle if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecuting attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecuting attorney. An action under this Code section may be consolidated with any other action or proceeding under this title relating to the same motor vehicle on motion by an interest holder and must be so consolidated on motion by the prosecuting attorney in either proceeding or action. The motor vehicle is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(j) If a motor vehicle is seized under this Code section, the prosecuting attorney may:
(1) Remove the motor vehicle to a place designated by the superior court having jurisdiction over the forfeiture proceeding;
(2) Remove the motor vehicle to a storage area, within the jurisdiction of the court, for safekeeping;
(3) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the motor vehicle and remove it to an appropriate location within the county where the motor vehicle was seized; or
(4) Require the sheriff or chief of police of the political subdivision where the motor vehicle was seized to take custody of the motor vehicle and remove it to an appropriate location for disposition in accordance with law.
(k) As soon as possible, but not more than 30 days after the seizure of a motor vehicle, the seizing law enforcement agency shall estimate the value of the motor vehicle seized.
(l) If the estimated value of the motor vehicle seized is $ 25,000.00 or less, the prosecuting attorney may elect to proceed under the provisions of this subsection in the following manner:
(1) Notice of the seizure of such motor vehicle shall be posted in a prominent location in the courthouse of the county in which the motor vehicle was seized. Such notice shall include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such motor vehicle has 30 days within which a claim must be filed, and the violation of law alleged;
(2) A copy of the notice, which shall include a statement that the owner of such motor vehicle has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the motor vehicle at the time of seizure as provided in subsection (h) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecuting attorney by certified mail or statutory overnight delivery, return receipt requested;
(4) The claim must be signed by the owner or interest holder under penalty of perjury and must set forth:
(A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the motor vehicle;
(D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the motor vehicle;
(E) The specific provision of this Code section relied on in asserting that the motor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought;
(5) If a claim is filed, the prosecuting attorney shall file a complaint for forfeiture as provided in subsection (m) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the motor vehicle is forfeited to the state and the prosecuting attorney shall dispose of the motor vehicle as provided in subsection (s) of this Code section.
(m)(1) When a complaint is filed pursuant to this Code section, the motor vehicle which is the subject of the action shall be named as the defendant and the action shall be in rem. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the motor vehicle with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the motor vehicle was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who was in possession of the motor vehicle at the time of seizure:
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4;
(B) If the owner, interest holder, or person who was in possession of the motor vehicle at the time of seizure is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the motor vehicle resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service; and
(C) If a motor vehicle which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the motor vehicle.
(3) An owner of or interest holder in the motor vehicle may file an answer asserting a claim against the motor vehicle in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the motor vehicle;
(D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the motor vehicle;
(E) The specific provision of this Code section relied on in asserting that the motor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought.
(4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized motor vehicle as provided for in this Code section.
(5) If an answer is filed, a hearing must be scheduled by the court to be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(n) No person claiming an interest in a motor vehicle subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action.
(o) In conjunction with any civil or criminal action brought pursuant to this Code section:
(1) The court, on application of the prosecuting attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of a motor vehicle subject to forfeiture under this Code section, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on application of the prosecuting attorney, without notice or an opportunity for a hearing, if the prosecuting attorney demonstrates that:
(A) There is probable cause to believe that the motor vehicle with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this Code section; and
(B) Provision of notice would jeopardize the availability of the motor vehicle for forfeiture;
(3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the motor vehicle. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the motor vehicle's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and
(B) The need to preserve the availability of the motor vehicle through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered;
(4) If a motor vehicle is seized for forfeiture without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the motor vehicle within 30 days after notice of its seizure or actual knowledge of such seizure, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecuting attorney where the motor vehicle was seized, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the motor vehicle then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the motor vehicle, the motor vehicle must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and
(5) The court may order a motor vehicle that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the prosecuting attorney has stipulated is exempt from forfeiture;
(B) The interest holder must dispose of the motor vehicle by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section.
(p) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere.
(q) In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing together with inferences therefrom;
(2) There is a rebuttable presumption that any motor vehicle of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that the person has engaged in conduct giving rise to forfeiture while using or operating said motor vehicle;
(3) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, the prosecuting attorney on behalf of the state must prove that the vehicle is subject to forfeiture pursuant to subsection (c) of this Code section by a preponderance of the evidence; and
(4) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, an owner of a property interest or interest holder must prove that the property is exempted from forfeiture pursuant to subsection (d) of this Code section by a preponderance of the evidence.
(r)(1) Any motor vehicle declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the motor vehicle after that time. Any motor vehicle or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (d) of this Code section.
(2) On entry of judgment for a person claiming an interest in the motor vehicle that is subject to proceedings to forfeit a motor vehicle under this Code section, the court shall order that the motor vehicle or interest in the motor vehicle be released or delivered promptly to that person.
(s)(1) When a motor vehicle is forfeited under this Code section, the court may:
(A) Order the motor vehicle to be sold, and the proceeds of such sale shall be used for payment of all expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, towing, maintenance of custody, advertising, and court costs. The remainder of the proceeds of a sale of a forfeited motor vehicle, after payment of the expenses, shall be expended by the local governing authority for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; or
(B) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal government permit the agency to retain the motor vehicle for official use in law enforcement work.
(2) Where a motor vehicle is to be sold pursuant to this subsection, the court may direct that such motor vehicle be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such motor vehicle; or
(B) Any commercially feasible means.
(t) An acquittal or dismissal in a criminal proceeding shall preclude civil proceedings under this Code section.
(u) For good cause shown, the court may stay civil forfeiture proceedings during the pendency of a related criminal action resulting from a violation of this chapter.
(v) This Code section must be liberally construed to effectuate its remedial purposes.
CREDIT(S)
Laws 1999, p. 472, § 1; Laws 2000, p. 1589, § 3; Laws 2001, p. 94, § 3; Laws 2001, p. 362, § 29.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-13.3
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-13.3. Forfeiture of proceeds or money used for or derived from pimping involving minors
(a) Any proceeds or money which is used, intended for use, used in any manner to facilitate, or derived from a violation of Code Section 16-6-11, wherein any of the persons involved in performing an act of prostitution is under the age of 18, is contraband and forfeited to the state and no person shall have a property interest in it. Such proceeds or money may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment.
(b) Within 60 days of the date of the seizure of proceeds or money pursuant to this Code section, the district attorney shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of proceeds or money which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Proceeds or money which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49, provided that no less than 50 percent of the money and proceeds forfeited under this Code section shall be distributed to the local governing authority to be distributed to local or state-wide programs serving the child victims of the crime which are funded or operated by state or local governmental agencies.
(c) If the proceeds or money subject to forfeiture cannot be located; has been transferred or conveyed to, sold to, or deposited with a third party; is beyond the jurisdiction of the court; has been substantially diminished in value while not in the actual physical custody of a receiver or governmental agency directed to maintain custody of the proceeds or money; or has been commingled with other property that cannot be divided without difficulty, the court shall order the forfeiture of any proceeds or money of a claimant or defendant up to the value of proceeds or money found by the court to be subject to forfeiture under this Code section in accordance with the procedures set forth in subsection (x) of Code Section 16-13-49.
(d) The provisions of paragraphs (3), (4), and (5) of subsection (x) and subsection (z) of Code Section 16-13-49 shall be applicable to any proceedings brought pursuant to this Code section.
CREDIT(S)
Laws 2001, p. 94, § 4; Laws 2003, Act 9, § 16, eff. May 14, 2003.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-14
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-14. Pandering by compulsion
A person commits the offense of pandering by compulsion when he or she by duress or coercion causes a person to perform an act of prostitution and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 2001, p. 92, § 5.
Formerly Code 1933, § 26-2017.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-15
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-15. Solicitation of sodomy
(a) A person commits the offense of solicitation of sodomy when he solicits another to perform or submit to an act of sodomy. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy shall be punished as for a misdemeanor.
(b) A person convicted of solicitation of sodomy when such offense involves the solicitation of a person or persons under the age of 18 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and shall be fined not less than $ 2,500.00 nor more than $ 10,000.00.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1988, p. 1797, § 3; Laws 2001, p. 92, § 6.
Formerly Code 1933, § 26-2003.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-16
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-16. Masturbation for hire
(a) A person, including a masseur or masseuse, commits the offense of masturbation for hire when he erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof.
(b) A person committing the offense of masturbation for hire shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1975, p. 402, § 1.
Formerly Code 1933, § 26-2021.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-17
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-17. Unlawful for masseur or masseuse to massage any person in certain buildings, structures or places; definitions
(a) It shall be unlawful for any masseur or masseuse to massage any person in any building, structure, or place used for the purpose of lewdness, assignation, prostitution, or masturbation for hire.
(b) As used in this Code section, the term:
(1) “Masseur” means a male who practices massage or physiotherapy, or both.
(2) “Masseuse” means a female who practices massage or physiotherapy, or both.
(c) Any person who violates this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1975, p. 402, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-18
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-18. Fornication
An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, pp. 814, 815; Laws 1865-66, p. 233, § 2; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4419; Code 1868, § 4460; Code 1873, § 4534; Code 1882, § 4534; Penal Code 1895, § 381; Penal Code 1910, § 372; Code 1933, § 26-5801; Code 1933, § 26-2010.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-19
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-19. Adultery
A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, pp. 814, 815; Laws 1865-66, p. 233, § 2; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4419; Code 1868, § 4460; Code 1873, § 4534; Code 1882, § 4534; Penal Code 1895, § 381; Penal Code 1910, § 372; Code 1933, § 26-5801; Code 1933, § 26-2009.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-20
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-20. Bigamy
(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 814; Laws 1910, p. 61, § 1; Laws 1968, p. 1249, § 1.
Formerly Code 1863, §§ 4415, 4416; Code 1868, §§ 4456, 4457; Code 1873, §§ 4530, 4531; Code 1882, §§ 4530, 4531; Penal Code 1895, §§ 376, 377, 378; Penal Code 1910, §§ 367, 368, 369; Code 1933, §§ 26-5601, 26-5602, 26-5603; Code 1933, § 26-2007.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-21
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-21. Marrying a bigamist
(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.
(b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.
(c) A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 814; Laws 1968, p. 1249, § 1.
Formerly Code 1863, § 4417; Code 1868, § 4458; Code 1873, § 4532; Code 1882, § 4532; Penal Code 1895, § 379; Penal Code 1910, § 370; Code 1933, § 26-5604; Code 1933, § 26-2008.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-22
Effective: May 20, 2010
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-22. Incest
(a) A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows:
(1) Father and child or stepchild;
(2) Mother and child or stepchild;
(3) Siblings of the whole blood or of the half blood;
(4) Grandparent and grandchild;
(5) Aunt and niece or nephew; or
(6) Uncle and niece or nephew.
(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 814; Laws 1886, p. 30, § 1; Laws 1916, p. 51, § 1; Laws 1968, p. 1249, § 1; Laws 2006, Act 571, § 14, eff. July 1, 2006; Laws 2010, Act 389, § 3, eff. May 20, 2010.
Formerly Code 1863, § 4418; Code 1868, § 4459; Code 1873, § 4533; Code 1882, § 4533; Penal Code 1895, § 380; Penal Code 1910, § 371; Code 1933, § 26-5701; Code 1933, § 26-2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-22.1
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-22.1. Sexual battery
(a) For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
(c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
(d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
CREDIT(S)
Laws 1990, p. 1003, § 2; Laws 2003, Act 216, § 1.1, eff. June 2, 2003; Laws 2006, Act 571, § 15, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-22.2
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-22.2. Aggravated sexual battery
(a) For the purposes of this Code section, the term “foreign object” means any article or instrument other than the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
CREDIT(S)
Laws 1990, p. 1003, § 2; Laws 1994, p. 1959, § 8; Laws 2006, Act 571, § 16, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-23
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-23. Publication of name or identity of female raped or assaulted; punishment
(a) It shall be unlawful for any news media or any other person to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this state or through any radio or television broadcast originating in the state the name or identity of any female who may have been raped or upon whom an assault with intent to commit the offense of rape may have been made.
(b) This Code section does not apply to truthful information disclosed in public court documents open to public inspection.
(c) Any person or corporation violating this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1911, p. 179, §§ 1, 2; Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-2105; Code 1933, § 26-9901.
VALIDITY
This section has been held unconstitutional in the case of Dye v. Wallace, 2001, 274 Ga. 257, 553 S.E.2d 561.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-24
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-24. Ordinances proscribing loitering for purpose of procuring others to engage in sexual acts for hire
Nothing contained in this chapter shall prevent any county or municipality from adopting ordinances which proscribe loitering or related activities in public for the purpose of procuring others to engage in any sexual acts for hire.
CREDIT(S)
Laws 1979, p. 131, § 1.
Formerly Code 1933, § 26-2023.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-6-25
Effective: May 11, 2007
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
§ 16-6-25. Assisting sexual offender in eluding law
(a) As used in this Code section, the term “law enforcement unit” means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and the State Board of Pardons and Paroles.
(b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12:
(1) Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor such sexual offender;
(2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or
(3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years.
CREDIT(S)
Laws 2006, Act 571, § 17, eff. July 1, 2006; Laws 2007, Act 18, § 16, eff. May 11, 2007.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Art. 1, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Article 1. Burglary
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-1
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 1. Burglary (Refs & Annos)
§ 16-7-1. Burglary
(a) As used in this Code section, the term:
(1) “Dwelling” means any building, structure, or portion thereof which is designed or intended for occupancy for residential use.
(2) “Railroad car” shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.
(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more that 20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years.
(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.
(d) Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 790; Laws 1858, p. 98, § 1; Laws 1865-66, p. 232, § 2; Laws 1866, p. 151, § 1; Laws 1868, p. 16, § 1; Laws 1878-79, p. 65, §§ 1, 2; Laws 1968, p. 1249, § 1; Laws 1977, p. 895, § 1; Laws 1978, p. 236, § 1; Laws 1980, p. 770, § 1; Laws 2012, Act 709, § 3-1, eff. July 1, 2012.
