O.C.G.A. § 16-13-32-1 — GA Code / Title 16 / Chapter 13 / Section 16-13-32-1
Georgia Code Title 16. Crimes and Offenses § 16-13-32.1
Status: in_force

(a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute any object or materials of any kind which such person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.

(a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute any object or materials of any kind which such person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.

(b) Unless stated within the body of the advertisement or notice that the object or materials that are advertised or about which information is disseminated are not available for distribution of any sort in this state, it shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, distribute, or possess with intent to distribute any advertisement of any kind or notice of any kind which gives information, directly or indirectly, on where, how, from whom, or by what means any object or materials may be obtained or made, which object or materials such person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.

(b) Unless stated within the body of the advertisement or notice that the object or materials that are advertised or about which information is disseminated are not available for distribution of any sort in this state, it shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, distribute, or possess with intent to distribute any advertisement of any kind or notice of any kind which gives information, directly or indirectly, on where, how, from whom, or by what means any object or materials may be obtained or made, which object or materials such person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.

(c) In determining whether any object or materials are intended for any of the purposes listed in subsections (a) and (b) of this Code section, a court or other authority shall consider all logically relevant factors. In a trial under this Code section, any evidence admissible on this question under the rules of evidence shall be admitted. Subject to the rules of evidence, when they are the object of an offer of proof in a court proceeding, the following factors are among those that should be considered by a court or other authority on this question: (1) Statements by an owner or anyone in control of the object or materials; (2) Instructions provided with the object or materials; (3) Descriptive materials accompanying the object or materials; (4) National and local advertising or promotional materials concerning the object or materials; (5) The appearance of, and any writing or other representations appearing on, the object or materials; (6) The manner in which the object or materials are displayed for sale or other distribution; (7) Expert testimony concerning the object or materials; and (8) Any written or pictorial materials which are present in the place where the object is located.

(c) In determining whether any object or materials are intended for any of the purposes listed in subsections (a) and (b) of this Code section, a court or other authority shall consider all logically relevant factors. In a trial under this Code section, any evidence admissible on this question under the rules of evidence shall be admitted. Subject to the rules of evidence, when they are the object of an offer of proof in a court proceeding, the following factors are among those that should be considered by a court or other authority on this question:

(1) Statements by an owner or anyone in control of the object or materials;

(1) Statements by an owner or anyone in control of the object or materials;

(2) Instructions provided with the object or materials;

(2) Instructions provided with the object or materials;

(3) Descriptive materials accompanying the object or materials;

(3) Descriptive materials accompanying the object or materials;

(4) National and local advertising or promotional materials concerning the object or materials;

(4) National and local advertising or promotional materials concerning the object or materials;

(5) The appearance of, and any writing or other representations appearing on, the object or materials;

(5) The appearance of, and any writing or other representations appearing on, the object or materials;

(6) The manner in which the object or materials are displayed for sale or other distribution;

(6) The manner in which the object or materials are displayed for sale or other distribution;

(7) Expert testimony concerning the object or materials; and

(7) Expert testimony concerning the object or materials; and

(8) Any written or pictorial materials which are present in the place where the object is located.

(8) Any written or pictorial materials which are present in the place where the object is located.

(d) For a first offense, any person or corporation which violates any provision of this Code section shall be guilty of a misdemeanor. For a second offense, the defendant shall be guilty of a misdemeanor of a high and aggravated nature. For a third or subsequent offense, the defendant shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years and shall be fined not more than $5,000.00.

(d) For a first offense, any person or corporation which violates any provision of this Code section shall be guilty of a misdemeanor. For a second offense, the defendant shall be guilty of a misdemeanor of a high and aggravated nature. For a third or subsequent offense, the defendant shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years and shall be fined not more than $5,000.00.

(e) All objects and materials which are distributed or possessed in violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term “proceeds” shall have the same meaning as set forth in Code Section 9-16-2 .

(e) All objects and materials which are distributed or possessed in violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term “proceeds” shall have the same meaning as set forth in Code Section 9-16-2 .

(f) This Code section shall not apply to hypodermic needles or syringes.

(f) This Code section shall not apply to hypodermic needles or syringes.
O.C.G.A. § 16-8-12 — GA Code / Title 16 / Chapter 8 / Section 16-8-12
Georgia Code Title 16. Crimes and Offenses § 16-8-12
Status: reserved

(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 year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five 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) Reserved; 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.

(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;

(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;

(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;

(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

(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;

(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;

(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;

(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;

(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 ;

(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.

(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 ;

(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 year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years;

(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.

(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 .

(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 .

(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.

(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 year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years;

(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 year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five 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;

(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) Reserved; or

(8) Reserved; 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.

(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) Reserved.

(b) Reserved.

(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.

(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.
O.C.G.A. § 16-11-124 — GA Code / Title 16 / Chapter 11 / Section 16-11-124
Georgia Code Title 16. Crimes and Offenses § 16-11-124
Status: in_force

This part shall not apply to:

(1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his duties;

(1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his duties;

(2) A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, or coast guard who, while serving therein, possesses such firearm in the line of duty;

(2) A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, or coast guard who, while serving therein, possesses such firearm in the line of duty;

(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials;

(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials;

(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 ( 26 U.S.C. Sections 5841 - 5862 ); and

(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 ( 26 U.S.C. Sections 5841 - 5862 ); and

(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers.

(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers.
O.C.G.A. § 16-9-155 — GA Code / Title 16 / Chapter 9 / Section 16-9-155
Georgia Code Title 16. Crimes and Offenses § 16-9-155
Status: in_force

(a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152 , subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153 , or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.

(a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152 , subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153 , or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.

(b) The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following: (1) A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations; (2) Costs and reasonable attorney's fees; and (3) An order to enjoin the violation.

(b) The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following:

(1) A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations;

(1) A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations;

(2) Costs and reasonable attorney's fees; and

(2) Costs and reasonable attorney's fees; and

(3) An order to enjoin the violation.

(3) An order to enjoin the violation.

(c) In the case of a violation of subparagraph (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following: (1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call; (2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls; (3) Costs and reasonable attorney's fees; and (4) An order to enjoin the violation.

(c) In the case of a violation of subparagraph (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:

(1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call;

(1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call;

(2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls;

(2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls;

(3) Costs and reasonable attorney's fees; and

(3) Costs and reasonable attorney's fees; and

(4) An order to enjoin the violation.

(4) An order to enjoin the violation.

(d) An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following: (1) Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations; (2) Costs and reasonable attorney's fees; and (3) An order to enjoin the violation.

(d) An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following:

(1) Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations;

(1) Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations;

(2) Costs and reasonable attorney's fees; and

(2) Costs and reasonable attorney's fees; and

(3) An order to enjoin the violation.

(3) An order to enjoin the violation.
O.C.G.A. § 16-12-213 — GA Code / Title 16 / Chapter 12 / Section 16-12-213
Georgia Code Title 16. Crimes and Offenses § 16-12-213
Status: in_force

(a) The commission shall require that each Class 1 production licensee and Class 2 production licensee establish, maintain, and utilize, directly or by contract, a tracking system. The commission shall approve one or more vendors to provide or operate tracking systems.

(a) The commission shall require that each Class 1 production licensee and Class 2 production licensee establish, maintain, and utilize, directly or by contract, a tracking system. The commission shall approve one or more vendors to provide or operate tracking systems.

(b) A tracking system shall have the functions and capabilities described in subsections (c) and (d) of this Code section and shall be operated in compliance with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

(b) A tracking system shall have the functions and capabilities described in subsections (c) and (d) of this Code section and shall be operated in compliance with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

(c) The tracking system shall be hosted on a platform that allows for: (1) Dynamic allocation of resources; (2) Data redundancy; and (3) Recovery from natural disaster within 12 hours.

(c) The tracking system shall be hosted on a platform that allows for:

(1) Dynamic allocation of resources;

(1) Dynamic allocation of resources;

(2) Data redundancy; and

(2) Data redundancy; and

(3) Recovery from natural disaster within 12 hours.

(3) Recovery from natural disaster within 12 hours.

