reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-54 - Revocation of licenses; access to premises by law enforcement agencies

(a)
The Secretary of State shall have the specific authority to suspend or revoke any license for any violation of this part or for any violation of any rule or regulation promulgated under this part. Any licensee accused of violating any provision of this part or of any rule or regulation promulgated hereunder shall be entitled, unless waived, to a hearing on the matter of the alleged violation conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(b)
By making application for a license under this part, every applicant consents that the Secretary of State, as well as any of his or her agents, together with any prosecuting attorney, as well as any of his or her agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a bingo game for the purpose of examining the accounts and records of the licensee to determine if a violation of this part has occurred.
Amended by 2021 Ga. Laws 193,§ 4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-55 - Certification of tax-exempt status of organization; issuance of certificate of licensure

The Secretary of State shall upon the request of any prosecuting attorney or his or her designee certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The Secretary of State shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a bingo game. Code Section
48-7-60
, relative to the disclosure of income tax information, shall not apply to the furnishing of such certificate.
Amended by 2021 Ga. Laws 193,§ 5, eff. 7/1/2021.
Amended by 2011 Ga. Laws 52,§; 26, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-56 - Issuance of annual one-day license to nonprofit, tax-exempt school; application

Notwithstanding the other provisions of this part, the Secretary of State upon receiving written application therefor shall be authorized to issue a one-time license to a nonprofit, tax-exempt school which will allow it to operate a bingo game one day annually. In such cases, the Secretary of State shall have the power to waive the license fee provided for in Code Section
16-12-53
, to waive the annual report provided for in Code Section
16-12-59
, and otherwise promulgate rules and regulations to carry out this Code section.
Amended by 2021 Ga. Laws 193,§ 6, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-57 - Restrictions as to ownership of premises utilized

Bingo games shall be operated only on premises owned by the nonprofit, tax-exempt organization operating the bingo game, on property leased by the nonprofit, tax-exempt organization and used regularly by that organization for purposes other than the operation of a bingo game, or on property leased by the nonprofit, tax-exempt organization operating the bingo game from another nonprofit, tax-exempt organization.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-58 - Age restrictions

No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this part unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conducting of any game of bingo conducted pursuant to any license issued under this part.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-59 - Annual report to be filed with the Secretary of State

On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the Secretary of State a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection.
Amended by 2021 Ga. Laws 193,§ 7, eff. 7/1/2021.
Amended by 2005 Ga. Laws 332,§ 15, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-61 - Promulgation of necessary rules and regulations by Secretary of State authorized

The Secretary of State is authorized to promulgate rules and regulations which he or she deems necessary for the proper administration and enforcement of this part.
Amended by 2021 Ga. Laws 193,§ 8, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-62 - Penalties

Any person who operates a bingo game for which a license is required without a valid license issued by the Secretary of State as provided in this part commits the offense of commercial gambling as defined in Code Section
16-12-22
and, upon conviction thereof, shall be punished accordingly. Any person who knowingly aids, abets, or otherwise assists in the operation of a bingo game for which a license is required and has not been obtained as provided in this part similarly commits the offense of commercial gambling. Any person who violates any other provision of this part, including the provisions relating to recreational bingo, shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations of this part 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 or by a fine not to exceed $10,000.00, or both.
Amended by 2021 Ga. Laws 193,§ 9, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 2 - GAMBLING AND RELATED OFFENSES (§§ 16-12-20 — 16-12-63) › Part 2 - BINGO (§§ 16-12-50 — 16-12-63) › Section 16-12-63 - Transfer of regulatory authority over bingo; procedure and regulation

