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 2 - DEPOSIT ACCOUNT FRAUD (§§ 16-9-20 — 16-9-21) › Section 16-9-21 - Printing, executing, or negotiating checks, drafts, orders, or debit card sales drafts knowing information thereon to be in error, fictitious, or assigned to another account holder

(a)
It shall be unlawful for any person to print or cause to be printed checks, drafts, orders, or debit card sales drafts, drawn upon any financial institution or to execute or negotiate any check, draft, order, or debit card sales draft knowing that the account number, routing number, or other information printed on such check, draft, order, or debit card sales draft is in error, fictitious, or assigned to another account holder or financial institution.
(b)
Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one year nor more than five years, or both.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-31 - Financial transaction card theft

(a)
A person commits the offense of financial transaction card theft when:
(1)
He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder;
(2)
He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and he retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder;
(3)
He, not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer; or
(4)
He, not being the issuer, during any 12 month period receives two or more financial transaction cards in the names of persons which he has reason to know were taken or retained under circumstances which constitute a violation of paragraph (3) of subsection (a) of Code Section
16-9-33
and paragraph (3) of this subsection.
(b)
Taking, obtaining, or withholding a financial transaction card without consent of the cardholder or issuer is included in conduct defined in Code Section
16-8-2
as the offense of theft by taking.
(c)
Conviction of the offense of financial transaction card theft is punishable as provided in subsection (b) of Code Section
16-9-38
.
(d)
When a person has in his possession or under his control two or more financial transaction cards issued in the names of persons other than members of his immediate family or without the consent of the cardholder, such possession shall be prima-facie evidence that the financial transaction cards have been obtained in violation of subsection (a) of this Code section.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-32 - Forgery of financial transaction card

(a)
A person commits the offense of financial transaction card forgery when:
(1)
With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely makes or falsely embosses a purported financial transaction card;
(2)
With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely encodes, duplicates, or alters existing encoded information on a financial transaction card or utters such a financial transaction card; or
(3)
He, not being the cardholder or a person authorized by him, with intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, signs a financial transaction card.
(b)
A person falsely makes a financial transaction card when he makes or draws in whole or in part a device or instrument which purports to be the financial transaction card of a named issuer but which is not such a financial transaction card because the issuer did not authorize the making or drawing or when he alters a financial transaction card which was validly issued.
(c)
A person falsely embosses a financial transaction card when without authorization of the named issuer he completes a financial transaction card by adding any of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder.
(d)
A person falsely encodes a financial transaction card when without authorization of the purported issuer he records, erases, or otherwise alters magnetically, electronically, electromagnetically, or by any other means whatsoever information on a financial transaction card which will permit acceptance of that card by any automated banking device.
(e)
Conviction of the offense of financial transaction card forgery shall be punishable as provided in subsection (b) of Code Section
16-9-38
.
(f)
When a person other than the purported issuer possesses two or more financial transaction cards which are falsely made, falsely encoded, or falsely embossed, such possession shall be prima-facie evidence that said cards were obtained in violation of paragraph (1) or (2) of subsection (a) of this Code section.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-34 - Criminal possession of financial transaction card forgery devices

(a)
A person commits the offense of criminal possession of financial transaction card forgery devices when:
(1)
He is a person other than the cardholder and possesses two or more incomplete financial transaction cards with intent to complete them without the consent of the issuer; or
(2)
With knowledge of its character, he possesses machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.
(b)
A financial transaction card is incomplete if part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder has not yet been stamped, embossed, imprinted, encoded, or written upon.
(c)
Conviction of the offense of criminal possession of financial transaction card forgery devices is punishable as provided in subsection (b) of Code Section
16-9-38
.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-35 - Criminal receipt of goods and services fraudulently obtained

