reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-5 - Enticing a child for indecent purposes

(a)
A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
(b)
Except as provided in subsection (c) of this Code section, a person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section
17-10-6.2
.
(c)
If the victim is at least 14 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section
17-10-6.2
.
(d)
(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)
Any person having been previously convicted of a sexual felony who is convicted of the felony offense of enticing a child for indecent purposes 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
.
Amended by 2023 Ga. Laws 347,§ 3-8, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.
Amended by 2006 Ga. Laws 571,§ 12, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-6 - Bestiality

(a)
A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b)
A person convicted of the offense of bestiality shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-7 - Necrophilia

(a)
A person commits the offense of necrophilia when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b)
A person convicted of the offense of necrophilia shall be punished by imprisonment for not less than one nor more than ten years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-8 - Public indecency

(a)
A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
(1)
An act of sexual intercourse;
(2)
A lewd exposure of the sexual organs;
(3)
A lewd appearance in a state of partial or complete nudity; or
(4)
A lewd caress or indecent fondling of the body of another person.
(b)
A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section.
(c)
Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(d)
For the purposes of this Code section only, "public place" shall include jails and penal and correctional institutions of the state and its political subdivisions.
(e)
This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-9 - Prostitution

A person, 18 years of age or older, commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including, but not limited to, sexual intercourse or sodomy, for money or other items of value.
Amended by 2019 Ga. Laws 30,§ 1-6, eff. 7/1/2019.
Amended by 2001 Ga. Laws 19, § 3, eff. 3/30/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-10 - Keeping a place of prostitution

A person having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-11 - Pimping

A person commits the offense of pimping when he or she performs any of the following acts:
(1)
Offers or agrees to procure a prostitute for another;
(2)
Offers or agrees to arrange a meeting of persons for the purpose of prostitution;
(3)
Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution;
(4)
Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
(5)
Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis.
Amended by 2003 Ga. Laws 216, § 1, eff. 6/2/2003.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-12 - Pandering

A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-13.1 - Testing for sexually transmitted diseases required

(a)
Any term used in this Code section and defined in Code Section
31-22-9.1
shall have the meaning provided for such term in Code Section
31-22-9.1
.
(b)
Upon a verdict or plea of guilty or a plea of nolo contendere to the offense of pandering, the court in which that verdict is returned or plea entered shall as a condition of probation or a suspended sentence require the defendant in such case to submit to testing for sexually transmitted diseases within 45 days following the date of the verdict or plea and to consent to release of the test results to the defendant's spouse if the defendant is married; provided, however, that a defendant who is not a resident of this state shall, upon a verdict or plea of guilty or a plea of nolo contendere, be ordered by the court to undergo immediate testing for sexually transmitted diseases and shall remain in the custody of the court until such testing is completed. The clerk of the court, in the case of a defendant who is a resident of this state, shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Public Health. The tests for sexually transmitted diseases required under this subsection shall be limited to the eight most common sexually transmitted diseases as determined by the Department of Public Health.
(c)
The Department of Public Health, within 30 days following the notification under subsection (b) of this Code section, shall arrange for the tests for the person required to submit thereto. Such person shall bear the costs of such tests.
(d)
Any person required under this Code section to submit to testing for sexually transmitted diseases who fails or refuses to submit to the tests arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was returned or plea entered to require voluntary submission to the tests.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-13.2 - Civil forfeiture of motor vehicle

(a)
As used in this Code section, the term "motor vehicle" shall have the same meaning as set forth in Code Section
40-1-1
.
(b)
Any motor vehicle used by a person to facilitate a violation of Code Section
16-6-10
,
16-6-11
when the offense involved the pimping of a person to perform an act of prostitution, or 16-6-12 is declared to be contraband and no person shall have a property right in it.
(c)
Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
Amended by 2019 Ga. Laws 30,§ 2-3, eff. 7/1/2019.
Amended by 2015 Ga. Laws 98,§ 2-3, eff. 7/1/2015.
Amended by 2015 Ga. Laws 95,§ 5B-1, eff. 7/1/2015.
Amended by 2001 Ga. Laws 191, § 29, eff. 7/1/2001.
Amended by 2001 Ga. Laws 20, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-13.3 - Civil forfeiture of proceeds and property

(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 Code Section
16-6-10
,
16-6-11
, or
16-6-12
and any 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 the procedures set forth in Chapter 16 of Title 9.
Amended by 2019 Ga. Laws 30,§ 2-4, eff. 7/1/2019.
Amended by 2015 Ga. Laws 98,§ 2-4, eff. 7/1/2015.
Amended by 2015 Ga. Laws 95,§ 5B-2, eff. 7/1/2015.
Amended by 2003 Ga. Laws 9, § 16, eff. 5/14/2003.
Added by 2001 Ga. Laws 20, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-14 - [Repealed] Pandering by compulsion