(d) The tracking system shall be capable of: (1) Tracking all plants, products, packages, and registered patients' purchase totals, waste, transfers, conversions, sales, and returns that, if practicable, are linked to unique identification numbers; (2) Tracking lot and batch information throughout the entire chain of custody; (3) Tracking all marijuana, low THC oil, and products throughout the entire chain of custody; (4) Tracking plant, batch, and marijuana, low THC oil, and product destruction; (5) Tracking transportation of marijuana, low THC oil, and products; (6) Performing complete batch recall tracking that clearly identifies all of the following details relating to the specific batch subject to the recall: (A) Amount of low THC oil and products sold; (B) Amount of low THC oil and products inventory that is finished and available for sale; (C) Amount of low THC oil and products that is in the process of transfer; (D) Amount of low THC oil and products being processed into another form; and (E) Amount of postharvest raw marijuana, such as marijuana that is in the drying, trimming, or curing process; (7) Reporting and tracking loss, theft, or diversion of marijuana, low THC oil, or products; (8) Reporting and tracking all inventory discrepancies; (9) Reporting and tracking adverse patient responses or dose related efficacy issues; (10) Reporting and tracking all sales and refunds; (11) Tracking purchase limits and flagging purchases in excess of authorized limits; (12) Receiving electronically submitted information required to be reported under this Code section; (13) Receiving testing results electronically from a laboratory via a secured application program interface into the tracking system and directly linking the testing results to each applicable source batch and sample; (14) Flagging test results that have characteristics indicating that they may have been altered; (15) Providing information to cross-check that low THC oil and product sales are made to a registered patient, caregiver, or designated caregiver and that the low THC oil and products received the required testing; (16) Providing the commission with real-time access to information in the tracking system; and (17) Providing real-time information to the commission regarding key performance indicators, including: (A) Total low THC oil and products daily sales; (B) Total marijuana plants in production; (C) Total marijuana plants destroyed; and (D) Total inventory adjustments.

(d) The tracking system shall be capable of:

(1) Tracking all plants, products, packages, and registered patients' purchase totals, waste, transfers, conversions, sales, and returns that, if practicable, are linked to unique identification numbers;

(1) Tracking all plants, products, packages, and registered patients' purchase totals, waste, transfers, conversions, sales, and returns that, if practicable, are linked to unique identification numbers;

(2) Tracking lot and batch information throughout the entire chain of custody;

(2) Tracking lot and batch information throughout the entire chain of custody;

(3) Tracking all marijuana, low THC oil, and products throughout the entire chain of custody;

(3) Tracking all marijuana, low THC oil, and products throughout the entire chain of custody;

(4) Tracking plant, batch, and marijuana, low THC oil, and product destruction;

(4) Tracking plant, batch, and marijuana, low THC oil, and product destruction;

(5) Tracking transportation of marijuana, low THC oil, and products;

(5) Tracking transportation of marijuana, low THC oil, and products;

(6) Performing complete batch recall tracking that clearly identifies all of the following details relating to the specific batch subject to the recall: (A) Amount of low THC oil and products sold; (B) Amount of low THC oil and products inventory that is finished and available for sale; (C) Amount of low THC oil and products that is in the process of transfer; (D) Amount of low THC oil and products being processed into another form; and (E) Amount of postharvest raw marijuana, such as marijuana that is in the drying, trimming, or curing process;

(6) Performing complete batch recall tracking that clearly identifies all of the following details relating to the specific batch subject to the recall:

(A) Amount of low THC oil and products sold;

(A) Amount of low THC oil and products sold;

(B) Amount of low THC oil and products inventory that is finished and available for sale;

(B) Amount of low THC oil and products inventory that is finished and available for sale;

(C) Amount of low THC oil and products that is in the process of transfer;

(C) Amount of low THC oil and products that is in the process of transfer;

(D) Amount of low THC oil and products being processed into another form; and

(D) Amount of low THC oil and products being processed into another form; and

(E) Amount of postharvest raw marijuana, such as marijuana that is in the drying, trimming, or curing process;

(E) Amount of postharvest raw marijuana, such as marijuana that is in the drying, trimming, or curing process;

(7) Reporting and tracking loss, theft, or diversion of marijuana, low THC oil, or products;

(7) Reporting and tracking loss, theft, or diversion of marijuana, low THC oil, or products;

(8) Reporting and tracking all inventory discrepancies;

(8) Reporting and tracking all inventory discrepancies;

(9) Reporting and tracking adverse patient responses or dose related efficacy issues;

(9) Reporting and tracking adverse patient responses or dose related efficacy issues;

(10) Reporting and tracking all sales and refunds;

(10) Reporting and tracking all sales and refunds;

(11) Tracking purchase limits and flagging purchases in excess of authorized limits;

(11) Tracking purchase limits and flagging purchases in excess of authorized limits;

(12) Receiving electronically submitted information required to be reported under this Code section;

(12) Receiving electronically submitted information required to be reported under this Code section;

(13) Receiving testing results electronically from a laboratory via a secured application program interface into the tracking system and directly linking the testing results to each applicable source batch and sample;

(13) Receiving testing results electronically from a laboratory via a secured application program interface into the tracking system and directly linking the testing results to each applicable source batch and sample;

(14) Flagging test results that have characteristics indicating that they may have been altered;

(14) Flagging test results that have characteristics indicating that they may have been altered;

(15) Providing information to cross-check that low THC oil and product sales are made to a registered patient, caregiver, or designated caregiver and that the low THC oil and products received the required testing;

(15) Providing information to cross-check that low THC oil and product sales are made to a registered patient, caregiver, or designated caregiver and that the low THC oil and products received the required testing;

(16) Providing the commission with real-time access to information in the tracking system; and

(16) Providing the commission with real-time access to information in the tracking system; and

(17) Providing real-time information to the commission regarding key performance indicators, including: (A) Total low THC oil and products daily sales; (B) Total marijuana plants in production; (C) Total marijuana plants destroyed; and (D) Total inventory adjustments.

(17) Providing real-time information to the commission regarding key performance indicators, including:

(A) Total low THC oil and products daily sales;

(A) Total low THC oil and products daily sales;

(B) Total marijuana plants in production;

(B) Total marijuana plants in production;

(C) Total marijuana plants destroyed; and

(C) Total marijuana plants destroyed; and

(D) Total inventory adjustments.

(D) Total inventory adjustments.

(e) A Class 1 production licensee or Class 2 production licensee shall supply the relevant tracking or testing information regarding each plant, product, package, batch, test, transfer, conversion, sale, recall, or disposition of marijuana, low THC oil, or products in or from such licensee's possession or control on forms created by the commission.

(e) A Class 1 production licensee or Class 2 production licensee shall supply the relevant tracking or testing information regarding each plant, product, package, batch, test, transfer, conversion, sale, recall, or disposition of marijuana, low THC oil, or products in or from such licensee's possession or control on forms created by the commission.
O.C.G.A. § 16-9-103 — GA Code / Title 16 / Chapter 9 / Section 16-9-103
Georgia Code Title 16. Crimes and Offenses § 16-9-103
Status: in_force

For the purpose of venue under this part, any violation of this part shall be considered to have been committed:

(1) In the county of the principal place of business in this state of the owner of an involved protected computer, computer network, or any part thereof;

(1) In the county of the principal place of business in this state of the owner of an involved protected computer, computer network, or any part thereof;

(2) In any county in which any person alleged to have violated any provision of this part had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation;

(2) In any county in which any person alleged to have violated any provision of this part had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation;

(3) In any county in which any act was performed in furtherance of any transaction which violated this part; and

(3) In any county in which any act was performed in furtherance of any transaction which violated this part; and

(4) In any county from which, to which, or through which any use of an involved protected computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.

(4) In any county from which, to which, or through which any use of an involved protected computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.
O.C.G.A. § 16-7-29 — GA Code / Title 16 / Chapter 7 / Section 16-7-29
Georgia Code Title 16. Crimes and Offenses § 16-7-29
Status: in_force

(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.

(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; or (4) Wearing an electronic monitoring device as a condition of parole.

(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 ;

(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;

(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; or

(3) Wearing an electronic monitoring device as a condition of probation; or

(4) Wearing an electronic monitoring device as a condition of parole.

(4) Wearing an electronic monitoring device as a condition of parole.

(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.

(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.

(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.
O.C.G.A. § 16-11-39-2 — GA Code / Title 16 / Chapter 11 / Section 16-11-39-2
Georgia Code Title 16. Crimes and Offenses § 16-11-39.2
Status: in_force

(a) As used in this Code section, the term: (1) “Call” shall have the same meaning as set forth in paragraph (2.1) of Code Section 46-5-122 . (2) “ False report ” means the fabrication of an incident or crime or of material information relating to an incident or crime which the person making the report knows to be false at the time of making the report. (3) “ Harass ” means to knowingly and willingly engage in any conduct directed toward a communications officer that is likely to impede or interfere with such communications officer's duties, that threatens such communication officer or any member of his or her family, or that places any member of the public served or to be served by 9-1-1 service in danger of injury or delayed assistance. (4) “ Harassing ” means the willful use of opprobrious and abusive language which has no legitimate purpose in relation to imparting information relevant to an emergency call. (5) “ 9-1-1 ” means a public safety answering point as defined in paragraph (15) of Code Section 46-5-122 . The term “ 9-1-1 ” also means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point.