A person commits the offense of criminally receiving goods and services fraudulently obtained when he receives money, goods, services, or anything else of value obtained in violation of subsection (a) of Code Section
16-9-33
with the knowledge or belief that the same were obtained in violation of subsection (a) of Code Section
16-9-33
. Conviction of the offense of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (a) of Code Section
16-9-38
if the value of all money, goods, services, and anything else of value obtained in violation of this Code section does not exceed $100.00 in any six-month period. Conviction of the offense of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (b) of Code Section
16-9-38
if such value exceeds $100.00 in any six-month period.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-36 - Rebuttable presumption of criminal receipt of goods and services fraudulently obtained

A person who obtains at a discount price a ticket issued by an airline, railroad, steamship, or other transportation company from other than an authorized agent of such company, which ticket was acquired in violation of subsection (a) of Code Section
16-9-33
without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be rebuttably presumed to know that such ticket was acquired under circumstances constituting a violation of subsection (a) of Code Section
16-9-33
if the ticket shows on its face that it was issued through the use of a financial transaction card or that it is otherwise nonrefundable.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-36.1 - Criminal factoring of financial transaction card records

Any person who, without the acquirer's express authorization, employs or solicits an authorized merchant or any agent or employee of such merchant to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such merchant, agent, or employee, commits the offense of criminal factoring of financial transaction card records. Conviction of criminal factoring of financial transaction card records shall be punishable as provided in subsection (b) of Code Section
16-9-38
.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-37 - Unauthorized use of financial transaction card; misuse of government issued cards

(a)
Any person who has been issued or entrusted with a financial transaction card for specifically authorized purposes, provided such authorization is in writing stating a maximum amount charges that can be made with the financial transaction card, and who uses the financial transaction card in a manner and for purposes not authorized in order to obtain or purchase money, goods, services, or anything else of value shall be punished as provided in subsection (a) of Code Section
16-9-38
.
(b)
Any person who has been issued or entrusted with a financial transaction card by a government for specifically limited and specifically authorized purposes, provided such limitations and authorizations are in writing, and who uses the financial transaction card in a manner and for purposes not authorized shall be punished as provided in subsection (b) of Code Section
16-9-38
.
Amended by 2015 Ga. Laws 49,§ 3, 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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-38 - Punishment and penalties

(a)
A person who is subject to the punishment and penalties of this subsection shall be fined not more than $1,000.00 or imprisoned not less than one year nor more than two years, or both.
(b)
A person subject to punishment under this subsection shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one year nor more than three years, or both.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-39 - Publication of information regarding schemes, devices, means, or methods for financial transaction card fraud or theft of telecommunication services

(a)
As used in this Code section, "publish" means the communication or dissemination of information to any one or more persons either orally, in person, by telephone, radio or television, or in a writing of any kind, including without limitation a letter, memorandum, circular, handbill, newspaper or magazine article, or book.
(b)
A person who publishes the number or code of any existing, canceled, revoked, or nonexistent telephone number, credit number, or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evidencing an intent to have such telephone number, credit number, credit device, or method of numbering or coding so used shall be punished as provided in subsection (a) of Code Section
16-9-38
.
(c)
An offense under this Code section may be deemed to have been committed at either the place at which the publication was initiated, at which publication was received, or at which the information so published was utilized to avoid or attempt to avoid payment of any lawful telephone or telegraph charge.
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 3 - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS (§§ 16-9-30 — 16-9-40) › Section 16-9-40 - Venue determinations

(a)
In any prosecution for a violation of this article, the state is not required to establish that all of the acts constituting the crime occurred in this state or within one city, county, or local jurisdiction, and it is no defense that some of the acts constituting the crime did not occur in this state or within one city, county, or local jurisdiction. Except as otherwise provided by Code Section
17-2-2
, for purposes of venue, the crime defined by this Code section shall be considered as having been committed in the county where the commission of the crime commenced.
(b)
In any prosecution for a violation of this article by a public official or government employee, using government funds or a financial transaction card issued to such official or government employee by or on behalf of government, the crime shall be considered to have been committed in the county in which such public official holds office or such government employee is employed.
Added by 2015 Ga. Laws 49,§ 4, 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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-50 - Deceptive business practices