Repealed by 2019 Ga. Laws 30,§ 1-8, eff. 7/1/2019.
Amended by 2001 Ga. Laws 19, § 5, eff. 3/30/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-15 - Solicitation of sodomy

(a)
A person commits the offense of solicitation of sodomy when he solicits another to perform or submit to an act of sodomy. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy shall be punished as for a misdemeanor.
(b)
A person convicted of solicitation of sodomy when such offense involves the solicitation of a person or persons under the age of 18 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and shall be fined not less than $2,500.00 nor more than $10,000.00.
Amended by 2001 Ga. Laws 19, § 6, eff. 3/30/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-16 - Masturbation for hire

(a)
A person, including a masseur or masseuse, commits the offense of masturbation for hire when he erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof.
(b)
A person committing the offense of masturbation for hire shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-17 - Giving massages in place used for lewdness, prostitution, assignation, 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.
(c)
Any person who violates 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 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-18 - Fornication

An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-19 - Adultery

A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-20 - Bigamy

(a)
A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b)
It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
(c)
A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-21 - Marrying a bigamist

(a)
An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.
(b)
It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.
(c)
A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-22 - Incest

(a)
A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section
16-6-2
, with a person whom he or she knows he or she is related to by blood, by adoption, or by marriage as follows:
(1)
Father and child or stepchild;
(2)
Mother and child or stepchild;
(3)
Siblings of the whole blood or of the half blood or by virtue of adoption;
(4)
Grandparent and grandchild of the whole blood or of the half blood or by virtue of adoption;
(5)
Aunt and niece or nephew of the whole blood or of the half blood or by virtue of adoption; or
(6)
Uncle and niece or nephew of the whole blood or of the half blood or by virtue of adoption.
(b)
A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section
17-10-6.2
.
(c)
(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)
Any person having been previously convicted of a sexual felony who is convicted of the offense of incest 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
.
Amended by 2024 Ga. Laws 561,§ 2, eff. 7/1/2024.
Amended by 2023 Ga. Laws 347,§ 3-10, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.
Amended by 2015 Ga. Laws 40,§ 1-1, eff. 7/1/2015.
Amended by 2010 Ga. Laws 389,§ 3, eff. 5/20/2010.
Amended by 2006 Ga. Laws 571,§ 14, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-22.1 - Sexual battery; consent

(a)
For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b)
A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
(c)
Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
(d)
A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(e)
Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section
17-10-6.2
.
(f)
When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim is at least 13 but less than 16 years of age and the accused is 18 years of age or younger and no more than 48 months older than the alleged victim, this subsection shall not be applicable.
Amended by 2021 Ga. Laws 16,§ 1, eff. 7/1/2021.
Amended by 2006 Ga. Laws 571,§ 15, eff. 7/1/2006.
Amended by 2003 Ga. Laws 216, § 1.1, eff. 6/2/2003.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-22.2 - Aggravated sexual battery; consent

(a)
For the purposes of this Code section, the term "foreign object" means any article or instrument other than the sexual organ of a person.
(b)
A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
(c)
A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections
17-10-6.1
and
17-10-7
.
(d)
When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim is at least 13 but less than 16 years of age and the accused is 18 years of age or younger and no more than 48 months older than the alleged victim, this subsection shall not be applicable.
(e)
(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)
Any person having been previously convicted of a sexual felony who is convicted of the offense of aggravated sexual battery 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
.
Amended by 2023 Ga. Laws 347,§ 3-11, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.
Amended by 2021 Ga. Laws 16,§ 2, eff. 7/1/2021.
Amended by 2006 Ga. Laws 571,§ 16, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-23 - Publication of name or identity of female raped or assaulted with intent to commit rape

(a)
It shall be unlawful for any news media or any other person to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this state or through any radio or television broadcast originating in the state the name or identity of any female who may have been raped or upon whom an assault with intent to commit the offense of rape may have been made.
(b)
This Code section does not apply to truthful information disclosed in public court documents open to public inspection.
(c)
Any person or corporation violating this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-24 - Adoption of ordinances by counties and municipalities which proscribe loitering or related activities

Nothing contained in this chapter shall prevent any county or municipality from adopting ordinances which proscribe loitering or related activities in public for the purpose of procuring others to engage in any sexual acts for hire.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-25 - Harboring, concealing, or withholding information concerning a sexual offender; penalties