(a) As used in this Code section, the term:

(1) “Call” shall have the same meaning as set forth in paragraph (2.1) of Code Section 46-5-122 .

(1) “Call” shall have the same meaning as set forth in paragraph (2.1) of Code Section 46-5-122 .

(2) “ False report ” means the fabrication of an incident or crime or of material information relating to an incident or crime which the person making the report knows to be false at the time of making the report.

(2) “ False report ” means the fabrication of an incident or crime or of material information relating to an incident or crime which the person making the report knows to be false at the time of making the report.

(3) “ Harass ” means to knowingly and willingly engage in any conduct directed toward a communications officer that is likely to impede or interfere with such communications officer's duties, that threatens such communication officer or any member of his or her family, or that places any member of the public served or to be served by 9-1-1 service in danger of injury or delayed assistance.

(3) “ Harass ” means to knowingly and willingly engage in any conduct directed toward a communications officer that is likely to impede or interfere with such communications officer's duties, that threatens such communication officer or any member of his or her family, or that places any member of the public served or to be served by 9-1-1 service in danger of injury or delayed assistance.

(4) “ Harassing ” means the willful use of opprobrious and abusive language which has no legitimate purpose in relation to imparting information relevant to an emergency call.

(4) “ Harassing ” means the willful use of opprobrious and abusive language which has no legitimate purpose in relation to imparting information relevant to an emergency call.

(5) “ 9-1-1 ” means a public safety answering point as defined in paragraph (15) of Code Section 46-5-122 . The term “ 9-1-1 ” also means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point.

(5) “ 9-1-1 ” means a public safety answering point as defined in paragraph (15) of Code Section 46-5-122 . The term “ 9-1-1 ” also means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point.

(b) A person commits the offense of unlawful conduct during a 9-1-1 telephone call if he or she: (1) Without provocation, uses obscene, vulgar, or profane language with the intent to intimidate or harass a 9-1-1 communications officer; (2) Calls or otherwise contacts 9-1-1, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting a 9-1-1 communications officer or for the purpose of interfering with or disrupting emergency telephone service; (3) Calls or otherwise contacts 9-1-1 and fails to hang up or disengage the connection for the intended purpose of interfering with or disrupting emergency service; (4) Calls or otherwise contacts 9-1-1 with the intention to harass a communications officer; or (5) Calls or otherwise contacts 9-1-1 and makes a false report.

(b) A person commits the offense of unlawful conduct during a 9-1-1 telephone call if he or she:

(1) Without provocation, uses obscene, vulgar, or profane language with the intent to intimidate or harass a 9-1-1 communications officer;

(1) Without provocation, uses obscene, vulgar, or profane language with the intent to intimidate or harass a 9-1-1 communications officer;

(2) Calls or otherwise contacts 9-1-1, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting a 9-1-1 communications officer or for the purpose of interfering with or disrupting emergency telephone service;

(2) Calls or otherwise contacts 9-1-1, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting a 9-1-1 communications officer or for the purpose of interfering with or disrupting emergency telephone service;

(3) Calls or otherwise contacts 9-1-1 and fails to hang up or disengage the connection for the intended purpose of interfering with or disrupting emergency service;

(3) Calls or otherwise contacts 9-1-1 and fails to hang up or disengage the connection for the intended purpose of interfering with or disrupting emergency service;

(4) Calls or otherwise contacts 9-1-1 with the intention to harass a communications officer; or

(4) Calls or otherwise contacts 9-1-1 with the intention to harass a communications officer; or

(5) Calls or otherwise contacts 9-1-1 and makes a false report.

(5) Calls or otherwise contacts 9-1-1 and makes a false report.

(c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or 12 months in jail, or both.

(c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or 12 months in jail, or both.

(d) Any violation of subsection (b) of this Code section shall be considered to have been committed in any county where such call to or contact with 9-1-1 originated or in any county where the call to or contact with 9-1-1 was received.

(d) Any violation of subsection (b) of this Code section shall be considered to have been committed in any county where such call to or contact with 9-1-1 originated or in any county where the call to or contact with 9-1-1 was received.
O.C.G.A. § 16-7-88 — GA Code / Title 16 / Chapter 7 / Section 16-7-88
Georgia Code Title 16. Crimes and Offenses § 16-7-88
Status: in_force

(a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device, explosive, bacteriological weapon, or biological weapon 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.

(a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device, explosive, bacteriological weapon, or biological weapon 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.

(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.

(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.
O.C.G.A. § 16-12-61 — GA Code / Title 16 / Chapter 12 / Section 16-12-61
Georgia Code Title 16. Crimes and Offenses § 16-12-61
Status: in_force

The Secretary of State is authorized to promulgate rules and regulations which he or she deems necessary for the proper administration and enforcement of this part.
O.C.G.A. § 16-11-38 — GA Code / Title 16 / Chapter 11 / Section 16-11-38
Georgia Code Title 16. Crimes and Offenses § 16-11-38
Status: in_force

(a) A person is guilty of a misdemeanor when he or she: (1) Wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity; (2) Is upon: (A) Any public way or public property; or (B) The private property of another without the written permission of the owner or occupier of such private property to do so; and (3) Intends to conceal his or her identity.

(a) A person is guilty of a misdemeanor when he or she:

(1) Wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity;

(1) Wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity;

(2) Is upon: (A) Any public way or public property; or (B) The private property of another without the written permission of the owner or occupier of such private property to do so; and

(2) Is upon:

(A) Any public way or public property; or

(A) Any public way or public property; or

(B) The private property of another without the written permission of the owner or occupier of such private property to do so; and

(B) The private property of another without the written permission of the owner or occupier of such private property to do so; and

(3) Intends to conceal his or her identity.

(3) Intends to conceal his or her identity.

(b) Without limiting the generality of subsection (a) of this Code section, no person shall be guilty of violating this Code section by: (1) Wearing a traditional holiday costume on the occasion of the holiday; (2) Lawfully engaging in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade, profession, or sporting activity; (3) Using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls; (4) Wearing a gas mask prescribed in emergency management drills and exercises or emergencies; or (5) Wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider to prevent the spread of COVID-19 or other coronaviruses or influenza or other infectious diseases.

(b) Without limiting the generality of subsection (a) of this Code section, no person shall be guilty of violating this Code section by:

(1) Wearing a traditional holiday costume on the occasion of the holiday;

(1) Wearing a traditional holiday costume on the occasion of the holiday;

(2) Lawfully engaging in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade, profession, or sporting activity;

(2) Lawfully engaging in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade, profession, or sporting activity;

(3) Using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls;

(3) Using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls;

(4) Wearing a gas mask prescribed in emergency management drills and exercises or emergencies; or

(4) Wearing a gas mask prescribed in emergency management drills and exercises or emergencies; or

(5) Wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider to prevent the spread of COVID-19 or other coronaviruses or influenza or other infectious diseases.

(5) Wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider to prevent the spread of COVID-19 or other coronaviruses or influenza or other infectious diseases.
O.C.G.A. § 16-11-109 — GA Code / Title 16 / Chapter 11 / Section 16-11-109
Georgia Code Title 16. Crimes and Offenses § 16-11-109
Status: in_force

(a) It shall be unlawful during the pendency of such charges and any period of license revocation and ineligibility pursuant to Code Section 16-11-110 for any person charged with or convicted of a violation of subsection (a) of Code Section 16-11-108 to either: (1) Hunt without a license in violation of Code Section 27-2-1 ; or (2) Possess a Georgia hunting license other than a temporary hunting license issued by the director of the Game and Fish Division of the Department of Natural Resources pursuant to the provisions of subsection (c) of Code Section 16-11-108 .

(a) It shall be unlawful during the pendency of such charges and any period of license revocation and ineligibility pursuant to Code Section 16-11-110 for any person charged with or convicted of a violation of subsection (a) of Code Section 16-11-108 to either:

(1) Hunt without a license in violation of Code Section 27-2-1 ; or

(1) Hunt without a license in violation of Code Section 27-2-1 ; or

(2) Possess a Georgia hunting license other than a temporary hunting license issued by the director of the Game and Fish Division of the Department of Natural Resources pursuant to the provisions of subsection (c) of Code Section 16-11-108 .

(2) Possess a Georgia hunting license other than a temporary hunting license issued by the director of the Game and Fish Division of the Department of Natural Resources pursuant to the provisions of subsection (c) of Code Section 16-11-108 .

(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both.

(c) Upon conviction of a violation of subsection (a) of this Code section, the court shall, within 15 days of such conviction, forward any hunting license found in the possession of the convicted person and a copy of the record of the disposition of the case to the Game and Fish Division of the Department of Natural Resources.