(a)
The Secretary of State shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the director of the Georgia Bureau of Investigation applicable to regulation of bingo games and recreational bingo under this part which are in effect on June 30, 2021. Such rules, regulations, policies, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the Secretary of State.
(b)
All valid agreements, contracts, licenses, permits, certificates, and similar authorizations previously issued by the director of the Georgia Bureau of Investigation with respect to any function transferred to the Secretary of State under this part shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective, as provided by law.
(c)
Effective July 1, 2021, the Secretary of State shall carry out all of the functions and obligations and exercise all of the powers provided in this part which were formerly held by the director of the Georgia Bureau of Investigation. All records in possession of the director of the Georgia Bureau of Investigation which are exclusively used for the regulation of bingo games and recreational bingo under this part shall be transferred to the Secretary of State on July 1, 2021.
Added by 2021 Ga. Laws 193,§ 10, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 1 - GENERAL PROVISIONS (§§ 16-12-80 — 16-12-85) › Section 16-12-81 - Distribution of material depicting nudity or sexual conduct; penalty

(a)
A person commits the offense of distributing material depicting nudity or sexual conduct when he sends unsolicited through the mail or otherwise unsolicited causes to be delivered material depicting nudity or sexual conduct to any person or residence or office unless there is imprinted upon the envelope or container of such material in not less than eight-point boldface type the following notice:
"Notice - The material contained herein depicts nudity or sexual conduct. If the viewing of such material could be offensive to the addressee, this container should not be opened but returned to the sender."
(b)
As used within this Code section, the term:
(1)
"Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering or the depiction of covered male genitals in a discernibly turgid state.
(2)
"Sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breast.
(c)
A person who commits the offense of distributing material depicting nudity or sexual conduct, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years or by a fine not to exceed $10,000.00, or both.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 1 - GENERAL PROVISIONS (§§ 16-12-80 — 16-12-85) › Section 16-12-82 - Public nuisances

The use of any premises in violation of any of the provisions of this part shall constitute a public nuisance.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 1 - GENERAL PROVISIONS (§§ 16-12-80 — 16-12-85) › Section 16-12-83 - Contraband

Any materials declared to be obscene by this part and advertisements for such materials are declared to be contraband.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 1 - GENERAL PROVISIONS (§§ 16-12-80 — 16-12-85) › Section 16-12-85 - Display of restricted film previews to general audiences

(a)
It shall be unlawful for any motion picture theater owner, operator, or projectionist to display to the audience within the theater scenes from a film to be shown at the theater at some future time when the viewing of that film from which the scenes are taken is restricted to adults or requires minors to be accompanied by a parent or guardian. Scenes of such restricted films may be shown within a theater if the audience has been similarly restricted as to viewing age and conditions.
(b)
This Code section shall not apply to motion pictures which are not rated as to viewing audience nor to the first display of a preview trailer from any motion picture.
(c)
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 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 2 - OFFENSES RELATED TO MINORS GENERALLY (§§ 16-12-100 — 16-12-100.5) › Section 16-12-100.3 - Obscene telephone contact; conviction; penalties

(a)
As used in this Code section, the terms "sexual conduct," "sexual excitement," and "sadomasochistic abuse" have the same meanings as provided for those terms in Code Section
16-12-100.1
, relating to electronically furnishing obscene materials to minors; the term "sexually explicit nudity" has the same meaning as provided for that term in Code Section
16-12-102
, relating to distributing harmful materials to minors; and the term "child" means a person under 14 years of age.
(b)
A person 17 years of age or over commits the offense of obscene telephone contact with a child if that person has telephone contact with an individual whom that person knows or should have known is a child, and that contact involves any aural matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(c)
(1)
Except as otherwise provided in other paragraphs of this subsection, a person convicted of the offense of obscene telephone contact with a child shall be guilty of a misdemeanor of a high and aggravated nature.
(2)
Upon the first conviction of the offense of obscene telephone contact with a child:
(A)
If the person convicted is less than 21 years of age, such person shall be guilty of a misdemeanor; or
(B)
The judge may probate the sentence without regard to the age of the convicted person, and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, the judge shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the place of incarceration shall provide counseling to such defendant.
(3)
Upon a second or subsequent conviction of such offense, the defendant shall be guilty of a felony and 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 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 2 - OFFENSES RELATED TO MINORS GENERALLY (§§ 16-12-100 — 16-12-100.5) › Section 16-12-100.4 - Access or use of commercial social networking website by high-risk sex offenders; conviction; severability