Formerly Code 1863, §§ 4283, 4285; Code 1868, §§ 4320, 4322; Code 1873, §§ 4386, 4388; Code 1882, §§ 4386, 4388; Penal Code 1895, §§ 149, 150; Penal Code 1910, §§ 146, 147; Code 1933, §§ 26-2401, 26-2402; Code 1933, § 26-1601.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-2
Effective: July 1, 2010
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 1. Burglary (Refs & Annos)
§ 16-7-2. Smash and grab burglary
(a) As used in this Code section, the term “retail establishment” means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment.
(b) A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent.
(c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both.
CREDIT(S)
Laws 2010, Act 674, § 6, eff. July 1, 2010.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Art. 2, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Article 2. Criminal Trespass and Damage to Property
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-20
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-20. Possession of tools for the commission of crime
(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
(b) A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.
CREDIT(S)
Laws 1910, p. 135, §§ 1, 2; Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-2701; Code 1933, § 26-1602.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-21
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-21. Criminal trespass
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $ 500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.
CREDIT(S)
Laws 1882-83, p. 121, § 1; Laws 1959, p. 173, § 1; Laws 1960, p. 142, § 1; Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 5; Laws 1979, p. 764, § 1; Laws 1985, p. 484, § 1; Laws 1985, p. 1491, § 1; Laws 1997, p. 526, § 1; Laws 2001, p. 1153, § 1.
Formerly Penal Code 1895, § 220; Penal Code 1910, § 217; Code 1933, § 26-3002; Code 1933, § 26-1503.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-22
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-22. Criminal damage to property in the first degree
(a) A person commits the offense of criminal damage to property in the first degree when he:
(1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or
(2) Knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, or other public utility service or with any constituent property thereof.
(b) A person convicted of the offense of criminal damage to property in the first degree shall be punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1501.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-23
Effective: July 1, 2008
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-23. Criminal damage to property in the second degree
(a) A person commits the offense of criminal damage to property in the second degree when he:
(1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00; or
(2) Recklessly or intentionally, by means of fire or explosive, damages property of another person.
(b) A person convicted of the offense of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than five years.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1985, p. 484, § 2; Laws 1985, p. 1491, § 2; Laws 2008, Act 530, § 2, eff. July 1, 2008.
Formerly Code 1933, § 26-1502.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-24
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-24. Criminal interference with government property
(a) A person commits the offense of interference with government property when he destroys, damages, or defaces government property and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(b) A person commits the offense of interference with government property when he forcibly interferes with or obstructs the passage into or from government property and, upon conviction thereof, shall be punished as for a misdemeanor.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-2613.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-25
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-25. Damaging, injuring or interfering with property of public utility companies, municipalities or political subdivisions
(a) It shall be unlawful for any person intentionally and without authority to injure or destroy any meter, pipe, conduit, wire, line, post, lamp, or other apparatus belonging to a company, municipality, or political subdivision engaged in the manufacture or sale of electricity, gas, water, telephone, or other public services; intentionally and without authority to prevent a meter from properly registering the quantity of such service supplied; in any way to interfere with the proper action of such company, municipality, or political subdivision; intentionally to divert any services of such company, municipality, or political subdivision; or otherwise intentionally and without authority to use or cause to be used, without the consent of the company, municipality, or political subdivision, any service manufactured, sold, or distributed by the company, municipality, or political subdivision.
(b) Where there is no evidence to the contrary, the person performing any of the illegal acts set forth in subsection (a) of this Code section and the person who with knowledge of such violation receives the benefit of such service without proper charge as a result of the improper action shall be presumed to be responsible for the act of tampering or diversion.
(c) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state or local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
(d) Any person who violates this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1897, p. 69, § 1; Laws 1916, p. 153, § 1; Laws 1957, p. 490, §§ 1-5; Laws 1976, p. 773, § 1; Laws 1978, p. 1658, § 1.
Formerly Penal Code 1910, § 783; Code 1933, §§ 26-3801, 26-3802; Code 1933, § 26-1507.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-26
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-26. Vandalism to a place of worship
(a) A person commits the offense of vandalism to a place of worship when he maliciously defaces or desecrates a church, synagogue, or other place of public religious worship.
(b) A person convicted of the offense of vandalism to a place of worship shall be punished by imprisonment for not less than one nor more than five years.
CREDIT(S)
Laws 1967, p. 457, § 1; Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1505.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-27
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-27. Injuring, tearing down or destruction of mailboxes; injuring, defacing or destruction of mail
(a) It shall be unlawful for any person willfully or maliciously to injure, tear down, or destroy any mailbox or receptacle intended or used for the receipt or delivery of mail or willfully or maliciously to injure, deface, or destroy any mail deposited therein.
(b) Any person who violates this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1979, p. 619, § 1.
Formerly Code 1933, § 26-1508.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-28
Effective: July 1, 2008
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-28. Renumbered § 16-7-63 by Laws 2008, Act 530, § 3, eff. July 1, 2008
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-29
Effective: May 20, 2010
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 1. General Provisions
§ 16-7-29. Removal, destruction, or circumvention of electronic monitoring devices; penalties
(a) For purposes of this Code section, the term “electronic monitoring device” shall include any device that is utilized to track the location of a person.
(b) It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is:
(1) Complying with a home arrest program as set forth in Code Section 42-1-8;
(2) Wearing an electronic monitoring device as a condition of bond or pretrial release;
(3) Wearing an electronic monitoring device as a condition of probation;
(4) Wearing an electronic monitoring device as a condition of parole; or
(5) Wearing an electronic monitoring device as required in Code Section 42-1-14.
(c) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (b) of this Code section.
(d) Any person who violates this Code section shall be guilty of the offense of tampering with the operation of an electronic monitoring device and shall be punished by imprisonment for not less than one nor more than five years.
CREDIT(S)
Laws 2004, Act 587, § 2, eff. Jan. 1, 2005; Laws 2005, Act 19, § 16, eff. April 7, 2005; Laws 2006, Act 453, § 16, eff. April 14, 2006; Laws 2010, Act 389, § 4, eff. May 20, 2010.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Art. 2, Pt. 2, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Article 2. Criminal Trespass and Damage to Property
Part 2. Littering Public and Private Property
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-40
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-40. Repealed by Laws 2006, Act 538, § 2-1, eff. July 1, 2006
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-41
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-41. Repealed by Laws 1981, p. 1758, § 1, eff. April 17, 1981
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-42
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-42. Definitions
As used in this part, the term:
(1) “Litter” means any discarded or abandoned:
(A) Refuse, rubbish, junk, or other waste material; or
(B) Dead animals that are not subject to the provisions of Code Section 4-5-4.
(2) “Public or private property” means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; residential or farm properties, timberlands, or forests; or any commercial or industrial property.
CREDIT(S)
Laws 1970, p. 494, § 3; Laws 1990, p. 8, § 16; Laws 1993, p. 496, § 1; Laws 2006, Act 538, § 2-1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-43
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-43. Unlawful activities
(a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless:
(1) The area is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to so use such area;
(2) The litter is placed into a nondisposable litter receptacle or container designed for the temporary storage of litter and located in an area designated by the owner or tenant in lawful possession of the property; or
(3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.
(b)(1) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
(2) In addition to the punishment provided under paragraph (1) of this subsection:
(A) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or
(B) In the sound discretion of the judge of the court, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.
(c) The court may publish the names of persons convicted of violating subsection (a) of this Code section.
(d) Any county, municipality, consolidated government, or law enforcement agency thereof of this state which is empowered by Code Section 16-7-45 or other law to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county, municipality, or consolidated government in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county, municipality, or consolidated government of this state subject to the limitations provided in subsections (e) and (f) of this Code section.
(e) No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or:
(1) Be deemed to be an employee of or receive any compensation from the state, county, municipality, consolidated government, or appointing law enforcement agency;
(2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35;
(3) Have the power or duty to enforce any traffic or other criminal laws of the state, county, municipality, or consolidated government;
(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or
(5) Be entitled to any indemnification from the state, county, municipality, or consolidated government for any injury or property damage sustained by such person as a result of attempting to enforce the littering laws of this state or any local government.
(f) Notwithstanding any law to the contrary, neither the state nor any county, municipality, or consolidated government of this state or any department, agency, board, or officer of this state or any county, municipality, or consolidated government of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of this Code section or local littering ordinances.
(g) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor.
CREDIT(S)
Laws 1970, p. 494, §§ 4, 5; Laws 1971, p. 886, § 1; Laws 1974, p. 454, § 1; Laws 1982, p. 3, § 16; Laws 1987, p. 813, § 1; Laws 1995, p. 315, § 1; Laws 2002, p. 637, § 2; Laws 2006, Act 538, § 2-1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-44
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-44. Litter dumped from vehicle or other conveyance; trier of fact; discretion
(a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this part.
(b) Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.
CREDIT(S)
Laws 1970, p. 494, § 6; Laws 1984, p. 1489, § 1; Laws 1990, p. 8, § 16; Laws 2006, Act 538, § 2-1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-45
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-45. Enforcement
All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part.
CREDIT(S)
Laws 1970, p. 494, § 7; Laws 1985, p. 149, § 16; Laws 1990, p. 8, § 16; Laws 2006, Act 538, § 2-1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-46
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-46. Receptacles to be provided
All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability of litter receptacles and requirements of this part.
CREDIT(S)
Laws 1970, p. 494, § 8; Laws 1990, p. 8, § 16; Laws 2006, Act 538, § 2-1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-47
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-47. Containers provided by local government; designation as suitable for dumping household garbage; vandalizing containers; violations
(a) As used in this Code section, the term “household garbage” means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials.
(b) The governing authority of each county, municipality, or consolidated government of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked “household garbage only,” it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage.
(c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county, municipality, or consolidated government for the dumping of trash or garbage.
(d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1979, p. 831, §§ 1-3; Laws 2006, Act 538, § 2-1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-48
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 2. Littering Public and Private Property (Refs & Annos)
§ 16-7-48. Enforcement of local laws, rules, or regulations; adoption and violation of local ordinances
(a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter.
(b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.
CREDIT(S)
Laws 1981, p. 1758, § 1; Laws 2006, Act 538, § 2-1, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Art. 2, Pt. 3, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Article 2. Criminal Trespass and Damage to Property
Part 3. Egregious Litter Control
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-50
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-50. Repealed by Laws 2006, Act 538, § 2-2, eff. July 1, 2006
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-51
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-51. Definitions
As used in this part, the term:
(1) “Biomedical waste” means that term as defined in paragraph (1.1) of Code Section 12-8-22.
(2) “Commercial purpose” means for the purpose of economic gain.
(3) “Dump” means to throw, discard, place, deposit, discharge, burn, or dispose of a substance.
(4) “Egregious litter” means all litter, as such term is defined in paragraph (1) of Code Section 16-7-42, exceeding ten pounds in weight or 15 cubic feet in volume; any discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance; or any substance or material dumped for commercial purposes.
(5) “Hazardous substance” means that term as defined in paragraph (4) of Code Section 12-8-92.
(6) “Hazardous waste” means that term as defined in paragraph (10) of Code Section 12-8-62.
CREDIT(S)
Laws 1993, p. 496, § 2; Laws 2006, Act 538, § 2-2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-52
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-52. Unlawful activities
It shall be unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit:
(1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;
(2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or
(3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation.
CREDIT(S)
Laws 1993, p. 496, § 2; Laws 2006, Act 538, § 2-2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-53
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-53. Dumping egregious litter; violations
(a) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(b) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature. Upon the second and each subsequent offense such person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(c) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in any quantity if the substance is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any egregious litter dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped egregious litter or to the restoration of an area polluted by such substance.
(e)(1) The court shall cause to be published a notice of conviction for each person convicted of violating any provision of this Code section. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal organ of the county in which the person was convicted. Such notice of conviction shall contain the name and address of the convicted person; date, time, and place of arrest; and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.
CREDIT(S)
Laws 1993, p. 496, § 2; Laws 2006, Act 538, § 2-2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-53.1
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-53.1. Violations while driving, moving, or operating a vehicle; vehicle impound
(a) Whenever a person has been arrested for a violation of Code Section 16-7-52 committed while driving, moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the person was driving, moving, or operating at the time of arrest until such time as the arrestee claiming the vehicle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee meets the conditions for release in subsection (c) of this Code section.
(b) A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the vehicle:
(1) Presents a valid driver's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle; and
(2) Is able to operate the vehicle in a safe manner and would not be in violation of Title 40.
(c) A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee only if:
(1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or
(2) The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b) of this Code section are met.
(d) A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid.
CREDIT(S)
Laws 2006, Act 538, § 2-2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-54
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-54. Litter containing articles displaying person's name; trier of fact; discretion
Whenever any egregious litter which is dumped in violation of Code Section 16-7-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.
CREDIT(S)
Laws 1993, p. 496, § 2; Laws 2006, Act 538, § 2-2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-55
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-55. Enforcement of local laws, rules, or regulations; adoption and violation of local ordinances
(a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to egregious litter or the management of solid, biomedical, or hazardous waste.
(b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling egregious litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.
CREDIT(S)
Laws 1993, p. 496, § 2; Laws 2006, Act 538, § 2-2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-56
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3. Egregious Litter Control (Refs & Annos)
§ 16-7-56. Construction
Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12.
CREDIT(S)
Laws 1993, p. 496, § 2; Laws 2006, Act 538, § 2-2, eff. July 1, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Art. 2, Pt. 3A, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Article 2. Criminal Trespass and Damage to Property
Part 3A. Placement of Posters, Signs and Advertisements
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-58
Effective: July 1, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 2. Criminal Trespass and Damage to Property (Refs & Annos)
Part 3A. Placement of Posters, Signs and Advertisements (Refs & Annos)
§ 16-7-58. Placement of posters, signs and advertisements on public or private property; permission and limitations; violations
(a) It shall be unlawful for any person to place posters, signs, or advertisements:
(1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51;
(2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; and, provided, further that no municipal, county, or consolidated government may restrict by regulation or other means the length of time a political campaign sign may be displayed or the number of signs which may be displayed on private property for which permission has been granted; or
(3) On any property zoned for commercial or industrial uses if the placement of such posters, signs, or advertisements conflicts with any zoning laws or ordinances.
(b) Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same.
(c) Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense.
(d) Any person who violates this Code section shall be punished the same as for littering under Code Section 16-7-43.