(c) Upon conviction of a violation of subsection (a) of this Code section, the court shall, within 15 days of such conviction, forward any hunting license found in the possession of the convicted person and a copy of the record of the disposition of the case to the Game and Fish Division of the Department of Natural Resources.
O.C.G.A. § 16-11-113 — GA Code / Title 16 / Chapter 11 / Section 16-11-113
Georgia Code Title 16. Crimes and Offenses § 16-11-113
Status: in_force

(a) Any person who knowingly attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm to an individual who is not the actual buyer, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2 , or to an individual who has been convicted of a felony by a court of this state or any other state, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years.

(a) Any person who knowingly attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm to an individual who is not the actual buyer, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2 , or to an individual who has been convicted of a felony by a court of this state or any other state, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years.

(b)(1) Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state 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; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years. (2) Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony. (3) This subsection shall not apply to any person providing a firearm to any other person who has been: (A) Pardoned for the 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 constitutions or laws of any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or (B) Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section.

(b)(1) Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state 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; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years.

(b)(1) Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state 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; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years.

(2) Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony.

(2) Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony.

(3) This subsection shall not apply to any person providing a firearm to any other person who has been: (A) Pardoned for the 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 constitutions or laws of any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or (B) Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section.

(3) This subsection shall not apply to any person providing a firearm to any other person who has been:

(A) Pardoned for the 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 constitutions or laws of any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or

(A) Pardoned for the 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 constitutions or laws of any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or

(B) Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section.

(B) Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section.

(c) This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3 , in the performance of his or her official duties or other person under such officer's direct supervision.

(c) This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3 , in the performance of his or her official duties or other person under such officer's direct supervision.
O.C.G.A. § 16-12-100-1 — GA Code / Title 16 / Chapter 12 / Section 16-12-100-1
Georgia Code Title 16. Crimes and Offenses § 16-12-100.1
Status: in_force

(a) As used in this Code section, the term: (1) “ Bulletin board system ” means a computer data and file service that is accessed wirelessly or by physical connection to store and transmit information. (2) “CD-ROM” means a compact disc with read only memory which has the capacity to store audio, video, and written materials and is used by computers to reveal the above-said material. (3) “ Electronically furnishes “ means: (A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or (B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board system. (4) “Harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (5) “Minor” means an unmarried person younger than 18 years of age. (6) “Sadomasochistic abuse” means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. (7) “Sexual conduct” means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. (8) “Sexual excitement” means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation.

(a) As used in this Code section, the term:

(1) “ Bulletin board system ” means a computer data and file service that is accessed wirelessly or by physical connection to store and transmit information.

(1) “ Bulletin board system ” means a computer data and file service that is accessed wirelessly or by physical connection to store and transmit information.

(2) “CD-ROM” means a compact disc with read only memory which has the capacity to store audio, video, and written materials and is used by computers to reveal the above-said material.

(2) “CD-ROM” means a compact disc with read only memory which has the capacity to store audio, video, and written materials and is used by computers to reveal the above-said material.

(3) “ Electronically furnishes “ means: (A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or (B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board system.

(3) “ Electronically furnishes “ means:

(A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or

(A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or

(B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board system.

(B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board system.

(4) “Harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

(4) “Harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;

(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;

(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

(5) “Minor” means an unmarried person younger than 18 years of age.

(5) “Minor” means an unmarried person younger than 18 years of age.

(6) “Sadomasochistic abuse” means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

(6) “Sadomasochistic abuse” means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

(7) “Sexual conduct” means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(7) “Sexual conduct” means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(8) “Sexual excitement” means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation.

(8) “Sexual excitement” means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation.

(b) A person commits the crime of electronically furnishing obscene materials to minors if: (1) Knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor: (A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or (B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse; (2) The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole; (3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and (4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest.

(b) A person commits the crime of electronically furnishing obscene materials to minors if:

(1) Knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor: (A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or (B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse;

(1) Knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor:

(A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or

(A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or

(B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse;

(B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse;

(2) The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole;

(2) The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole;

(3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and

(3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and

(4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest.

(4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest.

(c) Except as provided in subsection (d) of this Code section, any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

(c) Except as provided in subsection (d) of this Code section, any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

(d) Any person who violates this Code section shall be guilty of a misdemeanor if: (1) At the time of the offense, the minor receiving the obscene materials was at least 14 years of age; (2) The receipt of the materials was with the permission of the minor; and (3) The defendant was 18 years of age or younger.

(d) Any person who violates this Code section shall be guilty of a misdemeanor if:

(1) At the time of the offense, the minor receiving the obscene materials was at least 14 years of age;

(1) At the time of the offense, the minor receiving the obscene materials was at least 14 years of age;

(2) The receipt of the materials was with the permission of the minor; and

(2) The receipt of the materials was with the permission of the minor; and

(3) The defendant was 18 years of age or younger.

(3) The defendant was 18 years of age or younger.
O.C.G.A. § 16-17-1 — GA Code / Title 16 / Chapter 17 / Section 16-17-1
Georgia Code Title 16. Crimes and Offenses § 16-17-1
Status: in_force

(a) Without limiting in any manner the scope of this chapter, “ payday lending ” as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a “ payday lender ” shall be one who engages in such transactions. This definition of “ payday lending ” expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2 .

(a) Without limiting in any manner the scope of this chapter, “ payday lending ” as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a “ payday lender ” shall be one who engages in such transactions. This definition of “ payday lending ” expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2 .

(b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that cease and desist orders against various payday lenders in the State of Georgia have been issued, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease.

(b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that cease and desist orders against various payday lenders in the State of Georgia have been issued, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease.

(c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be “loans” made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2 . The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the “Georgia Installment Loan Act,” and the usury statutes of this state.

(c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be “loans” made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2 . The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the “Georgia Installment Loan Act,” and the usury statutes of this state.

(d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce. Certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited.

(d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce. Certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited.

(e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities.

(e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities.

(f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter.

(f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter.
O.C.G.A. § 16-6-17 — GA Code / Title 16 / Chapter 6 / Section 16-6-17
Georgia Code Title 16. Crimes and Offenses § 16-6-17
Status: in_force

(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.

(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.

(b) As used in this Code section, the term:

(1) “Masseur” means a male who practices massage or physiotherapy, or both.

(1) “Masseur” means a male who practices massage or physiotherapy, or both.

(2) “Masseuse” means a female 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.

(c) Any person who violates this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 16-6-5-1 — GA Code / Title 16 / Chapter 6 / Section 16-6-5-1
Georgia Code Title 16. Crimes and Offenses § 16-6-5.1
Status: in_force

(a) As used in this Code section, the term: (1) “ Agent ” means an individual authorized to act on behalf of another, with or without compensation. (1.1) “ Child-placing agency ” shall have the same meaning as set forth in Code Section 49-5-3 . (2) “ Child welfare and youth services ” shall have the same meaning as set forth in Code Section 49-5-3 . (3) “ Disability ” shall have the same meaning as set forth in Code Section 37-1-1 . (4) “ Employee ” means an individual who works for salary, wages, or other remuneration for an employer or sole proprietor. (4.1) “ Foster care home ” means a private home used by a child-placing agency which has been approved by the child-placing agency to provide 24 hour care, lodging, supervision, and maintenance for one or more children or a private home which has been approved and is directly supervised by the Department of Human Services to provide 24 hour care, lodging, supervision, and maintenance for one or more children. (4.2) “ Foster parent ” means the person or persons who provide care, lodging, supervision, and maintenance for one or more children in a foster care home used by a child-placing agency or in a foster care home approved and directly supervised by the Department of Human Services. (5) “ Intimate parts ” means the genital area, groin, inner thighs, buttocks, or breasts of a person. (5.1) “ Person in a position of trust ” means an individual with whom a parent, guardian, or other person standing in loco parentis of a minor has entered into an agreement entrusting such individual with the responsibility of education and supervision of such minor; provided, however, that no such status shall exist when the terms of the agreement have been satisfied or terminated and the minor is no longer under the supervision of such individual. (6) “ Psychotherapy ” means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (7) “ School ” means any educational institution, public or private, providing elementary or secondary education to children at any level, kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used, including extracurricular programs of such institution. (8) “ Sensitive care facility ” means 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 . (9) “ Sexual contact ” means any contact involving the intimate parts of either person for the purpose of sexual gratification of either person. (10) “ Sexually explicit conduct ” shall have the same meaning as set forth in Code Section 16-12-100 . (11) “ Sole proprietor ” means an individual who is an owner or operator of a program or facility rendering services or housing to another as a condition of such other person's probation or parole.

(a) As used in this Code section, the term:

(1) “ Agent ” means an individual authorized to act on behalf of another, with or without compensation.