(a)
As used in this Code section, the term:
(1)
"Commercial social networking website" includes any website, application, portal, or other means of accessing the internet that:
(A)
Is operated by a person that derives revenue from membership fees, advertising, or other sources related to the operation of the website, application, portal, or other means of accessing the internet;
(B)
Allows users to create personal web pages or profiles that contain the user's name or nickname, photographs of the user, and other personal information; and
(C)
Provides users or visitors a mechanism by which to communicate with others, such as a message board, chat room, or instant messenger.
Such term shall not include a website that is either owned or operated by a local, state, or federal governmental entity or that has as its primary purpose the facilitation of commercial transactions, the dissemination of news, the discussion of political or social issues, or professional networking.
(2)
"High-risk sex offender" means any individual who is registered with the state sexual offender registry and who has been classified as a sexually dangerous predator pursuant to Code Section
42-1-14
.
(b)
It shall be unlawful for any high-risk sex offender to access or use any commercial social networking website to:
(1)
Communicate with a person who the offender believes is under 16 years of age;
(2)
Contact a person who the offender believes is under 16 years of age;
(3)
Pose falsely as a person under 16 years of age; or
(4)
Gather information about a person who the offender believes is under 16 years of age.
(c)
For purposes of determining jurisdiction, an offense shall be deemed to be committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state.
(d)
Any person that violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years and by a fine of not more than $10,000.00.
(e)
This Code section shall be severable in accordance with Code Section
1-1-3
, relating to severability.
Amended by 2024 Ga. Laws 701,§ 3, eff. 7/1/2024.
Added by 2022 Ga. Laws 648,§ 3, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 2 - OFFENSES RELATED TO MINORS GENERALLY (§§ 16-12-100 — 16-12-100.5) › Section 16-12-100.5 - [Grooming a minor]

(a)
As used in this Code section, the term:
(1)
"Computer" has the same meaning as provided in Code Section
16-9-92
.
(2)
"Electronic device" has the same meaning as provided in Code Section
16-12-100.2
.
(3)
"Minor" means any person under the age of 18 years.
(4)
"Pattern of conduct or communication" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
(5)
"Sexual offense" has the same meaning as provided in Code Section
17-10-6.2
.
(6)
"Sexual servitude" has the same meaning as provided in Code Section
16-5-46
.
(b)
A person over the age of 18 and no less than 48 months older than the alleged victim commits the offense of grooming of a minor when such person knowingly and intentionally engages in a pattern of conduct or communication in person; through a third party; through the use of an electronic device, a computer, social media, or text messages; or by any other means to gain access to, to gain the compliance of, to prepare, to persuade, to induce, or to coerce a minor to engage in a sexual offense or trafficking of persons for sexual servitude.
(c)
Any person who violates this Code section shall be guilty of a felony and punished by imprisonment for not less than one nor more than five years.
(d)
It shall not be a defense to prosecution under this Code section that no sexual offense or trafficking of persons for sexual servitude was accomplished or attempted.
(e)
A person shall be subject to prosecution in this state pursuant to Code Section
17-2-1
for any conduct made unlawful by this Code section which the person engages in while:
(1)
Either within or outside of this state if such conduct involves a minor who resides in this state or another person believed by such person to be a minor residing in this state; or
(2)
Within this state if such conduct involves a minor who resides within or outside this state or another person believed by such person to be a minor residing within or outside this state.
Added by 2024 Ga. Laws 491,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 3 - SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS (§§ 16-12-101 — 16-12-110) › Section 16-12-101 - Legislative purpose

The General Assembly finds that the sale, loan, and exhibition of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales, loans, and exhibition and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citizens of this state in general and of minors in this state in particular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale, loan, or exhibition of harmful materials to minors.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 3 - SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS (§§ 16-12-101 — 16-12-110) › Section 16-12-102 - Definitions