(a)
A person commits the offense of using a deceptive business practice when in the regular course of business he knowingly:
(1)
Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;
(2)
Sells, offers, or exposes for sale or delivers less than the represented quality or quantity of any commodity; or
(3)
Takes or attempts to take more than the represented quantity of any commodity when as buyer he furnishes the weight or measure.
(b)
Any person who commits the offense of using a deceptive business practice 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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-51 - Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest

(a)
Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.
(b)
A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.
(c)
In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done.
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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-52 - Improper solicitation of money

(a)
A person commits the offense of improper solicitation of money when he solicits payment of money by another by means of a statement or invoice or any writing that could reasonably be interpreted as a statement or invoice for goods not yet ordered or for services not yet performed and not yet ordered, unless there appears on the face of the statement or invoice or writing in 30 point boldface type the following warning:
"This is a solicitation for the order of goods or services and you are under no obligation to make payment unless you accept the offer contained herein."
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
(c)
In addition to other remedies, any person damaged by noncompliance with subsection (a) of this Code section is entitled to damages in the amount equal to three times the sum solicited.
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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-53 - Damaging, destroying, or secreting property to defraud another

(a)
A person commits the offense of damaging, destroying, or secreting property to defraud another person when he knowingly and with intent to defraud another person damages, destroys, or secretes any property of whatever class or character, whether the property of himself or of another person.
(b)
A person convicted of the offense of damaging, destroying, or secreting property to defraud another person 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 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-54 - False statements by telephone solicitors

(a)
In making a telephone solicitation for the purpose of the sale of goods or services or for the purpose of seeking charitable contributions, it shall be unlawful for any person to make false statements regarding the purpose of the solicitation, the person or persons represented by the solicitor, or the person or persons benefiting from the solicitation.
(b)
Any person who violates 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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-55 - Fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent

(a)
Any person who obtains or attempts to obtain or who establishes or attempts to establish eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain or in establishing or attempting to establish eligibility for, any public housing or a reduction in public housing rental charges or any rent subsidy or payment from a tenant in connection with public housing to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor.
(b)
As used in this Code section, "public housing" means housing which is constructed, operated, maintained, financed, or subsidized by the state, a county, a municipal corporation, the Georgia Housing and Finance Authority, a housing authority, or by any other political subdivision or public corporation of the state or its subdivisions.
(c)
Notice of subsection (a) of this Code section shall be printed on the application form for public housing and shall be displayed in the office where such application is made.
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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-56 - Fraudulent attempts to obtain refunds

(a)
It shall be unlawful for any person to give a false or fictitious name, address, or telephone number as that person's own or to give the name, address, or telephone number of any other person without that other person's knowledge and approval for the purpose of obtaining or attempting to obtain a refund for merchandise returned to a business establishment or a refund on a ticket or other document which is evidence of a service purchased from a business establishment, which service is yet to be performed.
(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 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-57 - False representation as representative of peace officer organization or fire service organization

(a)
It shall be unlawful for any person to solicit or accept a fee, consideration, or donation or to offer for sale or to sell advertising as a representative of a peace officer organization or fire service organization or under the guise of representing a peace officer organization or fire service organization unless such person is employed by, is acting pursuant to the authority of, or is a member of such organization.
(b)
As used in this Code section, the term:
(1)
"Fire service" shall include any person duly elected, appointed, or employed to engage in fire fighting.
(2)
"Peace officer" shall include any person duly elected, appointed, or employed to engage in public law enforcement work.
(c)
Any person, firm, association, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment for not more than 30 days, or both.
(d)
Any person, firm, association, or corporation violating subsection (a) of this Code section through the use of some form of communication across the boundaries of the state, whether such communication is by mail, by the use of any electronic device including but not limited to the use of a telephone or telegraph, or by any other means, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.
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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-58 - Failing to pay for natural products or chattels

Any person, either on his or her own account or for others, who with fraudulent intent shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, Christmas trees, pine needles, horticultural crops, poultry and poultry products, cattle, hogs, sheep, goats, ratites, horses, mules, pecans, peaches, apples, watermelons, cantaloupes, or other products or chattels and fail or refuse to pay therefor within 20 days following receipt of such products or chattels or by such other payment due date explicitly stated in a written contract agreed to by the buyer and seller, whichever is later, shall be guilty of a misdemeanor; except that if the value of the products or chattels exceeded $500.00 such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.
Amended by 2003 Ga. Laws 93, § 1, eff. 7/1/2003.
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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-59 - Operation of credit repair services organization