(1) “ Agent ” means an individual authorized to act on behalf of another, with or without compensation.

(1.1) “ Child-placing agency ” shall have the same meaning as set forth in Code Section 49-5-3 .

(1.1) “ Child-placing agency ” shall have the same meaning as set forth in Code Section 49-5-3 .

(2) “ Child welfare and youth services ” shall have the same meaning as set forth in Code Section 49-5-3 .

(2) “ Child welfare and youth services ” shall have the same meaning as set forth in Code Section 49-5-3 .

(3) “ Disability ” shall have the same meaning as set forth in Code Section 37-1-1 .

(3) “ Disability ” shall have the same meaning as set forth in Code Section 37-1-1 .

(4) “ Employee ” means an individual who works for salary, wages, or other remuneration for an employer or sole proprietor.

(4) “ Employee ” means an individual who works for salary, wages, or other remuneration for an employer or sole proprietor.

(4.1) “ Foster care home ” means a private home used by a child-placing agency which has been approved by the child-placing agency to provide 24 hour care, lodging, supervision, and maintenance for one or more children or a private home which has been approved and is directly supervised by the Department of Human Services to provide 24 hour care, lodging, supervision, and maintenance for one or more children.

(4.1) “ Foster care home ” means a private home used by a child-placing agency which has been approved by the child-placing agency to provide 24 hour care, lodging, supervision, and maintenance for one or more children or a private home which has been approved and is directly supervised by the Department of Human Services to provide 24 hour care, lodging, supervision, and maintenance for one or more children.

(4.2) “ Foster parent ” means the person or persons who provide care, lodging, supervision, and maintenance for one or more children in a foster care home used by a child-placing agency or in a foster care home approved and directly supervised by the Department of Human Services.

(4.2) “ Foster parent ” means the person or persons who provide care, lodging, supervision, and maintenance for one or more children in a foster care home used by a child-placing agency or in a foster care home approved and directly supervised by the Department of Human Services.

(5) “ Intimate parts ” means the genital area, groin, inner thighs, buttocks, or breasts of a person.

(5) “ Intimate parts ” means the genital area, groin, inner thighs, buttocks, or breasts of a person.

(5.1) “ Person in a position of trust ” means an individual with whom a parent, guardian, or other person standing in loco parentis of a minor has entered into an agreement entrusting such individual with the responsibility of education and supervision of such minor; provided, however, that no such status shall exist when the terms of the agreement have been satisfied or terminated and the minor is no longer under the supervision of such individual.

(5.1) “ Person in a position of trust ” means an individual with whom a parent, guardian, or other person standing in loco parentis of a minor has entered into an agreement entrusting such individual with the responsibility of education and supervision of such minor; provided, however, that no such status shall exist when the terms of the agreement have been satisfied or terminated and the minor is no longer under the supervision of such individual.

(6) “ Psychotherapy ” means the professional treatment or counseling of a mental or emotional illness, symptom, or condition.

(6) “ Psychotherapy ” means the professional treatment or counseling of a mental or emotional illness, symptom, or condition.

(7) “ School ” means any educational institution, public or private, providing elementary or secondary education to children at any level, kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used, including extracurricular programs of such institution.

(7) “ School ” means any educational institution, public or private, providing elementary or secondary education to children at any level, kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used, including extracurricular programs of such institution.

(8) “ Sensitive care facility ” means 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 .

(8) “ Sensitive care facility ” means 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 .

(9) “ Sexual contact ” means any contact involving the intimate parts of either person for the purpose of sexual gratification of either person.

(9) “ Sexual contact ” means any contact involving the intimate parts of either person for the purpose of sexual gratification of either person.

(10) “ Sexually explicit conduct ” shall have the same meaning as set forth in Code Section 16-12-100 .

(10) “ Sexually explicit conduct ” shall have the same meaning as set forth in Code Section 16-12-100 .

(11) “ Sole proprietor ” means an individual who is an owner or operator of a program or facility rendering services or housing to another as a condition of such other person's probation or parole.

(11) “ Sole proprietor ” means an individual who is an owner or operator of a program or facility rendering services or housing to another as a condition of such other person's probation or parole.

(b) An employee or agent commits the offense of improper sexual contact by employee or agent in the first degree when such employee or agent knowingly engages in sexually explicit conduct with another person whom such employee or agent knows or reasonably should have known is contemporaneously: (1) Enrolled as a student at a school of which he or she is an employee or agent; (2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent; (3) Being detained by or is in the custody of any law enforcement agency of which he or she is an employee or agent; (4) A patient in or at a hospital of which he or she is an employee or agent; (5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or a facility providing child welfare and youth services of which he or she is an employee or agent; (6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or (7) Admitted for care at a sensitive care facility of which he or she is an employee or agent.

(b) An employee or agent commits the offense of improper sexual contact by employee or agent in the first degree when such employee or agent knowingly engages in sexually explicit conduct with another person whom such employee or agent knows or reasonably should have known is contemporaneously:

(1) Enrolled as a student at a school of which he or she is an employee or agent;

(1) Enrolled as a student at a school of which he or she is an employee or agent;

(2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent;

(2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent;

(3) Being detained by or is in the custody of any law enforcement agency of which he or she is an employee or agent;

(3) Being detained by or is in the custody of any law enforcement agency of which he or she is an employee or agent;

(4) A patient in or at a hospital of which he or she is an employee or agent;

(4) A patient in or at a hospital of which he or she is an employee or agent;

(5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or a facility providing child welfare and youth services of which he or she is an employee or agent;

(5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or a facility providing child welfare and youth services of which he or she is an employee or agent;

(6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or

(6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or

(7) Admitted for care at a sensitive care facility of which he or she is an employee or agent.

(7) Admitted for care at a sensitive care facility of which he or she is an employee or agent.

(b.1) A person commits the offense of improper sexual contact by a foster parent in the first degree when he or she is a foster parent and knowingly engages in sexually explicit conduct with his or her current foster child.

(b.1) A person commits the offense of improper sexual contact by a foster parent in the first degree when he or she is a foster parent and knowingly engages in sexually explicit conduct with his or her current foster child.

(b.2) A person commits the offense of improper sexual contact by a person in a position of trust in the first degree when a person in a position of trust engages in sexually explicit conduct with a minor for whom he or she has entered into an agreement entrusting him or her with the responsibility of education and supervision of such minor.

(b.2) A person commits the offense of improper sexual contact by a person in a position of trust in the first degree when a person in a position of trust engages in sexually explicit conduct with a minor for whom he or she has entered into an agreement entrusting him or her with the responsibility of education and supervision of such minor.

(c) A person commits the offense of improper sexual contact by employee or agent in the second degree when such employee or agent knowingly engages in sexual contact, excluding sexually explicit conduct, with another person whom such employee or agent knows or reasonably should have known is contemporaneously: (1) Enrolled as a student at a school of which he or she is an employee or agent; (2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent; (3) Being detained by or is in the custody of a law enforcement agency of which he or she is an employee or agent; (4) A patient in or at a hospital of which he or she is an employee or agent; (5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or facility providing child welfare and youth services of which he or she is an employee or agent; (6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or (7) Admitted for care at a sensitive care facility of which he or she is an employee or agent.

(c) A person commits the offense of improper sexual contact by employee or agent in the second degree when such employee or agent knowingly engages in sexual contact, excluding sexually explicit conduct, with another person whom such employee or agent knows or reasonably should have known is contemporaneously:

(1) Enrolled as a student at a school of which he or she is an employee or agent;

(1) Enrolled as a student at a school of which he or she is an employee or agent;

(2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent;

(2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent;

(3) Being detained by or is in the custody of a law enforcement agency of which he or she is an employee or agent;

(3) Being detained by or is in the custody of a law enforcement agency of which he or she is an employee or agent;

(4) A patient in or at a hospital of which he or she is an employee or agent;

(4) A patient in or at a hospital of which he or she is an employee or agent;

(5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or facility providing child welfare and youth services of which he or she is an employee or agent;

(5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or facility providing child welfare and youth services of which he or she is an employee or agent;

(6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or

(6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or

(7) Admitted for care at a sensitive care facility of which he or she is an employee or agent.

(7) Admitted for care at a sensitive care facility of which he or she is an employee or agent.

(c.1) A person commits the offense of improper sexual contact by a foster parent in the second degree when he or she is a foster parent and knowingly engages in sexual contact, excluding sexually explicit conduct, with his or her current foster child.

(c.1) A person commits the offense of improper sexual contact by a foster parent in the second degree when he or she is a foster parent and knowingly engages in sexual contact, excluding sexually explicit conduct, with his or her current foster child.

(c.2) A person commits the offense of improper sexual contact by a person in a position of trust in the second degree when a person in a position of trust engages in sexual contact, excluding sexually explicit conduct, with a minor for whom he or she has entered into an agreement entrusting him or her with the responsibility of education and supervision of such minor.