As used in this part, the term:
(1)
"Harmful to minors" means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A)
Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
(B)
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(C)
Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
(2)
"Knowingly" means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(A)
The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and
(B)
The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor.
(3)
"Minor" means a person less than 18 years of age.
(4)
"Sadomasochistic abuse" means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude.
(5)
"Sexual conduct" means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is female, breasts.
(6)
"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(7)
"Sexually explicit nudity" means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 3 - SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS (§§ 16-12-101 — 16-12-110) › Section 16-12-104 - Library exception

The provisions of Code Section
16-12-103
shall not apply to any public library operated by the state or any of its political subdivisions nor to any library operated as a part of any school, college, or university.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 3 - SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS (§§ 16-12-101 — 16-12-110) › Section 16-12-105 - Penalty

(a)
Except as provided in subsection (b) of this Code section, any person who violates any provision of Code Section
16-12-103
or
16-12-104
shall be guilty of a misdemeanor of a high and aggravated nature.
(b)
Any person who violates subsection (a) of Code Section
16-12-103
shall be guilty of a misdemeanor if:
(1)
The person depicted was at least 14 years of age;
(2)
The items described in subsection (a) of Code Section
16-12-103
were furnished or disseminated with the permission of the minor depicted; and
(3)
The defendant was 18 years of age or younger at the time of the offense.
Amended by 2013 Ga. Laws 206,§ 4, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 3 - SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS (§§ 16-12-101 — 16-12-110) › Section 16-12-106 - through 16-12-108 - [Repealed]

Repealed by Ga. L. 1981, p. 1578, § 2, effective 7/1/1981.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 3 - OBSCENITY AND RELATED OFFENSES (§§ 16-12-80 — 16-12-110) › Part 3 - SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS (§§ 16-12-101 — 16-12-110) › Section 16-12-110 - through 16-12-113 - [Repealed]

Repealed by Ga. L. 1983, p. 1437, § 2, effective 7/1/1983.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 1 - GENERAL PROVISIONS (§§ 16-12-120 — 16-12-120.1) › Section 16-12-120.1 - Altered fare coins, tokens, stored value cards, transfers, transaction cards, and tickets; sale or exchange of tokens, stored value card transfers, transaction cards, or tickets without consent

A person who commits or attempts to commit any of the following acts shall be guilty of a misdemeanor if such person:
(1)
Sells, makes, or possesses any coin, token, stored value card, transfer, transaction card, ticket, or any other fare medium which has been altered from its original condition contrary to its intended use to enter or gain entry into or on any bus, rail vehicle, or station;
(2)
Sells or exchanges any token, stored value card, transfer, transaction card, ticket, fare medium, or similar article which was obtained by fraudulent or illegal means and which is used or to be used as payment for entry into or on any bus, rail vehicle, or terminal without the express consent of the public transit agency owning or operating such vehicles or stations;
(3)
Offers entry or provides entry into or on any bus, rapid rail car, or station to any person without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations;
(4)
Gains entry into or on any bus, rapid rail car, or station without the payment of the proper fare; or
(5)
Gains entry into or on any bus, rapid rail car, or station through the use of a coin, token, transfer, transaction card, ticket, or any other fare medium which is the property of another person when the use of such medium is limited by its terms to a single user. This paragraph shall not apply to stored value cards or similar fare media which deduct the cost of the fare from the value stored on the card or other fare medium each time such card or other fare medium is used.
Amended by 2006 Ga. Laws 606,§ 1, eff. 4/27/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 2 - TRANSPORTATION PASSENGER SAFETY ACT (§§ 16-12-121 — 16-12-129) › Section 16-12-121 - Short title

This part shall be known and may be cited as the "Transportation Passenger Safety Act."
Amended by 2002 Ga. Laws 911, § 5, eff. 6/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 2 - TRANSPORTATION PASSENGER SAFETY ACT (§§ 16-12-121 — 16-12-129) › Section 16-12-124 - Removal of baggage, freight, or other items transported by bus or stored in a terminal

(a)
It shall be unlawful to remove any baggage, freight, container, or other item transported upon an aircraft, bus, or rail vehicle or stored in a terminal without consent of the owner of such property or the company or its duly authorized representative. