reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 2 - DECEPTIVE E-MAIL (§§ 16-9-100 — 16-9-109.1) › Section 16-9-108 - Investigative and subpoena powers of district attorneys and the Attorney General

(a)
In any investigation of a violation of this article or any investigation of a violation of Code Section
16-12-100
,
16-12-100.1
,
16-12-100.2
,
16-5-90
, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers.
(b)
In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General or district attorney, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
Amended by 2013 Ga. Laws 132,§ 1-2, eff. 7/1/2013.
Added by 2005 Ga. Laws 46,§ 4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 7 - MOTOR VEHICLE SALES AND TRANSFERS (§§ 16-9-110 — 16-9-111) › Section 16-9-110 - Sale or transfer of new motor vehicles not manufactured in compliance with federal standards

(a)
It shall be unlawful for any person, firm, or corporation knowingly to sell, transfer, or otherwise convey any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by
42 U.S.C. Section 7401
through Section
7642
, known as the federal Clean Air Act, as amended, and as required by
15 U.S.C. Section 1381
through Section
1431
, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal standards.
(b)
Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-121 - Elements of offense

(a)
A person commits the offense of identity fraud when he or she willfully and fraudulently:
(1)
Without authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person;
(2)
Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority;
(3)
Uses or possesses with intent to fraudulently use identifying information concerning a deceased individual;
(4)
Creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a fictitious person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person; or
(5)
Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.
(b)
A person commits the offense of identity fraud by receipt of fraudulent identification information when he or she willingly accepts for identification purposes identifying information which he or she knows to be fraudulent, stolen, counterfeit, or fictitious. In any prosecution under this subsection it shall not be necessary to show a conviction of the principal thief, counterfeiter, or fraudulent user.
(c)
The offenses created by this Code section shall not merge with any other offense.
(d)
This Code section shall not apply to a person under the age of 21 who uses a fraudulent, counterfeit, or other false identification card for the purpose of obtaining entry into a business establishment or for purchasing items which he or she is not of legal age to purchase.
Amended by 2010 Ga. Laws 501,§ 1, eff. 7/1/2010.
Amended by 2007 Ga. Laws 241,§ 4, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-121.1 - Offense of aggravated identity fraud

(a)
A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.
(b)
The offense created by this Code section shall not merge with any other offense.
Added by 2011 Ga. Laws 252,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-122 - Attempting or conspiring to commit offense; penalty

It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-123 - Investigations

The Attorney General shall have the authority to investigate any complaints of consumer victims regarding identity fraud. In conducting such investigations the Attorney General shall have all investigative powers which are available to the Attorney General under Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." If, after such investigation, the Attorney General determines that a person has been a consumer victim of identity fraud in this state, the Attorney General shall, at the request of the consumer victim, provide the consumer victim with certification of the findings of such investigation. Copies of any and all complaints received by any law enforcement agency of this state regarding potential violations of this article shall be transmitted to the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall maintain a repository for all complaints in the State of Georgia regarding identity fraud. Information contained in such repository shall not be subject to public disclosure. The information in the repository may be transmitted to any other appropriate investigatory agency or entity. Consumer victims of identity fraud may file complaints directly with the office of the Attorney General, the Georgia Bureau of Investigation, or with local law enforcement. Any and all transmissions authorized under this Code section may be transmitted electronically, provided that such transmissions are made through a secure channel for the transmission of such electronic communications or information, the sufficiency of which is acceptable to the Attorney General. Nothing in this Code section shall be construed to preclude any otherwise authorized law enforcement or prosecutorial agencies from conducting investigations and prosecuting offenses of identity fraud.
Amended by 2015 Ga. Laws 187,§ 14, eff. 7/1/2015.
Amended by 2008 Ga. Laws 570,§ 1, eff. 5/13/2008.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-124 - Prosecutions

The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases of identity fraud.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-125 - County of offense

The General Assembly finds that identity fraud involves the use of identifying information which is uniquely personal to the consumer or business victim of that identity fraud and which information is considered to be in the lawful possession of the consumer or business victim wherever the consumer or business victim currently resides or is found. Accordingly, the fraudulent use of that information involves the fraudulent use of information that is, for the purposes of this article, found within the county where the consumer or business victim of the identity fraud resides or is found. Accordingly, in a proceeding under this article, the crime will be considered to have been committed in any county where the person whose means of identification or financial information was appropriated resides or is found, or in any county in which any other part of the offense took place, regardless of whether the defendant was ever actually in such county.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-125.1 - Victim's right to file report