(a)
As used in this Code section, the term "law enforcement unit" means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections, the Department of Community Supervision, and the State Board of Pardons and Paroles.
(b)
Any person who knows or reasonably believes that a sexual offender, as defined in Code Section
42-1-12
, is not complying, or has not complied, with the requirements of Code Section
42-1-12
and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section
42-1-12
:
(1)
Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor such sexual offender;
(2)
Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or
(3)
Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information
commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years.
Amended by 2015 Ga. Laws 73,§ 5-21, eff. 7/1/2015.
Amended by 2007 Ga. Laws 18,§ 16, eff. 5/11/2007.
Added by 2006 Ga. Laws 571,§ 17, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 1 - BURGLARY (§§ 16-7-1 — 16-7-2) › Section 16-7-1 - Burglary

(a)
As used in this Code section, the term:
(1)
"Dwelling" means any building, structure, or portion thereof which is designed or intended for occupancy for residential use.
(2)
"Railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.
(b)
A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than 20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years.
(c)
A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.
(d)
Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld.
Amended by 2017 Ga. Laws 182,§ 1-2, eff. 7/1/2017.
Amended by 2012 Ga. Laws 709,§ III-3-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 1 - BURGLARY (§§ 16-7-1 — 16-7-2) › Section 16-7-2 - Smash and grab burglary; "retail establishment" defined; penalty

(a)
As used in this Code section, the term "retail establishment" means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment.
(b)
A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent.
(c)
A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both.
Added by 2010 Ga. Laws 674,§ 6, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 1A - HOME INVASION (§ 16-7-5) › Section 16-7-5 - Home invasion in the first and second degree

(a)
As used in this Code section, the term "dwelling" shall have the same meaning as provided in Code Section
16-7-1
.
(b)
A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
(c)
A person commits the offense of home invasion in the second degree when, without authority and with intent to commit a forcible misdemeanor therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
(d)
A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00. A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00.
(e)
Adjudication of guilt or imposition of sentence for home invasion in any degree may be probated at the discretion of the judge; provided, however, that such sentence shall not be suspended, deferred, or withheld.
(f)
A sentence imposed under this Code section may be imposed separately from and consecutive to a sentence for any other offense related to the act or acts establishing the offense under this Code section.
Added by 2014 Ga. Laws 574,§ 3, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-20 - Possession of tools for the commission of crime

(a)
A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
(b)
A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-21 - Criminal trespass

(a)
A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
(b)
A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1)
Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2)
Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3)
Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
(c)
For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
(d)
A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
(e)
A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.
Amended by 2001 Ga. Laws 353, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-21.1 - [Multiple versions] [Unlawful squatting]

(a)
(1)
A person commits the offense of unlawful squatting when he or she enters upon the land or premises of another and resides on such land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. For purposes of this Code section, the term 'resides' means to inhabit or live on or within any land or premises.
(2)
Any person who commits or is accused of committing the offense of unlawful squatting as provided for in paragraph (1) of this subsection shall receive a citation advising that they must present to the head of the issuing law enforcement agency or their designee within three business days of receiving the citation for such alleged offense properly executed documentation that authorizes the person's entry on such land or premises. Such documentation may include a properly executed lease or rental agreement or proof of rental payments.
(3)
If such person is unable to provide the documentation required by paragraph (2) of this subsection, such person shall be subject to arrest for unlawful squatting and upon conviction to the penalty provided in subsection (b) of this Code section.
(4)
If such person does provide documentation that authorizes such person's entry on the land or premises, a hearing shall be set within seven days of the submission of such documentation and if the court finds that the submitted documentation was not properly executed or is not meritorious, such person shall be subject to demand for possession and removal as provided in Code Section
44-11-32
, be subject to arrest and upon conviction penalties as provided for in Code Sections
16-9-1
and
16-9-2
, and shall be assessed an additional fine based on the fair market monthly rental rate of the land or premises.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor which upon conviction shall be punishable as provided in Code Section
17-10-3
.
Added by 2024 Ga. Laws 483,§ 3, eff. 4/24/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-22 - Criminal damage to property in the first degree