CREDIT(S)
Laws 1971, p. 624, §§ 1, 3; Laws 1983, p. 471, § 1; Laws 2001, Ex. Sess., p. 335, § 4; Laws 2006, Act 538, § 2-3, eff. July 1, 2006; Laws 2006, Act 727, § 1, eff. May 3, 2006.
Formerly Code 1981, §§ 21-1-1, 21-2-3.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Art. 3, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Article 3. Arson and Explosives
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-60
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 3. Arson and Explosives (Refs & Annos)
§ 16-7-60. Arson in the first degree
(a) A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1) Any dwelling house of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant;
(2) Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant;
(3) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured;
(4) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or
(5) Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered.
(b) A person also commits the offense of arson in the first degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section.
(c) A person convicted of the offense of arson in the first degree shall be punished by a fine of not more than $50,000.00 or by imprisonment for not less than one nor more than 20 years, or both.
CREDIT(S)
Laws 1924, p. 192, § 1; Laws 1949, p. 1118, § 2; Laws 1968, p. 1249, § 1; Laws 1976, p. 1497, § 1; Laws 1979, p. 935, § 1; Laws 2004, Act 576, § 1, eff. July 1, 2004.
Formerly Code 1933, § 26-2208; Code 1933, § 26-1401.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-61
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 3. Arson and Explosives (Refs & Annos)
§ 16-7-61. Arson in the second degree
(a) A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.
(b) A person also commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.
(c) A person convicted of the offense of arson in the second degree shall be punished by a fine of not more than $25,000.00 or by imprisonment for not less than one nor more than ten years, or both.
CREDIT(S)
Laws 1924, p. 192, § 2; Laws 1949, p. 1118, § 3; Laws 1968, p. 1249, § 1; Laws 1976, p. 1497, § 2; Laws 1979, p. 935, § 2; Laws 1985, p. 149, § 16; Laws 2004, Act 576, § 2, eff. July 1, 2004.
Formerly Code 1933, § 26-2209; Code 1933, § 26-1402.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-62
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 3. Arson and Explosives (Refs & Annos)
§ 16-7-62. Arson in the third degree
(a) A person commits the offense of arson in the third degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1) Any personal property of another without his or her consent or in which another has a security interest, including but not limited to a lien, without the consent of both and the value of the property is $25.00 or more;
(2) Any personal property when such is insured against loss or damage by fire or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more; or
(3) Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or more.
(b) A person also commits the offense of arson in the third degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section.
(c) A person convicted of the offense of arson in the third degree shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than five years, or both.
CREDIT(S)
Laws 1924, p. 192, §§ 3, 4; Laws 1949, p. 1118, § 4; Laws 1968, p. 1249, § 1; Laws 1976, p. 1497, § 3; Laws 1979, p. 935, § 3; Laws 2004, Act 576, § 3, eff. July 1, 2004.
Formerly Code 1933, § 26-2210; Code 1933, § 26-1403.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-63
Effective: July 1, 2008
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 3. Arson and Explosives (Refs & Annos)
§ 16-7-63. Engaging in certain activities relating to use of fires and ignited objects
(a) It shall be unlawful:
(1) To, with intent to damage, start, cause, or procure another to start or cause a fire in any woodlands, brush, field, or other lands that are not one's own and without the permission of the owner or the lessee having control of such property;
(2) To burn any brush, field, forest land, campfire, or debris, whether on one's own land or the lands of another, without taking the necessary precautions before, during, and after the fire to prevent the escape of such fire onto the lands of another. The escape of such fire shall be prima-facie evidence that necessary precautions were not taken;
(3) For any person to cause a fire by discarding any lighted cigarette, cigar, debris, or any other flaming or smoldering material that may cause a forest fire; or
(4) To destroy or damage any material or device used in the detection or suppression of wildfires.
(b) This Code section shall not apply to fire resulting from the operation of transportation machinery or equipment used in its normal or accustomed manner.
(c)(1) Any person who violates paragraph (2), (3), or (4) of subsection (a) of this Code section shall be guilty of a misdemeanor.
(2) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of arson of lands in the third degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-62 for arson in the third degree.
(3) Any person whose violation of paragraph (1) of subsection (a) of this Code section results in a fire that burns more than five acres that are not one's own shall be guilty of arson of lands in the second degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-61 for arson in the second degree.
(4) Any person who violates paragraph (1) of subsection (a) of this Code section under such circumstances that it was reasonably foreseeable that human life might be endangered shall be guilty of arson of lands in the first degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-60 for arson in the first degree.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 824; Laws 1865-66, p. 233, § 2; Laws 1898, p. 60, § 1; Laws 1949, p. 1118, § 8; Laws 1956, p. 737, § 8; Laws 1971, p. 577, §§ 1, 2; Laws 2008, Act 530, § 3, eff. July 1, 2008.
Formerly Code 1981 § 16-7-28
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-64
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 3. Arson and Explosives (Refs & Annos)
§ 16-7-64. Repealed by Laws 1996, p. 416, § 2, eff. May 1, 1996
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 7, Art. 4, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 7. Damage to and Intrusion Upon Property
Article 4. Bombs, Explosives, and Chemical and Biological Weapons
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-80
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-80. Definitions
As used in this article, the term:
(1) “Bacteriological weapon” or “biological weapon” means any device which is designed in such a manner as to permit the intentional release into the population or environment of microbial or other biological agents or toxins whatever their origin or method of production in a manner not otherwise authorized by law or any device the development, production, or stockpiling of which is prohibited pursuant to the “Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction,” 26 U.S.T. 583, TIAS 8063.
(2) “Commissioner” means the Safety Fire Commissioner.
(3) “Conviction” means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. Such term includes any such conviction or plea notwithstanding the fact that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the commission of an act which if committed by an adult would constitute a crime under the laws of this state.
(4) “Destructive device” means:
(A) Any explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other device which is substantially similar to such devices;
(B) Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter; provided, however, that such term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which is neither designed or redesigned for use as a weapon; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense;
(C) A weapon of mass destruction;
(D) A bacteriological weapon or biological weapon; or
(E) Any combination of parts either designed or intended for use in converting any device into a destructive device as otherwise defined in this paragraph.
(5) “Detonator” means a device containing a detonating charge that is used to initiate detonation in an explosive, including but not limited to electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors.
(6) “Director” means the director of the Georgia Bureau of Investigation.
(7) “Distribute” means the actual, constructive, or attempted transfer from one person to another.
(8) “Explosive” means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property, including but not limited to the substances designated in Code Section 16-7-81; provided, however, that the term explosive shall not include common fireworks as defined by Code Section 25-10-1, model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps unless such devices are used as a component of a destructive device.
(9) “Explosive ordnance disposal technician” or “EOD technician” means:
(A) A law enforcement officer, fire official, emergency management official, or an employee of this state or its political subdivisions or an authority of the state or a political subdivision who is certified in accordance with Code Section 35-8-13 and members of the Georgia National Guard who are qualified as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties; and
(B) An official or employee of the United States, including but not limited to a member of the armed forces of the United States, who is qualified as an explosive ordnance disposal technician under the appropriate laws and regulations when acting in the performance of his or her official duties.
(10) “Felony” means any offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to such conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of such conduct.
(11) “Hoax device” or “replica” means a device or article which has the appearance of a destructive device.
(12) “Incendiary” means a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device, including but not limited to, gasoline, kerosene, fuel oil, or a derivative of such substances.
(13) “Over-pressure device” means a frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.
(14) “Poison gas” means any toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings; provided, however, that such term shall not include:
(A) Riot control agents, smoke, and obscuration materials or medical products which are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state;
(B) Tear gas devices designed to be carried on or about the person which contain not more than one-half ounce of the chemical;
(C) Pesticides, as provided in paragraph (12) of Code Section 16-7-93.
(15) “Property” means any real or personal property of any kind including money, choses in action, and other similar interests in property.
(16) “Public building” means any structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to structures owned, operated, or leased by the state, the United States, any of the several states, or any foreign nation or any political subdivision or authority thereof; any religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association.
(17) “Weapon of mass destruction” means any device which is designed in such a way as to release radiation or radioactivity at a level which will result in internal or external bodily injury or death to any person.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-81
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-81. List of explosive materials
The following materials are explosives within the meaning of this article:
(1) Acetylides of heavy metals;
(2) Aluminum containing polymeric propellant;
(3) Aluminum ophorite explosive;
(4) Amatex;
(5) Amatol;
(6) Ammonal;
(7) Ammonium nitrate explosive mixtures, cap sensitive;
(8) Ammonium nitrate explosive mixtures, noncap sensitive;
(9) Aromatic nitro-compound explosive mixtures;
(10) Ammonium perchlorate explosive mixtures;
(11) Ammonium perchlorate composite propellant;
(12) Ammonium picrate (picrate of ammonia, Explosive D);
(13) Ammonium salt lattice with isomorphously substituted inorganic salts;
(14) Ammonium tri-iodide;
(15) ANFO (ammonium nitrate-fuel oil);
(16) Baratol;
(17) Baronol;
(18) BEAF (1,2-bis (2,2-difluoro-2-nitroacetoxyethane));
(19) Black powder;
(20) Black powder based explosive mixtures;
(21) Blasting agents, nitro-carbo-nitrates, including noncap sensitive slurry and water-gel explosives;
(22) Blasting caps;
(23) Blasting gelatin;
(24) Blasting powder;
(25) BTNEC (bis (trinitroethyl) carbonate);
(26) Bulk salutes;
(27) BTNEN (bis (trinitroethyl) nitramine);
(28) BTTN (1,2,4 butanetriol trinitrate);
(29) Butyl tetryl;
(30) Calcium nitrate explosive mixture;
(31) Cellulose hexanitrate explosive mixture;
(32) Chlorate explosive mixtures;
(33) Composition A and variations;
(34) Composition B and variations;
(35) Composition C and variations;
(36) Copper acetylide;
(37) Cyanuric triazide;
(38) Cyclotrimethylenetrinitramine (RDX);
(39) Cyclotetramethylenetetranitramine (HMX);
(40) Cyclonite (RDX);
(41) Cyclotol;
(42) DATB (diaminotrinitrobenzene);
(43) DDNP (diazodinitrophenol);
(44) DEGDN (diethyleneglycol dinitrate);
(45) Detonating cord;
(46) Detonators;
(47) Dimethylol dimethyl methane dinitrate composition;
(48) Dinitroethyleneurea;
(49) Dinitroglycerine (glycerol dinitrate);
(50) Dinitrophenol;
(51) Dinitrophenolates;
(52) Dinitrophenyl hydrazine;
(53) Dinitroresorcinol;
(54) Dinitrotoluene-sodium nitrate explosive mixtures;
(55) DIPAM;
(56) Dipicryl sulfone;
(57) Dipicrylamine;
(58) Display fireworks;
(59) DNDP (dinitropentano nitrile);
(60) DNPA (2,2-dinitropropyl acrylate);
(61) Dynamite;
(62) EDDN (ethylene diamine dinitrate);
(63) EDNA;
(64) Ednatol;
(65) EDNP (ethyl 4,4-dinitropentanoate);
(66) Erythritol tetranitrate explosives;
(67) Esters of nitro-substituted alcohols;
(68) EGDN (ethylene glycol dinitrate);
(69) Ethyl-tetryl;
(70) Explosive conitrates;
(71) Explosive gelatins;
(72) Explosive mixtures containing oxygen-releasing inorganic salts and hydrocarbons;
(73) Explosive mixtures containing oxygen-releasing inorganic salts and nitro bodies;
(74) Explosive mixtures containing oxygen-releasing inorganic salts and water insoluble fuels;
(75) Explosive mixtures containing oxygen-releasing inorganic salts and water soluble fuels;
(76) Explosive mixtures containing sensitized nitromethane;
(77) Explosive mixtures containing tetranitromethane (nitroform);
(78) Explosive nitro compounds of aromatic hydrocarbons;
(79) Explosive organic nitrate mixtures;
(80) Explosive liquids;
(81) Explosive powders;
(82) Flash powder;
(83) Fulminate of mercury;
(84) Fulminate of silver;
(85) Fulminating gold;
(86) Fulminating mercury;
(87) Fulminating platinum;
(88) Fulminating silver;
(89) Gelatinized nitrocellulose;
(90) Gem-dinitro aliphatic explosive mixtures;
(91) Guanyl nitrosamino guanyl tetrazene;
(92) Guanyl nitrosamino guanylidene hydrazine;
(92.1) Guncotton;
(92.2) Heavy metal azides;
(92.3) Hexamitrostrilbene;
(92.4) Hexanite;
(92.5) Hexanitrodiphenylamine;
(92.6) Hexogen;
(93) Hexogene or octogene and a nitrated N-methylaniline;
(94) Hexolites;
(95) HMX (cyclo-1,3,5,7-tetramethylene-2,4,6,8-tetranitramine; Octogen);
(96)
Hydrazinium nitrate/
(97) Hydrazoic acid;
(98) Igniter cord;
(99) Igniters;
(100) Initiating tube systems;
(101) KDNBF (potassium dinitrobenzo-furoxane);
(102) Lead azide;
(103) Lead mannite;
(104) Lead mononitroresorcinate;
(105) Lead picrate;
(106) Lead salts, explosive;
(107) Lead styphnate (styphnate of lead, lead trinitroresorcinate);
(108) Liquid nitrated polyol and trimethylolethane;
(109) Liquid oxygen explosives;
(110) Magnesium ophorite explosives;
(111) Mannitol hexanitrate;
(112) MDNP (methyl 4,4-dinitropentanoate);
(113) MEAN (monoethanolamine nitrate);
(114) Mercuric fulminate;
(115) Mercury oxalate;
(116) Mercury tartrate;
(117) Metriol trinitrate;
(118) Minol-2 (40% TNT, 40% ammonium nitrate, 20% aluminum);
(119) MMAN (monomethylamine nitrate); methylamine nitrate;
(120) Mononitrotoluene-nitroglycerin mixture;
(121) Monopropellants;
(122) NIBTN (nitroisobutametriol trinitrate);
(123) Nitrate sensitized with gelled nitroparaffin;
(124) Nitrated carbohydrate explosive;
(125) Nitrated glucoside explosive;
(126) Nitrated polyhydric alcohol explosives;
(127) Nitrates of soda explosive mixtures;
(128) Nitric acid and a nitro aromatic compound explosive;
(129) Nitric acid and carboxylic fuel explosive;
(130) Nitric acid explosive mixtures;
(131) Nitro aromatic explosive mixtures;
(132) Nitro compounds of furane explosive mixtures;
(133) Nitrocellulose explosive;
(134) Nitroderivative of urea explosive mixture;
(135) Nitrogelatin explosive;
(136) Nitrogen trichloride;
(137) Nitrogen tri-iodide;
(138) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate, trinitroglycerine);
(139) Nitroglycide;
(140) Nitroglycol (ethylene glycol dinitrate, EGDN);
(141) Nitroguanidine explosives;
(142) Nitroparaffins Explosive Grade and ammonium nitrate mixtures;
(143) Nitronium perchlorate propellant mixtures;
(144) Nitrostarch;
(145) Nitro-substituted carboxylic acids;
(146) Nitrourea;
(147) Octogen (HMX);
(148) Octol (75% HMX, 25% TNT);
(149) Organic amine nitrates;
(150) Organic nitramines;
(151) PBX (RDX and plasticizer);
(152) Pellet powder;
(153) Penthrinite composition;
(154) Pentolite;
(155) Perchlorate explosive mixtures;
(156) Peroxide based explosive mixtures;
(157) PETN (nitropentaerythrite, pentaerythrite tetranitrate, pentaerythritol tetranitrate);