(a)
A person who has learned or reasonably believes that he or she has been the victim of identity fraud may contact the local law enforcement agency with jurisdiction over his or her actual residence for the purpose of making an incident report. The law enforcement agency having jurisdiction over the complainant's residence shall make a report of the complaint and provide the complainant with a copy of the report. Where jurisdiction for the investigation and prosecution of the complaint lies with another agency, the law enforcement agency making the report shall forward a copy to the agency having such jurisdiction and shall advise the complainant that the report has been so forwarded.
(b)
Nothing in this Code section shall be construed so as to interfere with the discretion of a law enforcement agency to allocate resources for the investigation of crimes. A report created pursuant to this Code section is not required to be counted as an open case file.
Added by 2007 Ga. Laws 241,§ 5, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-126 - Penalty for violations

(a)
A violation of this article, other than a violation of Code Section
16-9-121.1
or
16-9-122
, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both.
(a.1)
A violation of Code Section
16-9-121.1
shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000.00, or both, and such sentence shall run consecutively to any other sentence which the person has received.
(b)
A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000.00, or both.
(c)
Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud.
(d)
Each violation of this article shall constitute a separate offense.
(e)
Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction.
Amended by 2011 Ga. Laws 252,§ 5, eff. 7/1/2011.
Amended by 2007 Ga. Laws 241,§ 6, eff. 5/24/2007.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-127 - Authority of Attorney General

The Attorney General shall have authority to initiate any proceedings and to exercise any power or authority in the same manner as if he or she were acting under Part 2 of Article 15 of Chapter 1 of Title 10, as regards violations or potential violations of this article.
Amended by 2015 Ga. Laws 187,§ 15, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-128 - Exemptions

(a)
The prohibitions set forth in Code Sections
16-9-121
,
16-9-121.1
, and
16-9-122
shall not apply to nor shall any cause of action arise under Code Sections
16-9-129
and
16-9-131
for:
(1)
The lawful obtaining of credit information in the course of a bona fide consumer or commercial transaction;
(2)
The lawful, good faith exercise of a security interest or a right to offset by a creditor or a financial institution;
(3)
The lawful, good faith compliance by any party when required by any warrant, levy, garnishment, attachment, court order, or other judicial or administrative order, decree, or directive; or
(4)
The good faith use of identifying information with the permission of the affected person.
(b)
The exemptions provided in subsection (a) of this Code section shall not apply to a person intending to further a scheme to violate Code Section
16-9-121
,
16-9-121.1
, or
16-9-122
.
(c)
It shall not be necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article involving a business victim. In such cases, the burden of proof of any exemption or exception is upon the business victim claiming it.
Amended by 2011 Ga. Laws 252,§ 6, eff. 7/1/2011.
Amended by 2010 Ga. Laws 501,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-129 - Actual and punitive damages available to business victim

Any business victim who is injured by reason of any violation of this article shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such business victim may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-130 - Damages available to consumer victim; no defense that others engage in comparable practices; service of complaint

(a)
Any consumer victim who suffers injury or damages as a result of a violation of this article may bring an action individually or as a representative of a class against the person or persons engaged in such violations under the rules of civil procedure to seek equitable injunctive relief and to recover general and punitive damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, that punitive damages shall be awarded only in cases of intentional violation. A claim under this article may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person.
(b)
A court shall award three times actual damages for an intentional violation.
(c)
If the court finds in any action that there has been a violation of this article, the consumer victim injured by such violation shall, in addition to other relief provided for in this Code section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and expenses of litigation incurred in connection with said action.
(d)
It shall not be a defense in any action under this article that others were, are, or will be engaged in like practices.
(e)
In any action brought under this article the Attorney General shall be served by certified or registered mail or statutory overnight delivery with a copy of the initial complaint and any amended complaint within 20 days of the filing of such complaint. The Attorney General shall be entitled to be heard in any such action, and the court where such action is filed may enter an order requiring any of the parties to serve a copy of any other pleadings in an action upon the Attorney General.
Amended by 2017 Ga. Laws 275,§ 16, eff. 5/9/2017.
Amended by 2015 Ga. Laws 187,§ 16, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-131 - Criminal prosecution