(c.2) A person commits the offense of improper sexual contact by a person in a position of trust in the second degree when a person in a position of trust engages in sexual contact, excluding sexually explicit conduct, with a minor for whom he or she has entered into an agreement entrusting him or her with the responsibility of education and supervision of such minor.

(d) Consent of the victim shall not be a defense to a prosecution under this Code section.

(d) Consent of the victim shall not be a defense to a prosecution under this Code section.

(e)(1) This Code section shall not apply to sexually explicit conduct or sexual contact between individuals lawfully married to each other. (2) This Code section shall not apply to a student who is enrolled at the same school as the victim.

(e)(1) This Code section shall not apply to sexually explicit conduct or sexual contact between individuals lawfully married to each other.

(e)(1) This Code section shall not apply to sexually explicit conduct or sexual contact between individuals lawfully married to each other.

(2) This Code section shall not apply to a student who is enrolled at the same school as the victim.

(2) This Code section shall not apply to a student who is enrolled at the same school as the victim.

(f) A person convicted of improper sexual contact by employee or agent in the first degree, improper sexual contact by a person in a position of trust in the first degree, or improper sexual contact by a foster parent in the first degree shall be punished by imprisonment for not less than one nor more than 25 years and by a fine not to exceed $100,000.00; provided, however, that: (1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent, improper sexual contact by a person in a position of trust in the first degree, or improper sexual contact by a foster parent with a child under the age of 16 years shall be punished by imprisonment for not less than ten nor more than 30 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ; and (2)(A) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months 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 . (B) If at the time of the offense the victim of the offense is under the age of 16 and the act physically injures the victim or involves an act of sodomy, the offense shall be punished by imprisonment for not less than 25 nor more than 50 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 .

(f) A person convicted of improper sexual contact by employee or agent in the first degree, improper sexual contact by a person in a position of trust in the first degree, or improper sexual contact by a foster parent in the first degree shall be punished by imprisonment for not less than one nor more than 25 years and by a fine not to exceed $100,000.00; provided, however, that:

(1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent, improper sexual contact by a person in a position of trust in the first degree, or improper sexual contact by a foster parent with a child under the age of 16 years shall be punished by imprisonment for not less than ten nor more than 30 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ; and

(1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent, improper sexual contact by a person in a position of trust in the first degree, or improper sexual contact by a foster parent with a child under the age of 16 years shall be punished by imprisonment for not less than ten nor more than 30 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ; and

(2)(A) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months 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 . (B) If at the time of the offense the victim of the offense is under the age of 16 and the act physically injures the victim or involves an act of sodomy, the offense shall be punished by imprisonment for not less than 25 nor more than 50 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 .

(2)(A) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months 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 .

(2)(A) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months 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 .

(B) If at the time of the offense the victim of the offense is under the age of 16 and the act physically injures the victim or involves an act of sodomy, the offense shall be punished by imprisonment for not less than 25 nor more than 50 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 .

(B) If at the time of the offense the victim of the offense is under the age of 16 and the act physically injures the victim or involves an act of sodomy, the offense shall be punished by imprisonment for not less than 25 nor more than 50 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 .

(g) A person convicted of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree shall be punished as for a misdemeanor of a high and aggravated nature and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ; provided, however, that: (1) Except as provided in paragraphs (2) and (3) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree with a child under the age of 16 years shall be punished by imprisonment for not less than five nor more than 25 years and by a fine not to exceed $25,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ; (2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months 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 ; and (3) Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of the offense of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree, the person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 .

(g) A person convicted of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree shall be punished as for a misdemeanor of a high and aggravated nature and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ; provided, however, that:

(1) Except as provided in paragraphs (2) and (3) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree with a child under the age of 16 years shall be punished by imprisonment for not less than five nor more than 25 years and by a fine not to exceed $25,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ;

(1) Except as provided in paragraphs (2) and (3) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree with a child under the age of 16 years shall be punished by imprisonment for not less than five nor more than 25 years and by a fine not to exceed $25,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 ;

(2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months 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 ; and

(2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months 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 ; and

(3) Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of the offense of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree, the person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 .

(3) Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of the offense of improper sexual contact by employee or agent in the second degree, improper sexual contact by a person in a position of trust in the second degree, or improper sexual contact by a foster parent in the second degree, the person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2 .

(h)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21 . (2) Except as provided in paragraph (3) of subsection (g) of this Code section, any person having been previously convicted of a sexual felony who is convicted of the felony offense of improper sexual contact by employee, agent, or foster parent in the first or second degree, shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35 .

(h)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21 .

(h)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21 .

(2) Except as provided in paragraph (3) of subsection (g) of this Code section, any person having been previously convicted of a sexual felony who is convicted of the felony offense of improper sexual contact by employee, agent, or foster parent in the first or second degree, shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35 .

(2) Except as provided in paragraph (3) of subsection (g) of this Code section, any person having been previously convicted of a sexual felony who is convicted of the felony offense of improper sexual contact by employee, agent, or foster parent in the first or second degree, shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35 .
O.C.G.A. § 16-5-71 — GA Code / Title 16 / Chapter 5 / Section 16-5-71
Georgia Code Title 16. Crimes and Offenses § 16-5-71
Status: in_force

(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.

(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.

(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 16-11-133 — GA Code / Title 16 / Chapter 11 / Section 16-11-133
Georgia Code Title 16. Crimes and Offenses § 16-11-133
Status: in_force

(a) As used in this Code section, the term: (1) “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. (2) “Firearm” includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

(a) As used in this Code section, the term:

(1) “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.

(1) “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.

(2) “Firearm” includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

(2) “Firearm” includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

(b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, murder in the second degree, armed robbery, home invasion in any degree, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit: (1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle; (3) A theft from a building or theft of a vehicle; (4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30 ; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31 , and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received.

(b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, murder in the second degree, armed robbery, home invasion in any degree, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit:

(1) Any crime against or involving the person of another;

(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30 ; or

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30 ; or

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31 ,

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31 ,

and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received.

(c) Upon the second or subsequent conviction of a convicted felon under this Code section, such convicted felon shall be punished by confinement for life. Notwithstanding any other law to the contrary, the sentence of any convicted felon which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.

(c) Upon the second or subsequent conviction of a convicted felon under this Code section, such convicted felon shall be punished by confinement for life. Notwithstanding any other law to the contrary, the sentence of any convicted felon which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.

(d) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.

(d) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.
O.C.G.A. § 16-12-221 — GA Code / Title 16 / Chapter 12 / Section 16-12-221
Georgia Code Title 16. Crimes and Offenses § 16-12-221
Status: in_force

(a) The commission shall grant initial licenses under this part pursuant to contracts awarded through competitive sealed bids or competitive sealed proposals as provided for in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production licenses pursuant to Code Section 16-12-211 and four initial Class 2 production licenses pursuant to Code Section 16-12-212 , and in the event that the commission revokes a Class 1 or Class 2 production license, a Class 1 or 2 production license is surrendered for any reason, or the commission issues an additional Class 1 production license pursuant to Code Section 16-12-214 , the commission shall be authorized to issue any replacement Class 1 or Class 2 production licenses in accordance with rules and regulations established by the commission for such purpose. Such rules and regulations shall not otherwise conflict with this article, and to the extent practicable, such rules and regulations shall incorporate provisions and processes similar to Article 3 of Chapter 5 of Title 50.

(a) The commission shall grant initial licenses under this part pursuant to contracts awarded through competitive sealed bids or competitive sealed proposals as provided for in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production licenses pursuant to Code Section 16-12-211 and four initial Class 2 production licenses pursuant to Code Section 16-12-212 , and in the event that the commission revokes a Class 1 or Class 2 production license, a Class 1 or 2 production license is surrendered for any reason, or the commission issues an additional Class 1 production license pursuant to Code Section 16-12-214 , the commission shall be authorized to issue any replacement Class 1 or Class 2 production licenses in accordance with rules and regulations established by the commission for such purpose. Such rules and regulations shall not otherwise conflict with this article, and to the extent practicable, such rules and regulations shall incorporate provisions and processes similar to Article 3 of Chapter 5 of Title 50.

(b) Any contract for a license awarded pursuant to this subsection shall not be for less than five years and may contain provisions for automatic renewal.

(b) Any contract for a license awarded pursuant to this subsection shall not be for less than five years and may contain provisions for automatic renewal.

(c) No licensee shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in excess of 5 percent by any state employee or member of a state employee's immediate family, including but not limited to any legislator, state-wide public official, or employee of a designated university. For purposes of this subsection, the term “ immediate family member ” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.