(158) Picramic acid and its salts;
(159) Picramide;
(160) Picrate of potassium explosive mixtures;
(161) Picratol;
(162) Picric acid (manufactured as an explosive);
(163) Picryl chloride;
(164) Picryl fluoride;
(165) PLX (95% nitromethane, 5% ethylenediamine);
(166) Polynitro aliphatic compounds;
(167) Polyolpolynitrate-nitrocellulose explosive gels;
(168) Potassium chlorate and lead sulfocyanate explosive;
(169) Potassium nitrate explosive mixtures;
(170) Potassium nitroaminotetrazole;
(171) Pyrotechnic compositions;
(172) PYX (2,6-bis(picrylamino)-3,5-dinitropyridine);
(173) RDX (cyclonite, hexogen, T4,cyclo-1,3, 5,-trimethylene-2,4,6,-rinitramine; hexahydro-1,3,5-trinitro-S-triazine);
(174) Safety fuse;
(175) Salutes, (bulk);
(176) Salts of organic amino sulfonic acid explosive mixture;
(177) Silver acetylide;
(178) Silver azide;
(179) Silver fulminate;
(180) Silver oxalate explosive mixtures;
(181) Silver styphnate;
(182) Silver tartrate explosive mixtures;
(183) Silver tetrazene;
(184) Slurried explosive mixtures of water, inorganic oxidizing salt, gelling agent, fuel, and sensitizer, cap sensitive;
(185) Smokeless powder;
(186) Sodatol;
(187) Sodium amatol;
(188) Sodium azide explosive mixture;
(189) Sodium dinitro-ortho-cresolate;
(190) Sodium nitrate-potassium nitrate explosive mixture;
(191) Sodium picramate;
(192) Special fireworks;
(193) Squibs;
(194) Styphnic acid explosives;
(195) Tacot (tetranitro-2,3,5,6-dibenzo-1,3a,4,6a tetrazapentalene);
(196) TATB (triaminotrinitrobenzene);
(197) TATP (triacetone triperoxide);
(198) TEGDN (triethylene glycol dinitrate);
(199) Tetrazene (tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene hydrate);
(200) Tetranitrocarbazole;
(201) Tetryl (2,4,6 tetranitro-N-methylaniline);
(202) Tetrytol;
(203) Thickened inorganic oxidizer salt slurried explosive mixture;
(204) TMETN (trimethylolethane trinitrate);
(205) TNEF (trinitroethyl formal);
(206) TNEOC (trinitroethylorthocarbonate);
(207) TNEOF (trinitroethylorthoformate);
(208) TNT (trinitrotoluene, trotyl, trilite, triton);
(209) Torpex;
(210) Tridite;
(211) Trimethylol ethyl methane trinitrate composition;
(212) Trimethylolthane trinitrate-nitrocellulose;
(213) Trimonite;
(214) Trinitroanisole;
(215) Trinitrobenzene;
(216) Trinitrobenzoic acid;
(217) Trinitrocresol;
(218) Trinitro-meta-cresol;
(219) Trinitronaphthalene;
(220) Trinitrophenetol;
(221) Trinitrophloroglucinol;
(222) Trinitroresorcinol;
(223) Tritonal;
(224) Urea nitrate;
(225) Water bearing explosives having salts of oxidizing acids and nitrogen bases, sulfates, or sulfamates, cap sensitive;
(226) Water-in-oil emulsion explosive compositions;
(227) Xanthamonas hydrophilic colloid explosive mixture.
CREDIT(S)
Laws 1996, p. 416, § 3; Laws 2000, p. 1562, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-82
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-82. Possession, manufacture, etc., of destructive devices except as provided in this law
(a) It shall be unlawful for any person to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device except as provided in this article.
(b) Any person convicted of a violation of this Code section shall be punished by imprisonment for not less than three nor more than 20 years or, by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $25,000.00 nor more than $100,000.00 or not fewer than 5,000 nor more than 10,000 hours of community service or both.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-83
Effective: July 1, 2009
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-83. Possession, manufacture, etc., of destructive devices except as provided in this law
(a) It shall be unlawful for any person who is under indictment for or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device, detonator, explosive, poison gas, or hoax device.
(b) It shall be unlawful for any person knowingly to distribute a destructive device, detonator, explosive, poison gas, or hoax device to any person:
(1) Who he or she knows or should know is under indictment for or has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation; or
(2) Who he or she knows or should know has been adjudicated to be mentally incompetent or mentally ill by a court of this state, any other state, or the United States including its territories, possessions, and dominions.
(c) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than 15 years or by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $10,000.00 nor more than $75,000.00 or not fewer than 1,000 nor more than 5,000 hours of community service or both.
(d) Notwithstanding any other provision of law, the Department of Behavioral Health and Developmental Disabilities shall make available to any law enforcement agency or district attorney of this state such information as may be necessary to establish that a person has been adjudicated by any court to be mentally incompetent or mentally ill.
(e) The provisions of this Code section shall not apply to:
(1) Any person who has been pardoned for a felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of any other state or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, distribute, or transport a destructive device, explosive, poison gas, or detonator; or
(2) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of explosives by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 845, may apply to the Board of Public Safety for relief from the disabilities imposed by this Code section in the same manner as is provided in subsection (d) of Code Section 16-11-131. The board may grant such relief under the same standards and conditions as apply to firearms.
CREDIT(S)
Laws 1996, p. 416, § 3; Laws 2009, Act 102, § 3-2, eff. July 1, 2009.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-84
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-84. Distribution of destructive device, explosive, poison gas, or detonator to person under 21 years of age
(a) It shall be unlawful for any person to distribute or to offer to distribute a destructive device, explosive, poison gas, or detonator to any person who is under 21 years of age.
(b) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than three years or by a fine of not more than $10,000.00 or both or, if the defendant is a corporation, by a fine of not more than $20,000.00 or not fewer than 3,000 hours of community service or both.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-85
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-85. Manufacture, possession, etc., of hoax device or replica of destructive device or detonator
(a) It shall be unlawful for any person to manufacture, possess, transport, distribute, or use a hoax device or replica of a destructive device or detonator with the intent to cause another to believe that such hoax device or replica is a destructive device or detonator.
(b) Any person convicted of a violation of this Code section shall be punished by imprisonment for not more than one year or by a fine of not more than $10,000.00 or both or, if the defendant is a corporation, a fine of not less than $1,000.00 or not fewer than 500 hours of community service or both for each such hoax device or replica; provided, however, that if such person communicates or transmits to another that such hoax device or replica is a destructive device or detonator with the intent to obtain the property of another person or to interfere with the ability of another person to conduct or carry on the ordinary course of business, trade, education, or government, such violation shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, a fine of not less than $50,000.00 or not fewer than 1,000 nor more than 10,000 hours of community service or both for each such hoax device or replica.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-86
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-86. Conspiracy
It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service; by a fine; or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-87
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-87. Obstruction of law enforcement officers
It shall be unlawful for any person knowingly to hinder or obstruct any explosive ordnance technician, law enforcement officer, fire official, emergency management official, animal trained to detect destructive devices, or any robot or mechanical device designed or utilized by a law enforcement officer, fire official, or emergency management official of this state or of the United States in the detection, disarming, or destruction of a destructive device. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section 16-10-24.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-88
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-88. Possession, transportation, receipt, or use of destructive device or explosive with intent to kill, injure or intimidate or to destroy any public building
(a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device or explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or to destroy any public building shall be punished by imprisonment for not less than ten nor more than 20 years or by a fine of not more than $125,000.00 or both or, if the defendant is a corporation, by a fine of not less than $125,000.00 nor more than $200,000.00 or sentenced to perform not fewer than 10,000 nor more than 20,000 hours of community service or both.
(b) In addition to any other penalty imposed under the laws of this state or of the United States, any person who shall use or attempt to use any destructive device or explosive to kill or injure any individual, including any public safety officer performing duties as a direct or proximate result of a violation of this subsection, or to destroy any public building shall be imprisoned for not less than 20 nor more than 40 years or fined the greater of the cost of replacing any property that is destroyed or $250,000.00 or both or, if the defendant is a corporation, fined the greater of the cost of replacing any property which is destroyed or $1 million or sentenced to perform not fewer than 20,000 nor more than 40,000 hours of community service or both.
(c) Any other provision of law to the contrary notwithstanding, no part of any sentence imposed pursuant to subsection (a) or (b) of this Code section shall be probated, deferred, suspended, or withheld and no person sentenced pursuant to subsection (a) or (b) of this Code section shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by any agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating such sentence until the defendant has completed the minimum sentence as provided by subsection (a) or (b) of this Code section.
CREDIT(S)
Laws 1996, p. 416, § 3; Laws 1997, p. 512, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-89
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-89. Each violation a separate offense
Each violation of the provisions of this article shall be considered a separate offense.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-90
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-90. Records and reports
It shall be the duty of any person authorized by paragraph (1) or (2) of Code Section 16-7-93 to manufacture, possess, transport, distribute, or use a destructive device, detonator, explosive, or hoax device within the state:
(1) To maintain such records as may be required pursuant to Title 25. Such records may be inspected by the Commissioner or the director or such officers' designees or any law enforcement officer or fire official during normal business hours; and
(2) To report promptly the loss or theft of any destructive device, detonator, explosive, or hoax device to the Georgia Bureau of Investigation.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-91
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-91. Searches and inspections
The Commissioner or director or such officers' designees or any law enforcement officer or fire official may obtain an inspection warrant as provided in Code Section 25-2-22.1 to conduct a search or inspection of:
(1) Any person licensed pursuant to Title 25 to manufacture, possess, transport, sell, distribute, or use a destructive device or detonator within the state;
(2) Any person licensed pursuant to Chapter 7 of Title 2 to manufacture, possess, transport, sell, or distribute or use pesticides; or
(3) Any property where such pesticide, destructive device, or detonator is manufactured, possessed, transported, distributed, or used.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-92
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-92. Power to compel attendance of witnesses and production of documents
In any case where there is reason to believe that a destructive device, detonator, explosive, or hoax device has been manufactured, possessed, transported, distributed, or used in violation of this article or Title 25 or that there has been an attempt or a conspiracy to commit such a violation, the Attorney General, any district attorney, the director, or such persons as may be designated in writing by such officials shall have the same power to compel the attendance of witnesses and the production of evidence before such official in the same manner as the state fire marshal as provided in Code Sections 25-2-27, 25-2-28, and 25-2-29.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-93
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-93. Exceptions
The provisions of Code Sections 16-7-82, 16-7-84, 16-7-85, and 16-7-86 shall not apply to:
(1) Any person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or pursuant to Title 25 when such person is acting in accordance with such laws and any regulations issued pursuant thereto;
(2) Any person licensed as a blaster by the Commissioner pursuant to Chapter 8 of Title 25, when such blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any ordinances and regulations of the political subdivision or authority of the state where blasting operations are being performed;
(3) Fireworks, as defined by Code Section 25-10-1 and any person authorized by the laws of this state and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks;
(4) A law enforcement, fire service, or emergency management agency of this state, any agency or authority of a political subdivision of this state, or the United States and any employee or authorized agent thereof while in performance of official duties and any law enforcement officer, fire official, or emergency management official of the United States or any other state while attending training in this state;
(5) The armed forces of the United States or of this state;
(6) Research or educational programs conducted by or on behalf of a college, university, or secondary school which have been authorized by the chief executive officer of such educational institution or his or her designee and which is conducted in accordance with the laws of the United States and of this state;
(7) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopoeia or the National Formulary;
(8) Small arms ammunition and reloading components thereof;
(9) Commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices; or
(10) An explosive which is lawfully possessed in accordance with the rules adopted pursuant to Code Section 16-7-94.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-94
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-94. Exception as to agricultural activities
After consultation with the Commissioner of Agriculture or his or her designee, the Board of Public Safety may except by rule any explosive or quantity of explosive for use in legitimate agricultural activities. A copy of any such rule shall be furnished to the Commissioner of Agriculture.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-95
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-95. Seizure and forfeiture of property
(a) All property which is subject to forfeiture pursuant to Code Section 16-13-49 which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom shall be considered contraband. Except as provided in subsection (b) of this Code section, such property may be seized and shall be forfeited to the state as provided in Code Section 16-13-49. A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes any of the provisions of subsection (e) of Code Section 16-13-49.
(b) On application of the seizing law enforcement agency, the superior court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this state or of the United States which can safely store or render harmless any destructive device, explosive, poison gas, or detonator which is subject to forfeiture pursuant to this Code section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store such destructive device, explosive, poison gas, or detonator. Such application may be made at any time after seizure. Any destruction authorized pursuant to this subsection shall be made in the presence of at least one credible witness or shall be recorded on film, videotape, or other electronic imaging method. Any such film, videotape, or other electronic imaging method shall be admissible as evidence in lieu of such destructive device, explosive, poison gas, or detonator. The court may also direct the seizing agency or an agency to which such destructive device, explosive, poison gas, or detonator is transferred to make a report of the destruction, take samples, or both.