Whenever an investigation has been conducted by the Attorney General under this article and such investigation reveals conduct which constitutes a criminal offense, the Attorney General shall have the authority to prosecute such cases or forward the results of such investigation to any other prosecuting attorney of this state who shall commence any criminal prosecution that he or she deems appropriate.
Amended by 2015 Ga. Laws 187,§ 17, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 8 - FINANCIAL IDENTITY FRAUD (§§ 16-9-120 — 16-9-132) › Section 16-9-132 - Article cumulative and not exclusive

This article is cumulative with other laws and is not exclusive. The rights or remedies provided for in this article shall be in addition to any other procedures, rights, remedies, or duties provided for in any other law or in decisions of the courts of this state dealing with the same subject matter.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 9 - GEORGIA COMPUTER SECURITY ACT OF 2005 (§§ 16-9-150 — 16-9-157) › Section 16-9-150 - Short title

This article shall be known and may be cited as the "Georgia Computer Security Act of 2005."
Added by 2005 Ga. Laws 389,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 9 - GEORGIA COMPUTER SECURITY ACT OF 2005 (§§ 16-9-150 — 16-9-157) › Section 16-9-154 - Inducement to install, copy, or execute software through misrepresentation prohibited

(a)
It shall be illegal for a person or entity that is not an authorized user, as defined in Code Section
16-9-151
, of a computer in this state to do any of the following with regard to such computer:
(1)
Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content;
(2)
Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this Code section;
(3)
Prevent reasonable efforts to block the installation, execution, or disabling of a covered file-sharing program on the computer; or
(4)
Install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on the computer without first providing clear and conspicuous notice to the authorized user of the computer showing which files on that computer will be made available to the public, obtaining consent from the authorized user to install the covered file-sharing program, and requiring affirmative steps by the authorized user to activate any feature on the covered file-sharing program that will make files on that computer available to the public. Such notice shall be redisplayed each time a change occurs in the list of files that will be made available to the public.
(b)
Nothing in this Code section shall apply to any monitoring of, or interaction with, a user's Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article.
Amended by 2010 Ga. Laws 422,§ 2, eff. 7/1/2010.
Added by 2005 Ga. Laws 389,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 9 - GEORGIA COMPUTER SECURITY ACT OF 2005 (§§ 16-9-150 — 16-9-157) › Section 16-9-155 - Penalties

(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.
(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.
(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.
Amended by 2006 Ga. Laws 453,§ 16, eff. 4/14/2006.
Added by 2005 Ga. Laws 389,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 9 - GEORGIA COMPUTER SECURITY ACT OF 2005 (§§ 16-9-150 — 16-9-157) › Section 16-9-156 - Exceptions

(a)
For the purposes of this Code section, the term "employer" includes a business entity's officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within a business enterprise. No employer may be held criminally or civilly liable under this article as a result of any actions taken:
(1)
With respect to computer equipment used by its employees, contractors, subcontractors, agents, leased employees, or other staff which the employer owns, leases, or otherwise makes available or allows to be connected to the employer's network or other computer facilities; or
(2)
By employees, contractors, subcontractors, agents, leased employees, or other staff who misuse an employer's computer equipment for an illegal purpose without the employer's knowledge, consent, or approval.
(b)
No person shall be held criminally or civilly liable under this article when its protected computers have been used by unauthorized users to violate this article or other laws without such person's knowledge, consent, or approval.
(c)
A manufacturer or retailer of computer equipment shall not be liable under this Code section, criminally or civilly, to the extent that the manufacturer or retailer is providing third-party branded software that is installed on the computer equipment that the manufacturer or retailer is manufacturing or selling.
Added by 2005 Ga. Laws 389,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 9 - GEORGIA COMPUTER SECURITY ACT OF 2005 (§§ 16-9-150 — 16-9-157) › Section 16-9-157 - Legislative findings and preemption

The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding spyware and notices to consumers from computer software providers regarding information collection.
Added by 2005 Ga. Laws 389,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-1 - Violation of oath by public officer

Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-2 - Bribery

(a)
A person commits the offense of bribery when:
(1)
He or she gives or offers to give to any person acting for or on behalf of the state or any political subdivision thereof, or of any agency of either, any benefit, reward, or consideration to which he or she is not entitled with the purpose of influencing him or her in the performance of any act related to the functions of his or her office or employment; or
(2)
A public official, elected or appointed, or an employee of this state or any agency, authority, or entity of the state, or any county or municipality or any agency, authority, or entity thereof, directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action. A thing of value shall not include:
(A)
Food or beverage consumed at a single meal or event;
(B)
Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession;
(C)
An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service;
(D)
Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section
21-5-30.2
, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state;
(E)
Actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation or speaking at the meeting;
(F)
A commercially reasonable loan made in the ordinary course of business;
(G)
Any gift with a value less than $100.00;
(H)
Promotional items generally distributed to the general public or to public officers;
(I)
A gift from a member of the public officer's immediate family; or
(J)
Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities;
provided, however, that receiving, accepting, or agreeing to receive anything not enumerated in subparagraphs (A) through (J) of this paragraph shall not create the presumption that the offense of bribery has been committed.
(b)
A person convicted of the offense of bribery shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than 20 years, or both.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-3 - Using private funds for law enforcement; off-duty employment of law enforcement officers

(a)
Except as otherwise provided in this Code section, any officer or employee of the state or any agency thereof who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the state is guilty of a misdemeanor.
(b)
Except as otherwise provided in this Code section, any officer or employee of a political subdivision who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the political subdivision of which he is an officer or employee is guilty of a misdemeanor.
(c)
Nothing contained within this Code section shall be deemed or construed so as to prohibit any law enforcement officer of the state or any political subdivision thereof:
(1)
From being employed by private persons, firms, or corporations during his off-duty hours when such employment is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed; or
(2)
From soliciting for or accepting contributions of equipment or of funds to be used solely for the purchase of equipment to be used in the enforcement of the penal laws or regulations of this state or any political subdivision thereof when such acceptance is approved in writing by the chief or head, or his duly designated agent, of the law enforcement agency by which such law enforcement officer is employed.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-4 - Influencing of legislative action by state and local government officers or employees

(a)
Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the General Assembly, or procure or attempt to procure the approval or disapproval of the same by the Governor, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.
(b)
Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the legislative body of the political subdivision of which he or she is an officer or employee shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.
Amended by 2010 Ga. Laws 680,§ 24, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-5 - Influencing of officer or employee of state or political subdivision by another officer or employee

(a)
Any officer or employee of the state or any agency thereof who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the state or any agency thereof shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.
(b)
Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.
Amended by 2010 Ga. Laws 680,§ 25, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-7 - False acknowledgments, certificates, or statements of appearance or oath by officer authorized to do same

Any officer authorized to administer oaths or to take and certify acknowledgments who knowingly makes a false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person is guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-8 - False official certificates or writings by officers or employees of state and political subdivisions

An officer or employee of the state or any political subdivision thereof or other person authorized by law to make or give a certificate or other writing who knowingly makes and delivers such a certificate or writing containing any statement which he knows to be false shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 1 - ABUSE OF GOVERNMENTAL OFFICE (§§ 16-10-1 — 16-10-9) › Section 16-10-9 - Acceptance of office or employment in more than one branch of government

(a)
It shall be unlawful for:
(1)
Members of the General Assembly to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the judicial branch of the state government;
(2)
Judges of courts of record or their clerks and assistants to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the legislative branch of the state government; or
(3)
Officers or employees of the executive branch of the state government to accept or hold office or employment in the legislative or judicial branches of the state government.
(b)
A person who knowingly disburses or receives any compensation or money in violation of this Code section is guilty of a misdemeanor.
(c)
Nothing in this Code section shall be construed to apply to any officer or employee of the executive branch who has taken a leave of absence without pay from his post for temporary service as an employee of the legislative branch while it is in session and during the authorized stay-over period.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES (§§ 16-10-20 — 16-10-35) › Section 16-10-20 - False statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions

A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES (§§ 16-10-20 — 16-10-35) › Section 16-10-20.1 - Filing false documents