(c) No licensee shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in excess of 5 percent by any state employee or member of a state employee's immediate family, including but not limited to any legislator, state-wide public official, or employee of a designated university. For purposes of this subsection, the term “ immediate family member ” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.

(d) No licensee shall give or receive anything of value in connection with any contract, memorandum of understanding, or cooperative endeavor agreement executed pursuant to this part except the value that is expressed in the contract, memorandum of understanding, or cooperative endeavor agreement.

(d) No licensee shall give or receive anything of value in connection with any contract, memorandum of understanding, or cooperative endeavor agreement executed pursuant to this part except the value that is expressed in the contract, memorandum of understanding, or cooperative endeavor agreement.
O.C.G.A. § 16-13-78-1 — GA Code / Title 16 / Chapter 13 / Section 16-13-78-1
Georgia Code Title 16. Crimes and Offenses § 16-13-78.1
Status: in_force

(a) No person shall prescribe or order the dispensing of a dangerous drug, except a registered practitioner who is: (1) Licensed or otherwise authorized by this state to prescribe dangerous drugs; (2) Acting in the usual course of his professional practice; and (3) Prescribing or ordering such dangerous drug for a legitimate medical purpose.

(a) No person shall prescribe or order the dispensing of a dangerous drug, except a registered practitioner who is:

(1) Licensed or otherwise authorized by this state to prescribe dangerous drugs;

(1) Licensed or otherwise authorized by this state to prescribe dangerous drugs;

(2) Acting in the usual course of his professional practice; and

(2) Acting in the usual course of his professional practice; and

(3) Prescribing or ordering such dangerous drug for a legitimate medical purpose.

(3) Prescribing or ordering such dangerous drug for a legitimate medical purpose.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 16-8-5-2 — GA Code / Title 16 / Chapter 8 / Section 16-8-5-2
Georgia Code Title 16. Crimes and Offenses § 16-8-5.2
Status: in_force

(a) As used in this Code section, the term: (1) “ Retail property ” means any 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.

(a) As used in this Code section, the term:

(1) “ Retail property ” means any article, product, commodity, item, or component intended to be sold in retail commerce.

(1) “ Retail property ” means any 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.

(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.

(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.

(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

(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.

(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.

(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.

(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.

(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.

(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)(1) As used in this subsection, the terms “ proceeds ” and “ property ” shall have the same meanings as set forth in Code Section 9-16-2 . (2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them; provided, however, that notwithstanding paragraph (2) of subsection (a) of Code Section 9-16-17 , 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. (3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

(e)(1) As used in this subsection, the terms “ proceeds ” and “ property ” shall have the same meanings as set forth in Code Section 9-16-2 .

(e)(1) As used in this subsection, the terms “ proceeds ” and “ property ” shall have the same meanings as set forth in Code Section 9-16-2 .

(2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them; provided, however, that notwithstanding paragraph (2) of subsection (a) of Code Section 9-16-17 , 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.

(2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them; provided, however, that notwithstanding paragraph (2) of subsection (a) of Code Section 9-16-17 , 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.

(3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

(3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

(f) Each violation of this Code section shall constitute a separate offense.

(f) Each violation of this Code section shall constitute a separate offense.
O.C.G.A. § 16-5-101 — GA Code / Title 16 / Chapter 5 / Section 16-5-101
Georgia Code Title 16. Crimes and Offenses § 16-5-101
Status: in_force

(a) A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized.

(a) A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person 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, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency 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, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14 , 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 essential services or shelter to any person in the absence of another legal obligation to do so.

(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, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency 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, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14 , 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 essential services or shelter to any person in the absence of another legal obligation to do so.

(c) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident 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) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident 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.

(d) A person who commits the offense of neglect to a disabled adult, elder person, or resident of a long-term care facility, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.

(d) A person who commits the offense of neglect to a disabled adult, elder person, or resident of a long-term care facility, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.
O.C.G.A. § 16-11-127 — GA Code / Title 16 / Chapter 11 / Section 16-11-127
Georgia Code Title 16. Crimes and Offenses § 16-11-127
Status: in_force

(a) As used in this Code section, the term: (1) “ Courthouse ” means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (2) “ Government building ” means: (A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (3) “ Government entity ” means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (4) “ Parking facility ” means real property owned or leased by a government entity, courthouse, jail, prison, or place of worship that has been designated by such government entity, courthouse, jail, prison, or place of worship for the parking of motor vehicles at a government building or at such courthouse, jail, prison, or place of worship.

(a) As used in this Code section, the term:

(1) “ Courthouse ” means a building occupied by judicial courts and containing rooms in which judicial proceedings are held.

(1) “ Courthouse ” means a building occupied by judicial courts and containing rooms in which judicial proceedings are held.

(2) “ Government building ” means: (A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity.

(2) “ Government building ” means:

(A) The building in which a government entity is housed;

(A) The building in which a government entity is housed;

(B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or

(B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or

(C) The portion of any building that is not a publicly owned building that is occupied by a government entity.

(C) The portion of any building that is not a publicly owned building that is occupied by a government entity.

(3) “ Government entity ” means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state.

(3) “ Government entity ” means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state.

(4) “ Parking facility ” means real property owned or leased by a government entity, courthouse, jail, prison, or place of worship that has been designated by such government entity, courthouse, jail, prison, or place of worship for the parking of motor vehicles at a government building or at such courthouse, jail, prison, or place of worship.

(4) “ Parking facility ” means real property owned or leased by a government entity, courthouse, jail, prison, or place of worship that has been designated by such government entity, courthouse, jail, prison, or place of worship for the parking of motor vehicles at a government building or at such courthouse, jail, prison, or place of worship.

(b) Except as provided in Code Section 16-11-127.1 and subsection (d) or (e) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building without being a lawful weapons carrier; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship, unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by persons who are lawful weapons carriers; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2 , and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2 , except as provided in subsection (i) of Code Section 21-2-413 .

(b) Except as provided in Code Section 16-11-127.1 and subsection (d) or (e) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:

(1) In a government building without being a lawful weapons carrier;

(1) In a government building without being a lawful weapons carrier;

(2) In a courthouse;

(2) In a courthouse;

(3) In a jail or prison;

(3) In a jail or prison;

(4) In a place of worship, unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by persons who are lawful weapons carriers;

(4) In a place of worship, unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by persons who are lawful weapons carriers;

(5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;

(5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection;

(6) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2 , and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or

(6) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2 , and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or

(7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2 , except as provided in subsection (i) of Code Section 21-2-413 .

(7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2 , except as provided in subsection (i) of Code Section 21-2-413 .

(c) Any lawful weapons carrier shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on his or her private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21 , except as provided in Code Section 16-11-135 . A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.

(c) Any lawful weapons carrier shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on his or her private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21 , except as provided in Code Section 16-11-135 . A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages.

(d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided that such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a lawful weapons carrier who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a lawful weapons carrier which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.

(d) Subsection (b) of this Code section shall not apply:

(1) To the use of weapons or long guns as exhibits in a legal proceeding, provided that such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case;

(1) To the use of weapons or long guns as exhibits in a legal proceeding, provided that such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case;

(2) To a lawful weapons carrier who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and

(2) To a lawful weapons carrier who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and

(3) To a weapon or long gun possessed by a lawful weapons carrier which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.

(3) To a weapon or long gun possessed by a lawful weapons carrier which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.

(e)(1) A lawful weapons carrier shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. A lawful weapons carrier who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor if at least one member of such security personnel is certified as a peace officer pursuant to Chapter 8 of Title 35; provided, however, that a lawful weapons carrier who immediately exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection or paragraph (1) of subsection (b) of this Code section. A person who is not a lawful weapons carrier and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor. (2) Any lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00. Any person who is not a lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor.

(e)(1) A lawful weapons carrier shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. A lawful weapons carrier who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor if at least one member of such security personnel is certified as a peace officer pursuant to Chapter 8 of Title 35; provided, however, that a lawful weapons carrier who immediately exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection or paragraph (1) of subsection (b) of this Code section. A person who is not a lawful weapons carrier and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor.

(e)(1) A lawful weapons carrier shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. A lawful weapons carrier who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor if at least one member of such security personnel is certified as a peace officer pursuant to Chapter 8 of Title 35; provided, however, that a lawful weapons carrier who immediately exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection or paragraph (1) of subsection (b) of this Code section. A person who is not a lawful weapons carrier and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor.

(2) Any lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00. Any person who is not a lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor.

(2) Any lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00. Any person who is not a lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor.

(f) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130 .

(f) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130 .
O.C.G.A. § 16-11-39 — GA Code / Title 16 / Chapter 11 / Section 16-11-39
Georgia Code Title 16. Crimes and Offenses § 16-11-39
Status: in_force

(a) A person commits the offense of disorderly conduct when such person commits any of the following: (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health; (2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed; (3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or (4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.