(c) The provisions of subsection (b) of this Code section shall not prohibit an explosive ordnance technician, other law enforcement officer, or fire service personnel from taking action which will render safe an explosive, destructive device, poison gas, or detonator or any object which is suspected of being an explosive, destructive device, poison gas, or detonator without the prior approval of a court when such action is intended to protect lives or property.
CREDIT(S)
Laws 1996, p. 416, § 3; Laws 1997, p. 143, § 16; Laws 1997, p. 512, § 2.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-96
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-96. Evidence; photographs, videotapes, or other identification
(a) Photographs, videotapes, or other identification or analysis of a destructive device, explosive, poison gas, or detonator duly identified by an explosive ordnance disposal technician or a person qualified as a forensic expert in the area of destructive devices shall be admissible in any civil or criminal trial in lieu of the destructive device or detonator.
(b) If a destructive device, explosive, poison gas, or detonator which has been rendered safe is introduced into evidence in any criminal or civil action, it shall be the duty of the clerk of court immediately to photograph the same and to transfer custody of the destructive device or detonator to the director or his or her designee or an explosive ordnance disposal technician.
CREDIT(S)
Laws 1996, p. 416, § 3.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-7-97
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 7. Damage to and Intrusion Upon Property (Refs & Annos)
Article 4. Bombs, Explosives, and Chemical and Biological Weapons (Refs & Annos)
§ 16-7-97. Exception as to fertilizers, propellant actuated devices or tools, and pesticides
The provisions of this article shall not apply to:
(1) Fertilizers, propellant actuated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes; or
(2) A pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended. [FN1]
CREDIT(S)
Laws 1996, p. 416, § 3.
[FN1] 7 U.S.C.A. § 136 et seq.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 8, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 8. Offenses Involving Theft
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 8, Art. 1, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 8. Offenses Involving Theft
Article 1. Theft
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-1
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-1. Definitions
As used in this article, the term:
(1) “Deprive” means, without justification:
(A) To withhold property of another permanently or temporarily; or
(B) To dispose of the property so as to make it unlikely that the owner will recover it.
(2) “Financial institution” means a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
(3) “Property of another” includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or to them jointly.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1801.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-2
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-2. Theft by taking
A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 791; Laws 1968, p. 1249, § 1; Laws 1974, p. 468, § 1; Laws 1975, p. 876, § 1; Laws 1978, p. 2257, § 1.
Formerly Code 1863, § 4290; Code 1868, § 4327; Code 1873, § 4393; Code 1882, § 4393; Penal Code 1895, § 155; Penal Code 1910, § 152; Code 1933, § 26-2602; Code 1933, § 26-1802.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-3
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-3. Theft by deception
(a) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
(b) A person deceives if he intentionally:
(1) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;
(2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;
(3) Prevents another from acquiring information pertinent to the disposition of the property involved;
(4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or
(5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.
(c) “Deceitful means” and “artful practice” do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1803.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-4
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-4. Theft by conversion
(a) A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own.
(b) When, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use.
(c)(1) As used in this subsection, the term “personal property” means personal property having a replacement cost value greater than $ 100.00, excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture.
(2) Any person having any personal property in such person's possession or under such person's control by virtue of a lease or rental agreement who fails to return the personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter demanding return of the personal property has been mailed to such person by certified or registered mail or statutory overnight delivery, return receipt requested, at such person's last known address by the owner of the personal property or by the owner's agent shall be presumed to have knowingly converted such personal property to such person's own use in violation of such lease or agreement.
(3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the lessor or renter to pay replacement costs, replacement costs shall include but not be limited to:
(A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of:
(i) The value on the date when the conversion occurred; or
(ii) The value on the date of the trial;
(B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and
(C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judgment is satisfied in full.
(4) If as a part of the order of the court the lessor or renter is placed on probation, supervision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof.
(5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agreement, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 16; Laws 1988, p. 763, § 1; Laws 1994, p. 650, § 1; Laws 1997, p. 414, §§ 1, 2; Laws 2000, p. 1589, § 4.
Formerly Code 1933, § 26-1808.
VALIDITY
This section has been held unconstitutional, in part, in the case of Sherrod v. State, 2006, 280 Ga. 275, 627 S.E.2d 36.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-5
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-5. Theft of services
A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1807.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-5.1
Effective: April 14, 2006
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-5.1. Avoiding payment due for rental or lease of personal property; intent; agreements to delay payment
The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly:
(1) Used false identification;
(2) Provided false information on a written contract;
(3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee;
(4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner;
(5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or
(6) Returned any property at a time beyond posted business hours of the owner.
No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.
CREDIT(S)
Laws 2005, Act 318, § 1, eff. July 1, 2005; Laws 2006, Act 453, § 16, eff. April 14, 2006.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-5.2
Effective: July 1, 2008
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-5.2. Retail property fencing; forfeiture of property
(a) As used in this Code section, the term:
(1) “Retail property” means any new article, product, commodity, item, or component intended to be sold in retail commerce.
(2) “Retail property fence” means a person or entity that buys, sells, transfers, or possesses with the intent to sell or transfer retail property that such person knows or should have known was stolen.
(3) “Value” means the retail value of the item as stated or advertised by the affected retail establishment, to include applicable taxes.
(b) A person commits the offense of retail property fencing when such persons receives, disposes of, or retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with the intent to:
(1) Transfer, sell, or distribute such retail property to a retail property fence; or
(2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other things of value.
(c) Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which is known or should be known to have been taken or stolen in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of retail property fencing.
(d)(1) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances.
(2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft.
(e) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this subsection, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49.
(f) Each violation of this Code section shall constitute a separate offense.
CREDIT(S)
Laws 2008, Act 581, § 1, eff. July 1, 2008.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-6
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-6. Theft of lost or mislaid property
A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1805.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-7
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-7. Theft by receiving stolen property
(a) A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property.
(b) In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, pp. 807, 808; Laws 1961, p. 118, § 1; Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 4.
Formerly Code 1863, §§ 4382, 4383; Code 1868, §§ 4420, 4421; Code 1873, §§ 4488, 4489; Code 1882, §§ 4488, 4489; Penal Code 1895, §§ 171, 172; Penal Code 1910, §§ 168, 169; Code 1933, §§ 26-2620, 26-2621; Code 1933, § 26-1806.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-8
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-8. Theft by receiving property stolen in another State
A person commits the offense of theft by receiving property stolen in another state when he receives, disposes of, or retains stolen property which he knows or should know was stolen in another state, unless the property is received, disposed of, or retained with intent to restore it to the owner.
CREDIT(S)
Laws 1918, p. 272, § 1; Laws 1972, p. 841, § 2.
Formerly Code 1933, § 26-2623; Code 1933, § 26-1816.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-9
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-9. Theft by bringing stolen property into this State
A person commits the offense of theft by bringing stolen property into this state when he brings into this state any property which he knows or should know has been stolen in another state.
CREDIT(S)
Laws 1918, p. 272, § 2; Laws 1972, p. 841, § 1.
Formerly Code 1933, § 26-2622; Code 1933, § 26-1815.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-10
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-10. Claim of right
It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-7 that the person:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or
(3) Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.
CREDIT(S)
Laws 1968, p. 1249, § 1.
Formerly Code 1933, § 26-1810.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-11
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-11. Venue
In a prosecution under Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. In addition, in any prosecution under Code Section 16-8-4 in which there is a written rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1972, p. 841, § 3; Laws 1994, p. 650, § 2.
Formerly Code 1933, § 26-1811.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-12
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-12. Punishment
(a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1)(A) If the property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for not less than two nor more than 20 years;
(B) If the property which was the subject of the theft was at least $5,000.00 in value but was less than $25,000.00 in value, by imprisonment for not less than one nor more than ten years and, in the discretion of the trial judge, as for a misdemeanor;
(C) If the property which was the subject of the theft was at least $1,500.01 in value but was less than $5,000.00 in value, by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor; and
(D) If the defendant has two prior convictions for a violation of Code Sections 16-8-2 through 16-8-9, upon a third conviction or subsequent conviction, such defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor;
(2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;
(3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;
(4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act;
(5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years.
(B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7;
(6)(A) As used in this paragraph, the term:
(i) “Destructive device” means a destructive device as such term is defined by Code Section 16-7-80.
(ii) “Explosive” means an explosive as such term is defined by Code Section 16-7-80.
(iii) “Firearm” means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive.
(B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years;
(7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $1,000.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $1,000.00;
(8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including, without limitation, any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant's commercial driver's license in accordance with Code Section 40-5-151, or any combination of such penalties. For purposes of this paragraph, the term “vehicle” includes, without limitation, any railcar; or
(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was regulated metal property, as such term is defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both.
(b) Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years.
(c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $1,000.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1972, p. 841, § 4; Laws 1978, p. 1457, § 1; Laws 1981, p. 1552, § 1; Laws 1981, p. 1576, § 1; Laws 1982, p. 1371, § 2; Laws 1984, p. 900, § 3; Laws 1986, p. 1228, § 1; Laws 1992, p. 6, § 16; Laws 1994, p. 359, § 1; Laws 1996, p. 231, § 4; Laws 1996, p. 416, § 4; Laws 1997, p. 1507, § 4; Laws 1998, p. 643, § 5; Laws 2000, p. 1085, § 3; Laws 2001, p. 1153, § 2; Laws 2003, Act 29, § 1, eff. May 15, 2003; Laws 2004, Act 793, § 2, eff. July 1, 2004; Laws 2006, Act 545, § 1, eff. July 1, 2006; Laws 2007, Act 345, § 4, eff. July 1, 2007; Laws 2009, Act 150, § 4, eff. July 1, 2009; Laws 2012, Act 590, § 1-2, eff. July 1, 2012; Laws 2012, Act 709, § 3-2, eff. July 1, 2012.
Formerly Code 1933, § 26-1812.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-13
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-13. Theft of a trade secret
(a) As used in this Code section, the term:
(1) “Article” means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(2) “Copy” means any facsimile, replica, photograph, or other reproduction of an article and any note, drawing, or sketch made of or from an article.
(3) “Representing” means describing, depicting, containing, constituting, reflecting, or recording.
(4) “Trade secret” means information, without regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information:
(A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(b) Any person who, with the intent to deprive or withhold from the owner thereof the exclusive use of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following:
(1) Takes, uses, or discloses such trade secret to an unauthorized person;
(2) Acquires knowledge of such trade secret by deceitful means or artful practice; or
(3) Without authority, makes or causes to be made a copy of an article representing such trade secret
commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine of not more than $50,000.00, provided that, if the value of such trade secret, and any article representing such trade secret that is taken, is not more than $100.00 such person shall be punished as for a misdemeanor.
(c) In a prosecution for any violation of this Code section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
(d) For the purposes of this Code section, a continuing theft by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who committed the theft.
(e) This Code section shall not affect:
(1) Contractual duties or remedies, whether or not based on theft of a trade secret; or
(2) The provisions of Code Sections 10-1-761 through 10-1-767, pertaining to civil offenses and remedies involving the misappropriation of a trade secret, or other civil or criminal laws that presently apply or in the future may apply to any transaction or course of conduct that violates this Code section.
CREDIT(S)
Laws 1965, p. 647, §§ 1, 2; Laws 1966, p. 425, §§ 1, 2, 5; Laws 1968, p. 1249, § 1; Laws 1992, p. 6, § 16; Laws 1995, p. 1051, § 1.
Formerly Code 1933, § 26-1809.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-14
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-14. Theft by shoplifting
(a) A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;
(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;
(4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or
(5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.
(b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $500.00 or less in value shall be punished as for a misdemeanor; provided, however, that:
(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $500.00, and the fine shall not be suspended or probated;
(B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a “special alternative incarceration-probation boot camp,” probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and
(C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.
(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(4) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken during a period of 180 days and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(c) In all cases involving theft by shoplifting, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property.
(d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors.
CREDIT(S)
Laws 1957, p. 115, §§ 1, 3; Laws 1978, p. 2257, § 2; Laws 1983, p. 457, § 1; Laws 1997, p. 1394, § 1; Laws 1998, p. 578, § 1; Laws 2000, p. 870, § 1; Laws 2012, Act 709, § 3-3, eff. July 1, 2012.
Formerly Code 1933, § 26-1802.1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-15
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-15. Theft by conversion of payments for property improvements
(a) Any architect, landscape architect, engineer, contractor, subcontractor, or other person who with intent to defraud shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor or service performed on or materials furnished by his order for this specific improvement while any amount for which he may be or become liable for such labor, services, or materials remains unpaid commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or upon the recommendation of the jury or in the discretion of the trial judge, punished for a misdemeanor, provided that, in addition to the above sanctions, where a corporation's agent acts within the scope of his office or employment and on behalf of the corporation and with intent to defraud uses such proceeds for purposes other than for property improvements or where a corporation's board of directors or managerial official, the latter acting within the scope of his employment and on behalf of the corporation recklessly tolerates or, with intent to defraud, authorizes, requests, or commands the use of such proceeds for purposes other than for property improvements, the corporation commits a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00.
(b) A failure to pay for material or labor furnished for such property improvements shall be prima-facie evidence of intent to defraud.
CREDIT(S)
Laws 1941, p. 480, § 1; Laws 1976, p. 1456, § 1; Laws 1982, p. 3, § 16.
Formerly Code 1933, § 26-1808.1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-16
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-16. Theft by extortion
(a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to:
(1) Inflict bodily injury on anyone or commit any other criminal offense;
(2) Accuse anyone of a criminal offense;
(3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;
(4) Take or withhold action as a public official or cause an official to take or withhold action;
(5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.
(b) In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained.
(c) It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services.
(d) A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1992, p. 6, § 16.
Formerly Code 1933, § 26-1804.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-17
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-17. Theft resulting from unlawful use of retail sales receipts or Universal Product Code labels
(a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both.
(2) A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years.
CREDIT(S)
Laws 2000, p. 870, § 2; Laws 2001, p. 4, § 16; Laws 2012, Act 709, § 3-4, eff. July 1, 2012.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-18
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-18. Entering automobile
If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.
CREDIT(S)
Laws 1933, p. 111, § 1; Laws 1976, p. 186, § 1.
Formerly Code 1933, § 26-2637; Code 1933, § 26-1813.1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-19
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-19. Repealed by Laws 1988, p. 763, § 2, eff. July 1, 1988
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-20
Effective: May 12, 2008
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-20. Livestock theft
(a) A person commits the offense of livestock theft when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any livestock of another with the intention of depriving the owner of such livestock.
(b) For the purposes of this Code section, the term “livestock” means horses, cattle, swine, sheep, goats, rabbits, and any domestic animal produced as food for human consumption.
(c) Any person committing the offense of livestock theft commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years and by a fine of $1,000.00; provided, however, that, if the fair market value of the livestock taken or appropriated is $100.00 or less, the person shall be guilty of a misdemeanor.
(d) For the purposes of this Code section, if any livestock is killed or mutilated and a portion thereof taken, the value of the whole animal while alive or his entire carcass, whichever is greater, shall be considered for the purpose of distinguishing between a misdemeanor offense and a felony offense.
CREDIT(S)
Laws 1974, p. 1006, § 1; Laws 1995, p. 244, § 10; Laws 2008, Act 534, § 7, eff. May 12, 2008.
Formerly Code 1933, § 26-1817.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-21
Effective: April 16, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 1. Theft (Refs & Annos)
§ 16-8-21. Removal, larceny, or abandonment of shopping carts; penalties
(a) As used in this Code section, the term “shopping cart” means those pushcarts of the type which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store.
(b) It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his or her agent, servant, or employee. For the purpose of this Code section, the premises shall include all the parking area set aside by the owner or on behalf of the owner for the parking of cars for the convenience of the patrons of the owner.
(c) It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot other than a parking lot on the premises of the owner.
(d) Any person who violates this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1975, p. 848, § 1; Laws 2012, Act 595, § 1, eff. April 16, 2012.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 8, Art. 2, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 8. Offenses Involving Theft
Article 2. Robbery
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-40
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 2. Robbery (Refs & Annos)
§ 16-8-40. Robbery
(a) A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another:
(1) By use of force;
(2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or
(3) By sudden snatching.
(b) A person convicted of the offense of robbery shall be punished by imprisonment for not less than one nor more than 20 years.
(c) Notwithstanding any other provision of this Code section, any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 791; Laws 1903, p. 43, § 1; Laws 1957, p. 261, § 1; Laws 1968, p. 1249, § 1; Laws 1984, p. 900, § 4.
Formerly Code 1863, § 4286; Code 1868, § 4323; Code 1873, § 4389; Code 1882, § 4389; Penal Code 1895, § 151; Penal Code 1910, § 148; Code 1933, § 26-2501; Code 1933, § 26-1901.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-41
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 2. Robbery (Refs & Annos)
§ 16-8-41. Armed robbery; robbery by intimidation
(a) A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
(b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.
(c)(1) The preceding provisions of this Code section notwithstanding, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(2) As used in this subsection, the term:
(A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29.
(B) “Pharmacy” means any place licensed in accordance with Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, including any and all portions of any building or structure leased, used, or controlled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term pharmacy shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dispensing of any controlled substance.
(C) “Wholesale druggist” means an individual, partnership, corporation, or association registered with the State Board of Pharmacy under Chapter 4 of Title 26.
(d) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, p. 791; Laws 1858, p. 98, § 1; Laws 1890-91, p. 83, § 1; Laws 1937, p. 490, § 1; Laws 1957, p. 261, §§ 2, 3; Laws 1968, p. 1249, § 1; Laws 1969, p. 810, § 1; Laws 1976, p. 1359, § 1; Laws 1981, p. 1266, § 1; Laws 1985, p. 1036, § 1; Laws 1994, p. 1959, § 3; Laws 1999, p. 81, § 16.
Formerly Code 1863, §§ 4287, 4288; Code 1868, §§ 4324, 4325; Code 1873, §§ 4390, 4391; Code 1882, §§ 4390, 4391; Penal Code 1895, §§ 152, 153; Penal Code 1910, §§ 149, 150; Code 1933, §§ 26-2502, 26-2503; Code 1933, § 26-1902.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-60
Effective: July 1, 2008
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 3. Criminal Reproduction and Sale of Recorded Material
§ 16-8-60. Recorded material; unauthorized reproductions, manufacture, distribution and sale
(a) It is unlawful for any person, firm, partnership, corporation, or association knowingly to:
(1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape, film, or article without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived; or
(2) Sell; distribute; circulate; offer for sale, distribution, or circulation; possess for the purpose of sale, distribution, or circulation; cause to be sold, distributed, or circulated; cause to be offered for sale, distribution, or circulation; or cause to be possessed for sale, distribution, or circulation any article or device on which sounds or visual images have been transferred, knowing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived.
(b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate; offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package.
(c) This Code section shall not apply to any person who transfers or causes to be transferred any such sounds or visual images:
(1) Intended for or in connection with radio or television broadcast transmission or related uses;
(2) For archival purposes; or
(3) Solely for the personal use of the person transferring or causing the transfer and without any profit being derived by the person from the transfer.
(d) Every person convicted of violating this Code section shall be guilty of a felony and shall be punished as follows:
(1) Upon the first conviction of violating this Code section, by a fine of not less than $500.00 nor more than $25,000.00, by imprisonment for not less than one year nor more than two years, or both such fine and imprisonment;
(2) Upon the second conviction of violating this Code section, by a fine of not less than $1,000.00 nor more than $100,000.00, by imprisonment for not less than one year nor more than three years and the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment, or both such fine and imprisonment; or
(3) Upon the third or subsequent conviction of violating this Code section, by a fine of not less than $2,000.00 nor more than $250,000.00, by imprisonment for not less than two nor more than five years and the judge may suspend, stay, or probate all but six days of any term of imprisonment, or both such fine and imprisonment.
(e) This Code section shall neither enlarge nor diminish the right of parties to enter into a private contract.
(f)(1) Any phonograph record, disc, wire, tape, videotape, film, or other article onto which sounds or visual images have been transferred shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner.
(2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49.
(g) For purposes of imposing restitution pursuant to Chapter 14 of Title 17 when a person is convicted pursuant to this Code section, the court shall consider damages to any owner or lawful producer of a master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which sounds or visual images are derived. Restitution shall be based upon the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation of this Code section and shall also include reasonable investigative costs related to the detection of the violation of this Code section.
CREDIT(S)
Laws 1975, p. 44, § 1; Laws 1978, p. 1938, § 1; Laws 1986, p. 652, § 1; Laws 1988, p. 13, § 16; Laws 2008, Act 448, § 1, eff. July 1, 2008.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-61
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 3. Criminal Reproduction and Sale of Recorded Material
§ 16-8-61. Sale, rental, loan, etc. of video movies unlawful unless official rating prominently displayed on covering
(a) As used in this Code section, the term:
(1) “Official rating” means the official rating of a motion picture by the Classification and Rating Administration of the Motion Picture Association of America.
(2) “Video movie” means a videotape, video cassette, video disc, any prerecorded video display or visual depiction, any prerecorded device that can be converted to a visual depiction, or other reproduction or reconstruction of a motion picture.
(b) No person may sell, rent, loan, or otherwise disseminate or distribute for monetary consideration a video movie unless the official rating of the motion picture from which the video movie is copied is clearly and prominently displayed in boldface type on the outside of the cassette, case, jacket, or other covering containing the video movie. Such video movie shall be clearly and prominently marked as “not rated” if:
(1) The motion picture from which the video movie is copied has no official rating;
(2) The official rating of the motion picture from which the video movie is copied is not readily available to such person; or
(3) The video movie has been altered so that its content materially differs from the motion picture.
(c) Any person who violates subsection (b) of this Code section shall, upon conviction thereof, be punished by a fine of not more than $100.00.
CREDIT(S)
Laws 1987, p. 1384, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-62
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 3. Criminal Reproduction and Sale of Recorded Material
§ 16-8-62. Film piracy; violations and penalties
(a) As used in this Code section, the term:
(1) “Audiovisual recording device” means any device capable of recording or transmitting a motion picture, or any part thereof, using any technology now known or later developed.
(2) “Facility” shall not include a personal residence.
(b) Any person who knowingly operates the recording function of an audiovisual recording device while a motion picture is being exhibited, without the consent of the owner, operator, or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, shall be guilty of film piracy.
(c) The provisions of this Code section shall not be construed to prevent any lawfully authorized investigative, law enforcement, or intelligence personnel of the state or federal government from operating any audiovisual recording device in a facility where a motion picture is being exhibited as part of their official duties or activities.
(d) This Code section is not applicable to a person who operates an audiovisual recording device in a retail establishment solely to demonstrate the use of the device for sales purposes.
(e) A prosecution under this Code section shall not preclude obtaining any other civil or criminal remedy under any other provision of law.
(f) Violation of this Code section is a misdemeanor of a high and aggravated nature and punishable upon conviction as provided in Code Section 17-10-4. A second or subsequent conviction for violation of this Code section shall be punishable as a felony.
CREDIT(S)
Laws 2004, Act 663, § 1, eff. July 1, 2004.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-80
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 4. Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-80. Short title
This article shall be known and may be cited as the “Motor Vehicle Chop Shop and Stolen and Altered Property Act.”
CREDIT(S)
Laws 1991, p. 1805, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-81
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 4. Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-81. Legislative intent
(a) The General Assembly finds and declares the following:
(1) The annual number of reported motor vehicle thefts has exceeded 1 million. Approximately 50 percent of all larcenies reported to law enforcement authorities in the United States are directed against motor vehicles. The recovery rate of stolen motor vehicles has decreased significantly during the most recent decade;
(2) Thefts of motor vehicles and the disposition of stolen motor vehicles and motor vehicle parts are becoming more professional in nature. Such theft and disposition activities have attracted criminal elements which have used intimidation and violence as a means of obtaining increased control of such activities;
(3) The theft of motor vehicles has brought increased and unnecessary burdens to motor vehicle users and taxpayers, as the national financial cost of motor vehicle related theft offenses currently approaches $5 billion annually;
(4) Prosecutors should give increased emphasis to the prosecution of persons committing motor vehicle thefts, with particular emphasis given to professional motor vehicle theft operations and to persons engaged in the dismantling of stolen motor vehicles for the purpose of trafficking in stolen motor vehicle parts; and
(5) Traditional law enforcement strategies and techniques that concentrate on bringing criminal penalties to bear on motor vehicle thieves, but do not focus on chop shops that are heavily involved in the dismantling of stolen motor vehicles or the distribution of motor vehicle parts and that do not enlist the assistance of private enforcement and use civil sanctions, are inadequate to control motor vehicle theft, as well as related offenses. Comprehensive strategies must be formulated; more effective law enforcement techniques must be developed; evidentiary, procedural, and substantive laws must be strengthened; and criminal penalties and civil sanctions must be enhanced.
(b) The General Assembly, therefore, concludes that for the protection of the general public interest, the “Motor Vehicle Chop Shop and Stolen and Altered Property Act” shall be enacted.
CREDIT(S)
Laws 1991, p. 1805, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-82
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 4. Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-82. Definitions
As used in this article, the term:
(1) “Chop shop” means any building, lot, or other premise where one or more persons knowingly engage in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud in order to either:
(A) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identification, including the vehicle identification number of such motor vehicle or motor vehicle part, in order to misrepresent the identity of such motor vehicle or motor vehicle part or to prevent the identification of such motor vehicle or motor vehicle part; or
(B) Sell or dispose of such motor vehicle or motor vehicle part.
(2) “Motor vehicle” includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway which is self-propelled or which may be connected to and towed by a self-propelled device and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery and construction equipment.
(3) “Person” includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity.
(4) “Unidentifiable” means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques or by expert employees of not for profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques.
(5) “Vehicle identification number” includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Revenue for the purpose of uniquely identifying a motor vehicle or motor vehicle part.
CREDIT(S)
Laws 1991, p. 1805, § 1; Laws 2002, p. 415, § 16; Laws 2003, Act 9, § 16, eff. May 14, 2003; Laws 2005, Act 68, § 6-1, eff. July 1, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-83
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 4. Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-83. Offenses and penalties
(a) Any person who knowingly and with intent:
(1) Owns, operates, or conducts a chop shop;
(2) Transports any motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or
(3) Sells, transfers, purchases, or receives any motor vehicle or motor vehicle part either to or from a location knowing it to be a chop shop
shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than ten years, by a fine of not more than $100,000.00, or by both such fine and imprisonment.
(b) Any person who knowingly alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates, or removes a vehicle identification number with the intent to misrepresent the identity or prevent the identification of a motor vehicle or motor vehicle part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine of not more than $50,000.00, or by both such fine and imprisonment.
(c)(1) Any person who buys, disposes, sells, transfers, or possesses a motor vehicle or motor vehicle part with knowledge that the vehicle identification number of the motor vehicle or motor vehicle part has been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine of not more than $50,000.00, or by both such fine and imprisonment.
(2) The provisions of paragraph (1) of this subsection shall not apply to a motor vehicle scrap processor who, in the normal legal course of business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar methods, provided that any vehicle identification number is not removed from the motor vehicle or motor vehicle part prior to or during any such processing.
(3) The provisions of paragraph (1) of this subsection shall not apply to any owner or authorized possessor of a motor vehicle recovered by law enforcement authorities after having been stolen or where the condition of the vehicle identification number of the motor vehicle or motor vehicle part is known to or has been reported to law enforcement authorities. It shall be presumed that law enforcement authorities have knowledge of all vehicle identification numbers on a motor vehicle or motor vehicle part which are altered, counterfeited, defaced, disguised, falsified, forged, obliterated, or removed when law enforcement authorities deliver or return the motor vehicle or motor vehicle part to its owner or authorized possessor after it has been recovered by law enforcement authorities after having been reported stolen.
(d) A person commits the offense of attempted operation of a chop shop when, with the intent to commit a violation proscribed by subsection (a), (b), or (c) of this Code section, the person does any act which constitutes a substantial step toward the commission of a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment.