(a)
As used in this Code section, the term "document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form and shall include, but shall not be limited to, liens, encumbrances, documents of title, instruments relating to a security interest in or title to real or personal property, or other records, statements, or representations of fact, law, right, or opinion.
(b)
Notwithstanding Code Sections
16-10-20
and
16-10-71
, it shall be unlawful for any person to:
(1)
Knowingly file, enter, or record any document in a public record or court of this state or of the United States knowing or having reason to know that such document is false or contains a materially false, fictitious, or fraudulent statement or representation; or
(2)
Knowingly alter, conceal, cover up, or create a document and file, enter, or record it in a public record or court of this state or of the United States knowing or having reason to know that such document has been altered or contains a materially false, fictitious, or fraudulent statement or representation.
(c)
Any person who violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than ten years, a fine not to exceed $10,000.00, or both.
(d)
This Code section shall not apply to a court clerk, registrar of deeds, or any other government employee who is acting in the course of his or her official duties.
Amended by 2014 Ga. Laws 626,§ 1, eff. 7/1/2014.
Added by 2012 Ga. Laws 582,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES (§§ 16-10-20 — 16-10-35) › Section 16-10-21 - Conspiracy to defraud state or political subdivision

(a)
A person commits the offense of conspiracy to defraud the state when he conspires or agrees with another to commit theft of any property which belongs to the state or to any agency thereof or which is under the control or possession of a state officer or employee in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of the offense of conspiracy to defraud the state shall be punished by imprisonment for not less than one nor more than five years.
(b)
A person commits the offense of conspiracy to defraud a political subdivision when he conspires or agrees with another to commit theft of any property which belongs to a political subdivision or to any agency thereof or which is under the control or possession of an officer or employee of a political subdivision in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of the offense of conspiracy to defraud a political subdivision shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES (§§ 16-10-20 — 16-10-35) › Section 16-10-22 - Conspiracy in restraint of free and open competition in transactions with state or political subdivisions; forfeiture of right to bid on or enter into contracts

(a)
A person who enters into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with the state or any agency thereof, whether the transaction is for goods, materials, or services, shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with the state shall be complete when the contract, combination, or conspiracy is effected and an overt act in furtherance thereof has been committed.
(b)
A person who enters into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with a political subdivision or any agency thereof, whether the transaction is for goods, materials, or services, shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with political subdivisions shall be complete when the contract, combination, or conspiracy is effected and an overt act in furtherance thereof has been committed.
(c)
A person who is convicted of or who pleads guilty to a violation of subsection (a) or (b) of this Code section as a result of any contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction which was entered into or carried out, in whole or in part, on or after July 1, 1985, shall be ineligible to submit a bid on, enter into, or participate in any contract with any department, agency, branch, board, or authority of the state or any county, municipality, board of education, or other political subdivision thereof for a period of five years following the date of the conviction or entry of the plea.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES (§§ 16-10-20 — 16-10-35) › Section 16-10-23 - Impersonating a public officer or employee

A person who falsely holds himself or herself out as a peace officer, officer of the court, or other public officer or employee with intent to mislead another into believing that he or she is actually such officer commits the offense of impersonating an officer and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.
Amended by 2022 Ga. Laws 868,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION (§§ 16-10-1 — 16-10-98) › Article 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES (§§ 16-10-20 — 16-10-35) › Section 16-10-24.1 - Obstructing or hindering firefighters

(a)
As used in this Code section, the term "firefighter" means:
(1)
Any person who is employed as a professional firefighter on a full-time basis for at least 40 hours per week by any county, municipal, or state fire department when such person has responsibility for preventing and suppressing fires, protecting life and property, enforcing municipal, county, or state fire prevention codes, or enforcing any law or ordinance pertaining to the prevention or control of fires;
(2)
Any volunteer firefighter as the term "volunteer firefighter" is defined by paragraph (7) of Code Section
47-7-1
as said paragraph (7) exists on January 1, 1988; or
(3)
Any person employed as a professional firefighter on a full-time basis for at least 40 hours per week by a person or corporation which has a contract with a municipality or county to provide fire prevention and fire-fighting services for such municipality or county when such person has responsibility for preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, or enforcing any municipal or county ordinances pertaining to the prevention and control of fires.
(b)
Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any firefighter in the lawful discharge of the firefighter's official duties is guilty of a misdemeanor.
(c)
Whoever knowingly and willfully resists, obstructs, or opposes any firefighter in the lawful discharge of the firefighter's official duties by offering or doing violence to the person of such firefighter is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
2002 Ga. Laws 952, § 11, eff. 7/1/2002, and 2002 Ga. Laws 787, § 4, eff. 7/1/2002, purported to amend § 16-10-24 by changing "fireman" to "firefighter"; however, that word does not appear in § 16-10-24. Section 16-10-24.1 is apparently the section meant to be amended. The publisher has inserted the appropriate term in brackets in the text above.