(a) A person commits the offense of disorderly conduct when such person commits any of the following:

(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;

(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;

(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;

(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;

(3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or

(3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or

(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.

(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.

(b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.

(b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.

(c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.

(c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.
O.C.G.A. § 16-13-23 — GA Code / Title 16 / Chapter 13 / Section 16-13-23
Georgia Code Title 16. Crimes and Offenses § 16-13-23
Status: in_force

The controlled substances listed in the schedules in Code Sections 16-13-25 through 16-13-29 are included by whatever official, common, usual, chemical, or trade name designated.
O.C.G.A. § 16-11-45 — GA Code / Title 16 / Chapter 11 / Section 16-11-45
Georgia Code Title 16. Crimes and Offenses § 16-11-45
Status: in_force

(a) As used in this Code section, the term: (1) “ Laser ” means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser. (2) “ Laser pointer ” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

(a) As used in this Code section, the term:

(1) “ Laser ” means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser.

(1) “ Laser ” means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser.

(2) “ Laser pointer ” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

(2) “ Laser pointer ” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

(b) Except as otherwise provided in subsection (c) of this Code section, whoever knowingly and intentionally aims the beam of a laser pointer, or projects a laser, at an aircraft or at the flight path of an aircraft shall be guilty of a misdemeanor.

(b) Except as otherwise provided in subsection (c) of this Code section, whoever knowingly and intentionally aims the beam of a laser pointer, or projects a laser, at an aircraft or at the flight path of an aircraft shall be guilty of a misdemeanor.

(c) Laser or laser pointer airspace uses that have been reviewed and approved by the Federal Aviation Administration are exempt from the provisions of this Code section.

(c) Laser or laser pointer airspace uses that have been reviewed and approved by the Federal Aviation Administration are exempt from the provisions of this Code section.
O.C.G.A. § 16-12-143 — GA Code / Title 16 / Chapter 12 / Section 16-12-143
Georgia Code Title 16. Crimes and Offenses § 16-12-143
Status: in_force

A person who fails to file or maintain in complete form any of the written reports required in this article within the time set forth is guilty of a misdemeanor.
O.C.G.A. § 16-15-11 — GA Code / Title 16 / Chapter 15 / Section 16-15-11
Georgia Code Title 16. Crimes and Offenses § 16-15-11
Status: in_force

(a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the Georgia Bureau of Investigation shall be authorized to establish, develop, manage, and maintain a state-wide criminal street gang data base, to be known as the Georgia Criminal Street Gang Database, to facilitate the exchange of information between federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments. The Georgia Bureau of Investigation shall be authorized to solicit input from law enforcement and prosecuting attorneys in determining useful information for such data base so that information may be used by law enforcement, prosecution and corrections agencies, and other agencies, offices, and departments for investigative, prosecutorial, and corrections purposes.

(a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the Georgia Bureau of Investigation shall be authorized to establish, develop, manage, and maintain a state-wide criminal street gang data base, to be known as the Georgia Criminal Street Gang Database, to facilitate the exchange of information between federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments. The Georgia Bureau of Investigation shall be authorized to solicit input from law enforcement and prosecuting attorneys in determining useful information for such data base so that information may be used by law enforcement, prosecution and corrections agencies, and other agencies, offices, and departments for investigative, prosecutorial, and corrections purposes.

(b) Once the Georgia Criminal Street Gang Database is created and operational, the Georgia Bureau of Investigation shall be authorized to notify all federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments located in this state that information regarding criminal street gangs and their members and associates shall be entered into the Georgia Criminal Street Gang Database.

(b) Once the Georgia Criminal Street Gang Database is created and operational, the Georgia Bureau of Investigation shall be authorized to notify all federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments located in this state that information regarding criminal street gangs and their members and associates shall be entered into the Georgia Criminal Street Gang Database.

(c) The Georgia Bureau of Investigation shall be authorized to create and promulgate a uniform reporting format for the entry of pertinent information received from law enforcement, prosecution and corrections agencies, offices, and departments for use in the Georgia Criminal Street Gang Database.

(c) The Georgia Bureau of Investigation shall be authorized to create and promulgate a uniform reporting format for the entry of pertinent information received from law enforcement, prosecution and corrections agencies, offices, and departments for use in the Georgia Criminal Street Gang Database.

(d) All state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments may timely furnish information acquired relating to criminal street gangs and criminal gang activity to the Georgia Bureau of Investigation to be included in the Georgia Criminal Street Gang Database according to the reporting format developed by the Georgia Bureau of Investigation.

(d) All state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments may timely furnish information acquired relating to criminal street gangs and criminal gang activity to the Georgia Bureau of Investigation to be included in the Georgia Criminal Street Gang Database according to the reporting format developed by the Georgia Bureau of Investigation.

(e) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, the information and related records associated with the Georgia Criminal Street Gang Database shall not be open to inspection by or made available to the public.

(e) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, the information and related records associated with the Georgia Criminal Street Gang Database shall not be open to inspection by or made available to the public.
O.C.G.A. § 16-15-5 — GA Code / Title 16 / Chapter 15 / Section 16-15-5
Georgia Code Title 16. Crimes and Offenses § 16-15-5
Status: in_force

(a) As used in this Code section, the terms “ proceeds ” and “ property ” shall have the same meanings as set forth in Code Section 9-16-2 .

(a) As used in this Code section, the terms “ proceeds ” and “ property ” shall have the same meanings as set forth in Code Section 9-16-2 .

(b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this chapter and proceeds are declared to be contraband and no person shall have a property right in them.

(b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this chapter and proceeds are declared to be contraband and no person shall have a property right in them.

(c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with Chapter 16 of Title 9.

(c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with Chapter 16 of Title 9.
O.C.G.A. § 16-13-74 — GA Code / Title 16 / Chapter 13 / Section 16-13-74
Georgia Code Title 16. Crimes and Offenses § 16-13-74
Status: in_force

(a) All written prescription drug orders for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug may be prepared by the practitioner or the practitioner's agent. The practitioner's signature must appear on each prescription prepared by the practitioner or the practitioner's agent and the nature of the practitioner's signature must meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Code Section 16-13-73 .

(a) All written prescription drug orders for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug may be prepared by the practitioner or the practitioner's agent. The practitioner's signature must appear on each prescription prepared by the practitioner or the practitioner's agent and the nature of the practitioner's signature must meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Code Section 16-13-73 .

(b) Any practitioner of the healing arts who fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor.

(b) Any practitioner of the healing arts who fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 16-11-64-2 — GA Code / Title 16 / Chapter 11 / Section 16-11-64-2
Georgia Code Title 16. Crimes and Offenses § 16-11-64.2
Status: in_force

Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that:

(1) An emergency situation exists that involves: (A) Immediate danger of death or serious bodily injury to any person; or (B) Conspiratorial activities characteristic of organized crime that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and

(1) An emergency situation exists that involves:

(A) Immediate danger of death or serious bodily injury to any person; or

(A) Immediate danger of death or serious bodily injury to any person; or

(B) Conspiratorial activities characteristic of organized crime

(B) Conspiratorial activities characteristic of organized crime

that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and

(2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use

(2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use

may have installed and use a pen register or trap and trace device if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation or use is issued in accordance with Code Section 16-11-64.1 .
O.C.G.A. § 16-11-101-1 — GA Code / Title 16 / Chapter 11 / Section 16-11-101-1
Georgia Code Title 16. Crimes and Offenses § 16-11-101.1
Status: in_force

(a) For the purposes of this Code section, the term: (1) “Minor” means any person under the age of 18 years. (2) “ Pistol or revolver ” means a handgun as defined in Code Section 16-11-125.1 .

(a) For the purposes of this Code section, the term:

(1) “Minor” means any person under the age of 18 years.

(1) “Minor” means any person under the age of 18 years.

(2) “ Pistol or revolver ” means a handgun as defined in Code Section 16-11-125.1 .

(2) “ Pistol or revolver ” means a handgun as defined in Code Section 16-11-125.1 .

(b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by subsection (c) of this Code section.

(b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by subsection (c) of this Code section.

(c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132 . (2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor. (3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3 , or who has been adjudicated for committing a delinquent act under the provisions of Article 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3 , if such minor were an adult.

(c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132 .

(c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132 .

(2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.

(2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.

(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3 , or who has been adjudicated for committing a delinquent act under the provisions of Article 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3 , if such minor were an adult.

(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3 , or who has been adjudicated for committing a delinquent act under the provisions of Article 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3 , if such minor were an adult.

(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than three nor more than five years, or both.

(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than three nor more than five years, or both.