(e) A person commits the offense of conspiracy when, with the intent that a violation proscribed by subsection (a), (b), or (c) of this Code section be committed, the person agrees with another to the commission of a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment. No person may be convicted of conspiracy under this subsection unless an act in furtherance of such agreement is alleged and proved to have been committed by that person or a coconspirator.
(f) A person commits the offense of solicitation when, with the intent that a violation proscribed by subsection (a), (b), or (c) of this Code section be committed, the person commands, encourages, or requests another to commit a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment.
(g) A person commits the offense of aiding and abetting when, either before or during the commission of a violation proscribed by subsection (a), (b), or (c) of this Code section and with the intent to promote or facilitate such commission, the person aids, abets, agrees, or attempts to aid another in the planning or commission of a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment.
(h) A person is an accessory after the fact who maintains, assists, or gives any other aid to an offender while knowing or having reasonable grounds to believe the offender has committed a violation under subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment.
(i) No prosecution shall be brought and no person shall be convicted of any violation under this Code section where the acts of such person otherwise constituting a violation were done in good faith in order to comply with the laws or regulations of any state or territory of the United States or of the United States government.
(j) The sentence imposed upon a person convicted of any violation of this Code section shall not be reduced to less than one year of imprisonment for a second conviction or less than five years for a third or subsequent conviction, and no sentence imposed upon a person for a second or subsequent conviction of any violation of this Code section shall be suspended or reduced until such person shall have served the minimum period of imprisonment provided for in this Code section. A person convicted of a second or subsequent violation of this Code section shall not be eligible for probation, parole, furlough, or work release.
(k)(1) In addition to any other punishment, a person who violates this Code section shall be ordered to make restitution to the lawful owner or owners of the stolen motor vehicle or vehicles or the stolen motor vehicle part or parts, to the owner's insurer to the extent that the owner has been compensated by the insurer, and to any other person for any financial loss sustained as a result of a violation of this Code section.
(2) For purposes of this Code section, the term:
(A) “Financial loss” shall include, but not be limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs, and claims payments.
(B) “Lawful owner” shall include an innocent bona fide purchaser for value of a stolen motor vehicle or motor vehicle part who does not know that the motor vehicle or part is stolen or an insurer to the extent that such insurer has compensated a bona fide purchaser for value.
(3) The court shall determine the extent and method of restitution required under this subsection. In an extraordinary case, the court may determine that the best interests of the victim and justice would not be served by ordering restitution. In any such case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which mitigated against restitution.
CREDIT(S)
Laws 1991, p. 1805, § 1; Laws 1992, p. 6, § 16.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-84
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 4. Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-84. Seizure of motor vehicle, motor vehicle part, tool, implement, or instrumentality used or possessed in violation of law
(a) Any tool, implement, or instrumentality, including, but not limited to, a motor vehicle or motor vehicle part, used or possessed in connection with any violation of Code Section 16-8-83 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.
(b) Seizure of property described in subsection (a) of this Code section may be made by a member of a state or local law enforcement agency without process if:
(1) The seizure is made in accordance with any applicable law or regulation;
(2) The seizure is incident to inspection under an administrative inspection warrant;
(3) The seizure is incident to a search made under a search warrant;
(4) The seizure is incident to a lawful arrest;
(5) The seizure is made pursuant to a valid consent to search;
(6) The property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding or in an injunction or forfeiture proceeding under Code Section 16-8-86; or
(7) There are reasonable grounds to believe that the property is directly or indirectly dangerous to the health or safety of the public.
(c) When property is seized pursuant to this Code section, the seizing agency may:
(1) Place the property under seal; or
(2) Remove the property to a place selected and designated by the seizing agency.
CREDIT(S)
Laws 1991, p. 1805, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-85
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 4. Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-85. What is subject to forfeiture; forfeiture proceedings
(a) The following are subject to forfeiture unless obtained by theft, fraud, or conspiracy to defraud and the rightful owner is known or can be identified and located:
(1) Any tool;
(2) Any implement; or
(3) Any instrumentality, including, but not limited to, any motor vehicle or motor vehicle part, whether or not owned by the person from whose possession or control it was seized, which is used or possessed either in violation of Code Section 16-8-83 or to promote or facilitate a violation of Code Section 16-8-83.
(b) Any motor vehicle, other conveyance, or motor vehicle part used by any person as a common carrier is subject to forfeiture under this Code section where the owner or other person in charge of the motor vehicle, other conveyance, or motor vehicle part is a consenting party to a violation of Code Section 16-8-83.
(c)(1) Any motor vehicle, motor vehicle part, other conveyance, tool, implement, or instrumentality is not subject to forfeiture under this Code section by reason of any act or omission which the owner proves to have been committed or omitted without the owner's knowledge or consent.
(2) Seizing agencies shall utilize their best efforts to identify any seized motor vehicle or motor vehicle part to determine ownership or the identity of any other person having a right or interest in a seized motor vehicle or motor vehicle part. In its reasonable identification and owner location attempts, the seizing agency shall cause the stolen motor vehicle files of the Georgia Bureau of Investigation to be searched for stolen or wanted information on motor vehicles similar to the seized motor vehicle or consistent with the seized motor vehicle part.
(3) Where a motor vehicle part has an apparent value in excess of $ 1,000.00:
(A) The seizing agency shall consult with an expert of the type specified in paragraph (4) of Code Section 16-8-82; and
(B) The seizing agency shall also request searches of the on-line and off-line files of the National Crime Information Center and the National Automobile Theft Bureau when the Georgia Bureau of Investigation and Georgia Crime Information Center files have been searched with negative results.
(d) A forfeiture of a motor vehicle, motor vehicle part, or other conveyance encumbered by a bona fide security interest is subject to the interest of the secured party where the secured party neither had knowledge of nor consented to the act or omission forming the ground for the forfeiture.
(e) Property, as described in subsection (a) of this Code section, which is seized and held for forfeiture shall not be subject to replevin and is subject only to the order and judgments of a court of competent jurisdiction hearing the forfeiture proceedings.
(f)(1) A prosecutor in the county where the seizure occurs shall bring an action for forfeiture in a court of competent jurisdiction. The forfeiture action shall be brought within 60 days from the date of seizure except where the prosecutor in the sound exercise of discretion determines that no forfeiture action should be brought because of the rights of property owners, lienholders, or secured creditors or because of exculpatory, exonerating, or mitigating facts and circumstances.
(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Revenue, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency.
(3) Notice of the forfeiture proceeding shall be given to any other such person as may appear, from the facts and circumstances, to have any right, title, or interest in or to the property.
(4) The owner of the property or any person having or claiming right, title, or interest in the property may within 60 days after the mailing of such notice file a verified answer to the complaint and may appear at the hearing on the action for forfeiture.
(5) The prosecutor shall show at a forfeiture hearing, by a preponderance of the evidence, that such property was used in the commission of a violation of Code Section 16-8-83 or was used or possessed to facilitate such violation.
(6) The owner of such property may show by a preponderance of the evidence that the owner did not know, and did not have reason to know, that the property was to be used or possessed in the commission of any violation or that any of the exceptions to forfeiture are applicable.
(7) Unless the prosecutor shall make the showing required of it, the court shall order the property released to the owner. Where the prosecutor has made such a showing, the court may order that:
(A) The property be destroyed by the agency which seized it or some other agency designated by the court;
(B) The property be delivered and retained for use by the agency which seized it or some other agency designated by the court; or
(C) The property be sold at public sale.
(g) A copy of a forfeiture order shall be filed with the sheriff of the county in which the forfeiture occurs and with each federal or state department or agency with which such property is required to be registered. Such order, when filed, constitutes authority for the issuance to the agency to whom the property is delivered and retained for use or to any purchaser of the property of a certificate of title, registration certificate, or other special certificate as may be required by law in consideration of the condition of the property.
(h) Proceeds from sale at public auction, after payment of all reasonable charges and expenses incurred by the agency designated by the court to conduct the sale in storing and selling the property, shall be paid into the general fund of the county of seizure.
(i) No motor vehicle, either seized under Code Section 16-8-84 or forfeited under this Code section, shall be released by the seizing agency or used or sold by an agency designated by the court unless any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number is corrected by the issuance and affixing of either an assigned or replacement vehicle identification number plate as may be appropriate under laws or regulations of this state.
(j) No motor vehicle part having any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number may be disposed of upon forfeiture except by destruction thereof, except that this subsection shall not apply to any such motor vehicle part which is assembled with and constitutes part of a motor vehicle.
(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Revenue, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored.
(l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Revenue specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored.
(m) When a seized unidentifiable motor vehicle or motor vehicle part has an apparent value of $ 1,000.00 or less, the seizing agency shall authorize the disposal of the motor vehicle or motor vehicle part, provided that no such disposition shall be made sooner than 60 days after the date of seizure.
(n) The proceeds of the public sale of an unidentifiable motor vehicle or motor vehicle part shall be deposited into the general fund of the state, county, or municipal corporation employing the seizing agency after deduction of any reasonable and necessary towing and storage charges.
(o) Seizing agencies shall utilize their best efforts to arrange for the towing and storing of motor vehicles and motor vehicle parts in the most economical manner possible. In no event shall the owner of a motor vehicle or a motor vehicle part be required to pay more than the minimum reasonable costs of towing and storage.
(p) A seized motor vehicle or motor vehicle part that is neither forfeited nor unidentifiable shall be held subject to the order of the court in which the criminal action is pending or, if a request for its release from such custody is made, until the prosecutor has notified the defendant or the defendant's attorney of such request and both the prosecution and defense have been afforded a reasonable opportunity for an examination of the property to determine its true value and to produce or reproduce, by photographs or other identifying techniques, legally sufficient evidence for introduction at trial or other criminal proceedings. Upon expiration of a reasonable time for the completion of the examination, which in no event shall exceed 14 days from the date of service upon the defense of the notice of request for return of property as provided in this subsection, the property shall be released to the person making such request after satisfactory proof of such person's entitlement to the possession thereof. Notwithstanding the foregoing, upon application by either party with notice to the other, the court may order retention of the property if it determines that retention is necessary in the furtherance of justice.
(q) When a seized vehicle is forfeited, restored to its owner, or disposed of as unidentifiable, the seizing agency shall retain a report of the transaction for a period of at least one year from the date of the transaction.
(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Revenue proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Revenue shall issue a certificate of title or a salvage certificate of title, as determined by the state revenue commissioner, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser.
CREDIT(S)
Laws 1991, p. 1805, § 1; Laws 1992, p. 6, § 16; Laws 2000, p. 951, § 12-2; Laws 2005, Act 68, § 6-2, eff. July 1, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-86
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 4. Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-86. Civil actions
(a) The Attorney General, any prosecutor, or any aggrieved person may institute a civil action against any person in a court of competent jurisdiction seeking relief from conduct constituting a violation of any provision of this article. If the plaintiff in such action proves the alleged violation, or its threat, by a preponderance of the evidence, any court of competent jurisdiction after due provision for the rights of innocent persons shall grant relief by entering any appropriate order or judgment, including, but not limited to:
(1) Ordering any defendant to be divested of any interest in any property;
(2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including prohibiting any defendant from engaging in the same type of endeavor as the defendant was engaged in previously;
(3) Ordering the suspension or revocation of a license, permit, or prior approval granted by any public agency or any other public authority; or
(4) Ordering the surrender of the charter of a corporation organized under the laws of this state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state upon a finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct made unlawful by this article and that, for the prevention of future criminal conduct, the public interest requires the charter of the corporation be surrendered and the corporation dissolved or the certificate to conduct business in this state revoked.
(b) In a proceeding under this Code section, injunctive relief shall be granted in conformity with the principles that govern the granting of relief from injury or threatened injury in other cases, but no showing of special or irreparable injury shall have to be made. Pending final determination of a proceeding under this Code section, a temporary restraining order or a preliminary injunction may be issued upon a showing of immediate danger of significant injury, including the possibility that any judgment for money damages might be difficult to execute, and, in a proceeding initiated by an aggrieved person, upon the execution of proper bond against injury for an injunction improvidently granted.
(c) Any person injured, directly or indirectly, by conduct constituting a violation by any person of Code Section 16-8-83 shall, in addition to any other relief, have a cause of action for threefold the actual damages sustained by the person.
(d) A final judgment or decree rendered against the defendant in any civil or criminal proceeding shall estop the defendant in any subsequent civil action or proceeding brought by any person as to all matters to which the judgment or decree would be an estoppel as between the parties to the civil or criminal proceeding.
(e) Notwithstanding any other provision of law providing for a shorter period of limitations, a civil action under this Code section may be commenced at any time within five years after the conduct made unlawful under Code Section 16-8-83 terminates or the cause of action accrues or within any longer statutory period that may be applicable. If any action is brought by a prosecutor to punish, prevent, or restrain any activity made unlawful under Code Section 16-8-83, the running of the period of limitations shall be suspended during the pendency of such action and for two years following its termination.
(f) Personal service of any process in an action under this Code section may be made upon any person outside the state if the person has engaged in any conduct constituting a violation of Code Section 16-8-83 in this state. The person shall be deemed to have thereby submitted to the jurisdiction of the courts of this state for the purposes of this subsection.
(g) Obtaining any civil remedy under this Code section shall not preclude obtaining any other civil or criminal remedy under this article or any other provision of law. Civil remedies under this Code section are supplemental and not exclusive.
CREDIT(S)
Laws 1991, p. 1805, § 1.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 8, Art. 5, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 8. Offenses Involving Theft
Article 5. Residential Mortgage Fraud
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-100
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 5. Residential Mortgage Fraud (Refs & Annos)
§ 16-8-100. Short title
This article shall be known and may be cited as the “Georgia Residential Mortgage Fraud Act.”
CREDIT(S)
Laws 2005, Act 162, § 2, eff. May 5, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-101
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 5. Residential Mortgage Fraud (Refs & Annos)
§ 16-8-101. Definitions
As used in this article, the term:
(1) “Mortgage lending process” means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Such term shall also include the execution of deeds under power of sale that are required to be recorded pursuant to Code Section 44-14-160 and the execution of assignments that are required to be recorded pursuant to subsection (b) of Code Section 44-14-162. Documents involved in the mortgage lending process include, but shall not be limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures.
