GA Code § 16-7-80 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 7 - Damage to and Intrusion Upon Property|Article 4 - Bombs, Explosives, and Chemical and Biological Weapons|§ 16-7-80. Definitions

 As used in this article, the term:    "Bacteriological weapon" or "biological weapon" means:  (1.1) "Biological agent" means any microorganism, including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa, or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing:    The following toxic chemicals:   O-Alkyl (/leC10, including cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates; e.g., Sarin: O-Isopropyl methylphosphonofluoridate, Soman: O-Pinacolyl methylphosphonofluoridate;   O-Alkyl (/leC10, including cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates; e.g., Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate;   O-Alkyl (H oróC10, including cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts; e.g., VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate;     Sulfur mustards:   2-Chloroethylchloromethylsulfide;   Mustard gas: Bis(2-chloroethyl)sulfide;   Bis(2-chloroethylthio)methane;   Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane;   1,3-Bis(2-chloroethylthio)-n-propane;   1,4-Bis(2-chloroethylthio)-n-butane;   1,5 Bis(2-chloroethylthio)-n-pentane;   Bis(2-chloroethylthiomethyl)ether;   O-Mustard: Bis(2-chloroethylthioethyl)ether;     Lewisites:   Lewisite 1: 2-Chlorovinyldichloroarsine;   Lewisite 2: Bis(2-chlorovinyl)chloroarsine;   Lewisite 3: Tris(2-chlorovinyl)arsine;     Nitrogen mustards:   HN1: Bis(2-chloroethyl)ethylamine;   HN2: Bis(2-chloroethyl)methylamine;   HN3: Tris(2-chloroethyl)amine;     Saxitoxin;   Ricin;   Precursors:   Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides; e.g., DF: Methylphosphonyldifluoride;   O-Alkyl (H oróC10, including cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts; e.g., QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite;   Chlorosarin: O-Isopropyl methylphosphonochloridate;   Chlorosoman: O-Pinacolyl methylphosphonochloridate; or     Any device which is designed in such a manner as to permit the intentional release into the population or environment of microbial or other biological agents or toxins or vectors whatever their origin or method of production in a manner not otherwise authorized by law.   Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;   Deterioration of food, water, equipment, supplies, or material of any kind; or   Deleterious alteration of the environment.     "Commissioner" means the Safety Fire Commissioner.   "Conviction" means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. Such term includes any such conviction or plea notwithstanding the fact that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the commission of an act which if committed by an adult would constitute a crime under the laws of this state.   "Destructive device" means:   Any explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other device which is substantially similar to such devices;   Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter; provided, however, that such term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which is neither designed or redesigned for use as a weapon; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense;   A weapon of mass destruction;   A bacteriological weapon or biological weapon; or   Any combination of parts either designed or intended for use in converting any device into a destructive device as otherwise defined in this paragraph.     "Detonator" means a device containing a detonating charge that is used to initiate detonation in an explosive, including but not limited to electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors.   "Director" means the director of the Georgia Bureau of Investigation.   "Distribute" means the actual, constructive, or attempted transfer from one person to another.   "Explosive" means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property, including but not limited to the substances designated in Code Section 16-7-81; provided, however, that the term explosive shall not include common fireworks as defined by Code Section 25-10-1, model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps unless such devices are used as a component of a destructive device.   "Explosive ordnance disposal technician" or "EOD technician" means:   A law enforcement officer, fire official, emergency management official, or an employee of this state or its political subdivisions or an authority of the state or a political subdivision who is certified in accordance with Code Section 35-8-13 and members of the Georgia National Guard who are qualified as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties; and   An official or employee of the United States, including but not limited to a member of the armed forces of the United States, who is qualified as an explosive ordnance disposal technician under the appropriate laws and regulations when acting in the performance of his or her official duties.     "Felony" means any offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to such conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of such conduct.   "Hoax device" or "replica" means a device or article which has the appearance of a destructive device.   "Incendiary" means a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device, including but not limited to, gasoline, kerosene, fuel oil, or a derivative of such substances.   "Over-pressure device" means a frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage.   "Poison gas" means any toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings; provided, however, that such term shall not include:   Riot control agents, smoke, and obscuration materials or medical products which are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state;   Tear gas devices designed to be carried on or about the person which contain not more than one-half ounce of the chemical;   Pesticides, as provided in paragraph (12) of Code Section 16-7-93.     "Property" means any real or personal property of any kind including money, choses in action, and other similar interests in property.   "Public building" means any structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to structures owned, operated, or leased by the state, the United States, any of the several states, or any foreign nation or any political subdivision or authority thereof; any religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association.  (16.1) "Toxin" means the toxic material or product of plants, animals, microorganisms, including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa, or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes:    Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or   Any poisonous isomer or biological product, homologue, or derivative of such a substance.    (16.2) "Vector" means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host.    "Weapon of mass destruction" means any device which is designed in such a way as to release radiation or radioactivity at a level which will result in internal or external bodily injury or death to any person.     (Code 1981, §16-7-80, enacted by Ga. L. 1996, p. 416, § 3; Ga. L. 2017, p. 536, § 3-1/HB 452.)    The 2017 amendment,  effective July 1, 2017, substituted the present provisions of paragraph (1) for the former provisions, which read: " 'Bacteriological weapon' or 'biological weapon' means any device which is designed in such a manner as to permit the intentional release into the population or environment of microbial or other biological agents or toxins whatever their origin or method of production in a manner not otherwise authorized by law or any device the development, production, or stockpiling of which is prohibited pursuant to the 'Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction,' 26 U.S.T. 583, TIAS 8063."; and added paragraphs (1.1), (16.1), and (16.2).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, paragraph (3) was redesignated as paragraph (6) and former paragraphs (6) through (16) were redesignated as paragraphs (7) through (17), respectively, to maintain alphabetical order; "Safety Fire" was substituted for "Fire Safety" in paragraph (2); "detonating cord" was substituted for "detonating-chord" in paragraph (5); "director" was substituted for "Director" in present paragraph (6); and "Code Section" was substituted for "Code section" near the middle of present paragraph (8).   Law reviews.   - For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 17 (2017).   JUDICIAL DECISIONS   Homemade device was destructive device.    - Homemade device that was constructed from a metal pipe, a cap on one end, with a bolt to serve as a detonator or firing pin, and into which the defendant had loaded a shotgun shell, and which the defendant used in an attempt to intimidate two victims into paying the defendant money was a destructive device within the meaning of O.C.G.A. §§ 16-7-80(4) and16-7-88(a). Mason v. State, 312 Ga. App. 723, 719 S.E.2d 581 (2011).    Cited in Turner v. State, 246 Ga. App. 49, 539 S.E.2d 553 (2000); State v. Henderson, 281 Ga. 623, 641 S.E.2d 515 (2007).