(a)
As used in this Code section, the term:
(1)
"Buyer" means any individual who is solicited to purchase or who purchases the services of a credit repair services organization.
(2)
(A)
"Credit repair services organization" means any person who, with respect to the extension of credit to a buyer by others, sells, provides, or performs, or represents that he can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
(i)
Improving a buyer's credit record, history, or rating;
(ii)
Obtaining an extension of credit for a buyer;
(iii)
Providing advice or assistance to a buyer with regard to either division (i) or (ii) of this subparagraph.
(B)
"Credit repair services organization" does not include:
(i)
Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States;
(ii)
Any bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation;
(iii)
Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986;
(iv)
Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license;
(v)
Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney;
(vi)
Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting within the course and scope of those regulatory agencies; or
(vii)
Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (
15 U.S.C. 1681
-
1681t
).
(3)
"Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.
(b)
A person commits the offense of operating a credit repair services organization when he or she owns, operates, or is affiliated with a credit repair services organization.
(c)
Any person who commits the offense of operating a credit repair services organization 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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-60 - "Foreclosure fraud" construed; penalty

(a)
For purposes of this Code section, the term "foreclosure fraud" shall include any of the following: knowingly or willfully representing that moneys provided to or on behalf of a debtor, as defined in Code Section
44-14-162.1
in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property or such debtor's interest therein; or knowingly or willfully making fraudulent representation to a debtor about assisting the debtor in connection with said property.
(b)
Any person who by foreclosure fraud purchases or attempts to purchase residential property by means of such fraudulent scheme shall be guilty of a felony.
(c)
A person who violates subsection (b) of this Code section shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.
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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-61 - Misrepresenting the origin or ownership of timber or agricultural commodities

(a)
A person commits the crime of misrepresenting the origin or ownership of timber or agricultural commodities when, in the course of a sale, attempted sale, delivery, or other completed or attempted transaction regarding timber or agricultural commodities, he or she knowingly, willfully, and with criminal intent to defraud makes a false statement or knowingly, willfully, and with criminal intent to defraud causes a false statement to be made with regard to any specific ownership of the timber or agricultural commodities or with regard to the location or ownership of the land where the timber was cut or the agricultural commodities were harvested.
(b)
Misrepresenting the origin of timber or agricultural commodities shall be punished, upon conviction, as for a misdemeanor; except that if the property which was the subject of the misrepresentation exceeded $500.00 in value, it shall be a felony offense punishable upon conviction by a sentence of imprisonment of not less than one year and not exceeding five years.
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 4 - FRAUD AND RELATED OFFENSES (§§ 16-9-50 — 16-9-63) › Section 16-9-62 - Crimes utilizing automated sales suppression devices, zapper, or phantom-ware; penalties

(a)
As used in this Code section, the term:
(1)
"Automated sales suppression device" or "zapper" means a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports.
(2)
"Electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data in whatever manner.
(3)
"Phantom-ware" means a hidden, preinstalled, or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register.
(4)
"Transaction data" includes items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction.
(5)
"Transaction reports" means a report documenting, but not limited to, the sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
(b)
It shall be unlawful to willfully and knowingly sell, purchase, install, transfer, or possess in this state any automated sales suppression device or zapper or phantom-ware.
(c)
Any person convicted of a violation of subsection (b) of this Code section shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine not to exceed $100,000.00, or both.
(d)
Any person violating subsection (b) of this Code section shall be liable for all taxes and penalties due the state as the result of the fraudulent use of an automated sales suppression device or phantom-ware and shall disgorge all profits associated with the sale or use of an automated sales suppression device or phantom-ware.
(e)
An automated sales suppression device or phantom-ware and any device containing such device or software shall be contraband.
Added by 2011 Ga. Laws 50,§ 2-1, 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 5 - REMOVAL OR ALTERATION OF IDENTIFICATION FROM PROPERTY (§§ 16-9-70 — 16-9-71) › Section 16-9-70 - Criminal use of an article with an altered identification mark