(a)
As used in this Code section, the term:
(1)
"Critical infrastructure" shall have the same meaning as provided in Code Section
16-11-220
.
(2)
"Electronic means" means any unauthorized transmission of fraudulent or unauthorized data, including data that is self-replicating or self-propagating, and any use of other technology that successfully modifies, alters, damages, destroys, records, or transmits information which disrupts normal operations.
(3)
"Public transportation system" shall have the same meaning as provided in Code Section
16-11-220
.
(4)
"Vital public service" includes water, sewerage, drainage, energy, electric, gas, natural gas, telecommunication, internet, cable, navigation, collision avoidance, public transportation systems, railroads, and other services the loss of which would have a debilitating impact on the health, safety, or financial security of the public.
(b)
A person commits the offense of criminal damage to property in the first degree when he or she:
(1)
Knowingly and without authority interferes with any property in a manner so as to endanger human life;
(2)
Knowingly and without authority and by either force or violence or by electronic means interferes with the proper operation of any critical infrastructure or any vital public service; or
(3)
Knowingly and without justification causes damage to a building by discharging a firearm while inside a vehicle or after immediately exiting a vehicle.
(c)
A person convicted of the offense of criminal damage to property in the first degree shall be punished by imprisonment for not less than one nor more than ten years; provided, however, that a person convicted of a violation of paragraph (2) of subsection (b) of this Code section shall be punished by imprisonment for not less than two nor more than 20 years.
Amended by 2024 Ga. Laws 512,§ 1-2, eff. 7/1/2024.
Amended by 2023 Ga. Laws 30,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-23 - Criminal damage to property in the second degree

(a)
A person commits the offense of criminal damage to property in the second degree when he or she:
(1)
Intentionally damages any property of another person without his or her consent and the damage thereto exceeds $500.00; or
(2)
Recklessly or intentionally, by means of fire, explosive, or fireworks damages property of another person.
(b)
A person convicted of the offense of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than five years.
Amended by 2024 Ga. Laws 614,§ 2, eff. 7/1/2024.
Amended by 2008 Ga. Laws 530,§ 2, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-24 - Interference with government property

(a)
A person commits the offense of interference with government property when he destroys, damages, or defaces government property and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(b)
A person commits the offense of interference with government property when he forcibly interferes with or obstructs the passage into or from government property and, upon conviction thereof, shall be punished as for a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-25 - Damaging, injuring, or interfering with property of public utility companies, municipalities, or political subdivisions

(a)
As used in this Code section, the term "critical infrastructure" shall have the same meaning as set forth in Code Section
16-11-220
.
(b)
It shall be unlawful for any person intentionally and without authority to alter or interfere with any critical infrastructure to prevent the proper registering of the quantity of such service supplied; in any way to interfere with the proper action of a company, municipality, or political subdivision owning critical infrastructure; intentionally to divert any services of such company, municipality, or political subdivision; or otherwise intentionally and without authority to use or cause to be used, without the consent of the company, municipality, or political subdivision, any service manufactured, sold, or distributed by the company, municipality, or political subdivision.
(c)
Where there is no evidence to the contrary, the person performing any of the illegal acts set forth in subsection (b) of this Code section and the person who with knowledge of such violation receives the benefit of such service without proper charge as a result of the improper action shall be presumed to be responsible for the act of tampering or diversion.
(d)
This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state or local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
(e)
Any person who violates this Code section shall be guilty of a misdemeanor.
Amended by 2023 Ga. Laws 30,§ 3, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-26 - Vandalism to a place of worship

(a)
A person commits the offense of vandalism to a place of worship when he maliciously defaces or desecrates a church, synagogue, or other place of public religious worship.
(b)
A person convicted of the offense of vandalism to a place of worship shall be punished by imprisonment for not less than one nor more than five years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-27 - Injuring, tearing down, or destroying mailboxes; injuring, defacing, or destroying mail

(a)
It shall be unlawful for any person willfully or maliciously to injure, tear down, or destroy any mailbox or receptacle intended or used for the receipt or delivery of mail or willfully or maliciously to injure, deface, or destroy any mail deposited therein.
(b)
Any person who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-28 - Redesignated

Renumbered and amended as
16-7-63
by 2008 Ga. Laws 530,§ 3, eff. 7/7/2008.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 1 - GENERAL PROVISIONS (§§ 16-7-20 — 16-7-29) › Section 16-7-29 - Interference with electronic monitoring devices

(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.
(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.
Amended by 2023 Ga. Laws 347,§ 3-12, eff. 5/4/2023.
Amended by 2010 Ga. Laws 389,§ 4, eff. 5/20/2010.
Amended by 2006 Ga. Laws 453,§ 16, eff. 4/14/2006.
Amended by 2005 Ga. Laws 19,§ 16, eff. 4/7/2005.
Added by 2004 Ga. Laws 587, § 2, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-40 - [Repealed] Short title

Repealed by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-41 - [Repealed] Legislative intent

Repealed by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.