(2) “Pattern of residential mortgage fraud” means one or more misstatements, misrepresentations, or omissions made during the mortgage lending process that involve two or more residential properties, which have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics.
(3) “Person” means a natural person, corporation, company, limited liability company, partnership, trustee, association, or any other entity.
(4) “Residential mortgage loan” means a loan or agreement to extend credit made to a person, which loan is secured by a deed to secure debt, security deed, mortgage, security interest, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia including the renewal or refinancing of any such loan.
CREDIT(S)
Laws 2005, Act 162, § 2, eff. May 5, 2005; Laws 2006, Act 453, § 16, eff. April 14, 2006; Laws 2012, Act 648, § 1, eff. July 1, 2012.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-102
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 5. Residential Mortgage Fraud (Refs & Annos)
§ 16-8-102. Residential mortgage fraud; elements
A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person:
(1) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
(2) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
(3) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (1) or (2) of this Code section;
(4) Conspires to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or
(5) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.
An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process nor upon truthful information contained in documents filed with the official registrar of deeds of any county of this state for the stated purpose of correcting scrivener's errors, mistakes, inadvertent misstatements, or omissions contained in previously filed documents.
CREDIT(S)
Laws 2005, Act 162, § 2, eff. May 5, 2005; Laws 2012, Act 648, § 2, eff. July 1, 2012.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-103
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 5. Residential Mortgage Fraud (Refs & Annos)
§ 16-8-103. Venue
For the purpose of venue under this article, any violation of this article shall be considered to have been committed:
(1) In the county in which the residential property for which a mortgage loan is being sought is located;
(2) In any county in which any act was performed in furtherance of the violation;
(3) In any county in which any person alleged to have violated this article had control or possession of any proceeds of the violation;
(4) If a closing occurred, in any county in which the closing occurred; or
(5) In any county in which a document containing a deliberate misstatement, misrepresentation, or omission is filed with the official registrar of deeds.
CREDIT(S)
Laws 2005, Act 162, § 2, eff. May 5, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-104
Effective: July 1, 2010
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 5. Residential Mortgage Fraud (Refs & Annos)
§ 16-8-104. Authority of Attorney General and district attorneys
District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.
CREDIT(S)
Laws 2005, Act 162, § 2, eff. May 5, 2005; Laws 2010, Act 678, § 1, eff. July 1, 2010.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-105
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 5. Residential Mortgage Fraud (Refs & Annos)
§ 16-8-105. Violation is a felony; penalties
(a) Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both.
(b) If a violation of this article involves engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, said violation shall be punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both.
(c) Each residential property transaction subject to a violation of this article shall constitute a separate offense and shall not merge with any other crimes set forth in this title.
CREDIT(S)
Laws 2005, Act 162, § 2, eff. May 5, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-8-106
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 8. Offenses Involving Theft (Refs & Annos)
Article 5. Residential Mortgage Fraud (Refs & Annos)
§ 16-8-106. Forfeiture of property
All real and personal property of every kind used or intended for use in the course of, derived from, or realized through a violation of this article shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure set forth in Code Section 16-14-7. District attorneys and the Attorney General may commence forfeiture proceedings under this article.
CREDIT(S)
Laws 2005, Act 162, § 2, eff. May 5, 2005.
Current through the 2012 Regular Session
Ga. Code Ann., T. 16, Ch. 9, Refs & Annos
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses
Chapter 9. Forgery and Fraudulent Practices
Current through the 2012 Regular Session
Ga. Code Ann., § 16-9-1
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 9. Forgery and Fraudulent Practices (Refs & Annos)
Article 1. Forgery and Related Offenses
§ 16-9-1. Offense of forgery
(a) As used in this Code section, the term:
(1) “Bank” means incorporated banks, savings banks, banking companies, trust companies, credit unions, and other corporations doing a banking business.
(2) “Check” means any instrument for the payment or transmission of money payable on demand and drawn on a bank.
(3) “Writing” includes, but shall not be limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.
(b) A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.
(c) A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
(d) A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly:
(1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
(2) Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
(e) A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly:
(1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
(2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 6; Laws 2012, Act 709, § 3-5, eff. July 1, 2012.
Formerly Code 1933, § 26-1701.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-9-2
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 9. Forgery and Fraudulent Practices (Refs & Annos)
Article 1. Forgery and Related Offenses
§ 16-9-2. Punishment
(a) A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years.
(b) A person who commits the offense of forgery in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(c) A person who commits the offense of forgery in the third degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(d) A person who commits the offense of forgery in the fourth degree shall be guilty of a misdemeanor; provided, however, that upon the third and all subsequent convictions for such offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
CREDIT(S)
Laws 1968, p. 1249, § 1; Laws 1969, p. 857, § 6; Laws 1982, p. 3, § 16; Laws 2012, Act 709, § 3-5, eff. July 1, 2012.
Formerly Code 1933, § 26-1702.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-9-3
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 9. Forgery and Fraudulent Practices (Refs & Annos)
Article 1. Forgery and Related Offenses
§ 16-9-3. Repealed by Laws 2012, Act 709, § 3-5, eff. July 1, 2012
Current through the 2012 Regular Session
Ga. Code Ann., § 16-9-4
Effective: October 1, 2009
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 9. Forgery and Fraudulent Practices (Refs & Annos)
Article 1. Forgery and Related Offenses
§ 16-9-4. Possession, display, use, manufacture, alteration, sale, or distribution of false, fictitious, fraudulent, or altered identification document
(a) As used in this Code section, the term:
(1) “Access device” means a unique electronic identification number, address, description, or routing code or a device containing a unique electronic identification number, address, description, or routing code issued to an individual which permits or facilitates entry into a facility or computer or provides access to the financial resources, including, but not limited, to the credit resources of the individual to whom the device or card is issued.
(2) “Description” means any identifying information about a person, including, but not limited to, date of birth, place of birth, address, social security number, height, weight, hair or eye color, or unique biometric data such as fingerprint, voice print, retina or iris image, DNA profile, or other unique physical representation.
(3) “Government agency” means any agency of the executive, legislative, or judicial branch of government or political subdivision or authority thereof of this state, any other state, the United States, or any foreign government or international governmental or quasi-governmental agency recognized by the United States or by any of the several states.
(4) “Identification document” means:
(A) Any document or card issued to an individual by a government agency or by the authority of a government agency containing the name of a person and a description of the person or such person's photograph, or both, and includes, without being limited to, a passport, visa, military identification card, driver's license, or an identification card;
(B) Any document issued to an individual for the purpose of identification by or with the authority of the holder of a trademark or trade name of another, as these terms are defined in Code Section 10-1-371, that contains the trademark or trade name and the name of the person to whom the document is issued and a description of the person or the person's photograph, or both; or
(C) Any access device.
(b)(1) It shall be unlawful for any person to knowingly possess, display, or use any false, fictitious, fraudulent, or altered identification document.
(2) It shall be unlawful for any person to knowingly manufacture, alter, sell, distribute, deliver, possess with intent to sell, deliver, or distribute, or offer for sale, delivery, or distribution a false, fraudulent, or fictitious identification document or any identification document which contains any false, fictitious, or fraudulent statement or entry.
(3) It shall be unlawful for any person to knowingly manufacture, alter, sell, distribute, deliver, possess with the intent to sell, deliver, or distribute, or offer for sale, delivery, or distribution any identification document containing the trademark or trade name of another without the written consent of the owner of the trademark or trade name.
(4) It shall be unlawful for any person to knowingly possess, display, or use any false, fictitious, fraudulent, or altered identification document containing the logo or legal or official seal of a government agency or any colorable imitation thereof in furtherance of a conspiracy or attempt to commit a violation of the criminal laws of this state or of the United States or any of the several states which is punishable by imprisonment for one year or more.
(5) It shall be unlawful for any person to knowingly manufacture, alter, sell, distribute, deliver, possess with the intent to sell, deliver, or distribute, or offer for sale or distribution any other identification document containing the logo or legal or official seal of a government agency or any colorable imitation thereof without the written consent of the government agency.
(6) It shall be unlawful for any person to knowingly possess, display, or use an identification document issued to or on behalf of another person without the permission or consent of the other person for a lawful purpose, unless the identification document is possessed, displayed, or used with the intent to restore it to the other person or government agency or other entity that issued the identification document to the person.
(c)(1) Except as provided in paragraph (2) or (3) of this subsection, any person who violates the provisions of paragraph (1), (3), or (6) of subsection (b) of this Code section shall be guilty of a misdemeanor.
(2) Except as provided in paragraph (3) of this subsection, any person who violates the provisions of paragraph (1), (3), or (6) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 or by imprisonment for not more than three years, or both.
(3) Except as provided in paragraph (5) of this subsection, any person who manufactures, alters, sells, distributes, delivers, receives, possesses, or offers for sale or distribution three or more identification documents in violation of the provisions of subsection (b) of this Code section shall be punished by imprisonment for not less than three nor more than ten years, a fine not to exceed $100,000.00, or both.
(4) Except as provided in paragraph (3) or (5) of this subsection, any person who violates the provisions of paragraph (2), (4), or (5) of subsection (b) of this Code section shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $100,000.00, or both.
(5) Any person who is under 21 years of age and violates the provisions of subsection (b) of this Code section for the purpose of the identification being used to obtain entry into an age restricted facility or being used to purchase a consumable good that is age restricted, shall, upon a first conviction thereof, be guilty of a misdemeanor and upon a second or subsequent conviction shall be punished as for a misdemeanor of a high and aggravated nature.
(6) Any person convicted of an attempt or conspiracy to violate the provisions of subsection (b) of this Code section shall be punished by imprisonment, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
(d) Each violation of this Code section shall constitute a separate offense.
(e) Any violation of this Code section shall be considered to have been committed in any county of this state in which the evidence shows that the identification document was manufactured, altered, sold, displayed, distributed, delivered, received, offered for sale or distribution, or possessed.
(f) The provisions of this Code section shall not apply to any lawfully authorized investigative, protective, or intelligence activity of an agency of the United States, this state, or any of the several states or their political subdivisions or any activity authorized under Chapter 224 of Title 18 of the United States Code or any similar such law relating to witness protection.
(g) It shall not be a defense to a violation of this Code section that a false, fictitious, fraudulent, or altered identification document contained words indicating that it is not an identification document.
(h)(1) Any property which is used, intended for use, or used in any manner to facilitate a violation of this Code section is contraband and forfeited to the state and no person shall have a property interest in it. Such property may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment.
(2) Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49.
(3) If property subject to forfeiture cannot be located; has been transferred or conveyed to, sold to, or deposited with a third party; is beyond the jurisdiction of the court; has been substantially diminished in value while not in the actual physical custody of a receiver or governmental agency directed to maintain custody of the property; or has been commingled with other property that cannot be divided without difficulty, the court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under this subsection in accordance with the procedures set forth in subsection (x) of Code Section 16-13-49.
(4) The provisions of paragraphs (3), (4), and (5) of subsection (x) and subsection (z) of Code Section 16-13-49 shall be applicable to any proceedings brought pursuant to this subsection.
(i) It shall be an affirmative defense to the manufacturing, selling, or distributing of identification documents that contain false, fictitious, or altered information that the person manufacturing, selling, or distributing the documents used due diligence to ascertain the truth of the information contained in the identification document.
CREDIT(S)
Laws 1988, p. 760, § 1; Laws 2002, p. 551, § 1; Laws 2008, Act 714, § 1, eff. July 1, 2008; Laws 2009, Act 70, § 1, eff. Oct. 1, 2009.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-9-5
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 9. Forgery and Fraudulent Practices (Refs & Annos)
Article 1. Forgery and Related Offenses
§ 16-9-5. Manufacture, sale, distribution, or possession of counterfeit or false proof of insurance document
(a) As used in this Code section, the term “proof of insurance document” means any document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 40-6-10.
(b)(1) It shall be unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insurance document.
(2) It shall be unlawful for any person to possess a counterfeit or false proof of insurance document.
(3) A proof of insurance document shall be deemed counterfeit or false if the proof of insurance document has been altered, modified, or originally issued in any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insurance thereon.
(c)(1) Any person who violates paragraph (1) of subsection (b) of this Code section on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $ 5,000.00 or by imprisonment for not more than three years, or both.
(2) Any person who violates paragraph (2) of subsection (b) of this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1990, p. 1440, § 1; Laws 1991, p. 94, § 16; Laws 2000, p. 429, § 2.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-9-6
Effective:[See Text Amendments]
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 9. Forgery and Fraudulent Practices (Refs & Annos)
Article 1. Forgery and Related Offenses
§ 16-9-6. Breach of fiduciary obligation against person who is 65 years of age or older
Unless a greater penalty is specifically provided in this chapter, any violation of this chapter by a fiduciary in breach of a fiduciary obligation against a person who is 65 years of age or older shall be punished by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both.
CREDIT(S)
Laws 2000, p. 1085, § 4.
Current through the 2012 Regular Session
Ga. Code Ann., § 16-9-20
Effective: July 1, 2012
West's Code of Georgia Annotated Currentness
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 9. Forgery and Fraudulent Practices (Refs & Annos)
Article 2. Deposit Account Fraud
§ 16-9-20. Deposit account fraud
(a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:
(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;
(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him or her shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph:
(A) Notice mailed by certified or registered mail or statutory overnight delivery evidenced by return receipt to the person at the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received as of the date on the return receipt by the person making, drawing, uttering, executing, or delivering the instrument. A single notice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all instruments on which payment was refused and which were delivered within a ten-day period by the accused to a single entity, provided that the form of notice lists and identifies each instrument; and
(B) The form of notice shall be substantially as follows:
“You are hereby notified that the following instrument(s)
|
Number |
Date |
Amount |
Name of Bank |
|
_______ |
_______ |
_______ |
______________________________________ |
|
_______ |
_______ |
_______ |
______________________________________ |
|
_______ |
_______ |
_______ |
______________________________________ |
|
_______ |
_______ |
_______ |
______________________________________ |
|
_______ |
_______ |
_______ |
______________________________________ |