(a)
As used in this Code section, the term "firearm" shall have the same meaning as set forth in division (a)(6)(A)(iii) of Code Section
16-8-12
.
(b)
A person commits the offense of criminal use of an article with an altered identification mark when he or she buys, sells, receives, disposes of, conceals, or has in his or her possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any other mechanical or electrical device, appliance, contrivance, material, vessel as defined in Code Section
52-7-3
, or other piece of apparatus or equipment, other than a motor vehicle as defined in Code Section
40-1-1
, from which he or she knows the manufacturer's name plate, serial number, or any other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of such article.
(c)
(1)
A person convicted of the offense of criminal use of an article, other than a firearm, with an altered identification mark shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years.
(2)
A person convicted of the offense of criminal use of a firearm with an altered identification mark shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years.
(d)
This Code section shall not apply to those cases or instances when any of the changes or alterations enumerated in subsection (b) of this Code section have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or by its duly appointed direct representative or under specific authorization from the original manufacturer.
Amended by 2018 Ga. Laws 416,§ 4-2, eff. 7/1/2018.
Amended by 2006 Ga. Laws 456,§ 2, eff. 4/14/2006.
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 5 - REMOVAL OR ALTERATION OF IDENTIFICATION FROM PROPERTY (§§ 16-9-70 — 16-9-71) › Section 16-9-71 - Removal of collars or identifying items or marks on animals

(a)
It shall be unlawful for any person without the express permission of the owner or lessee of an animal to remove a collar, tag, tattoo, or any identification mark artificially attached to or imprinted on an animal for the purposes of identification which causes or is likely to cause the loss of the animal to the owner thereof.
(b)
Any person who violates 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 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 1 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-94) › Section 16-9-90 - Short title

This article shall be known and may be cited as the "Georgia Computer Systems Protection Act."
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 1 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-94) › Section 16-9-91 - Legislative findings

The General Assembly finds that:
(1)
Computer related crime is a growing problem in the government and in the private sector;
(2)
Such crime occurs at great cost to the public, since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime;
(3)
The opportunities for computer related crimes in state programs, and in other entities which operate within the state, through the introduction of fraudulent records into a computer system, unauthorized use of computer facilities, alteration or destruction of computerized information files, and stealing of financial instruments, data, or other assets are great;
(4)
Computer related crime operations have a direct effect on state commerce;
(5)
Liability for computer crimes should be imposed on all persons, as that term is defined in this title; and
(6)
The prosecution of persons engaged in computer related crime is difficult under previously existing Georgia criminal statutes.
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 1 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-94) › Section 16-9-93.1 - Misleading transmittal and use of individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol over computer or telephone network; criminal penalty; civil remedies

(a)
It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol to falsely identify the person, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained; provided, however, that no telecommunications company or Internet access provider shall violate this Code section solely as a result of carrying or transmitting such data for its customers.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
(c)
Nothing in this Code section shall be construed to limit an aggrieved party's right to pursue a civil action for equitable or monetary relief, or both, for actions which violate this Code section.
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 1 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-94) › Section 16-9-94 - Venue

For the purpose of venue under this article, any violation of this article shall be considered to have been committed:
(1)
In the county of the principal place of business in this state of the owner of a computer, computer network, or any part thereof;
(2)
In any county in which any person alleged to have violated any provision of this article had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation;
(3)
In any county in which any act was performed in furtherance of any transaction which violated this article; and
(4)
In any county from which, to which, or through which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.
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 16-9-101 - Initiation of deceptive commercial e-mail

Any person who initiates a commercial e-mail that the person knew or should have known to be false or misleading that is sent from, passes through, or is received by a protected computer shall be guilty of the crime of initiation of deceptive commercial e-mail.
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 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 2 - DECEPTIVE E-MAIL (§§ 16-9-100 — 16-9-109.1) › Section 16-9-102 - Penalties

(a)
Any person convicted of a violation of Code Section
16-9-101
shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00 or by imprisonment of not more than 12 months, or both, except:
(1)
Where the volume of commercial e-mail transmitted exceeded 10,000 attempted recipients in any 24 hour period;
(2)
Where the volume of commercial e-mail transmitted exceeded 100,000 attempted recipients in any 30 day period;
(3)
Where the volume of commercial e-mail transmitted exceeded one million attempted recipients in any one-year period;
(4)
Where the revenue generated from a specific commercial e-mail exceeded $1,000.00;
(5)
Where the total revenue generated from all commercial e-mail transmitted to any e-mail service provider or its subscribers exceeded $50,000.00; or
(6)
Where any person knowingly hires, employs, uses, or permits any minor to assist in the transmission of commercial e-mail in violation of Code Section
16-9-101
,
the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both.
(b)
For the second conviction of Code Section
16-9-101
within a five-year period, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both. For the purpose of this subsection, the term "conviction" shall include a plea of nolo contendere.
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 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 2 - DECEPTIVE E-MAIL (§§ 16-9-100 — 16-9-109.1) › Section 16-9-103 - Venue

For the purpose of venue under this part, any violation of this part shall be considered to have been committed:
(1)
In the county of the principal place of business in this state of the owner of an involved protected computer, computer network, or any part thereof;
(2)
In any county in which any person alleged to have violated any provision of this part had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation;
(3)
In any county in which any act was performed in furtherance of any transaction which violated this part; and
(4)
In any county from which, to which, or through which any use of an involved protected computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.
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 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 2 - DECEPTIVE E-MAIL (§§ 16-9-100 — 16-9-109.1) › Section 16-9-104 - Jurisdiction for prosecutions

The Attorney General shall have concurrent jurisdiction with the district attorneys and solicitors-general to conduct the criminal prosecution of violations of this part.
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 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 2 - DECEPTIVE E-MAIL (§§ 16-9-100 — 16-9-109.1) › Section 16-9-105 - Civil actions

(a)
The following persons shall have standing to assert a civil action under this part:
(1)
Any e-mail service provider whose protected computer was used to send, receive, or transmit an e-mail that was sent in violation of this part; and
(2)
A domain owner of any e-mail address to which a deceptive commercial e-mail is sent in violation of this part, provided that the domain owner also owns a protected computer at which the e-mail was received.
(b)
Any person who has standing and who suffers personal, property, or economic damage by reason of a violation of any provision of this part may initiate a civil action for and recover the greater of:
(1)
Five thousand dollars plus expenses of litigation and reasonable attorney's fees;
(2)
Liquidated damages of $1,000.00 for each offending commercial e-mail, up to a limit of $2 million per incident, plus expenses of litigation and reasonable attorney's fees; or
(3)
Actual damages, plus expenses of litigation and reasonable attorney's fees.
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 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 2 - DECEPTIVE E-MAIL (§§ 16-9-100 — 16-9-109.1) › Section 16-9-106 - Violations as separate offenses; construction with other laws; e-mail policies of service providers not limited or restricted

(a)
Any crime committed in violation of this part shall be considered a separate offense.
(b)
The provisions of this part shall not be construed as limiting or precluding the application of any other provision of law which applies to any transaction or course of conduct which violates this part.
(c)
Nothing in this part shall be construed to limit or restrict the adoption, implementation, or enforcement by an e-mail service provider or Internet service provider of a policy of declining to transmit, receive, route, relay, handle, or store certain types of e-mail.
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 6 - COMPUTER SYSTEMS PROTECTION (§§ 16-9-90 — 16-9-109.1) › Part 2 - DECEPTIVE E-MAIL (§§ 16-9-100 — 16-9-109.1) › Section 16-9-107 - No cause of action against service providers

There shall be no cause of action under this part against an e-mail service provider on the basis of its routine transmission of any commercial e-mail over its computer network.
Added by 2005 Ga. Laws 46,§ 4, eff. 7/1/2005.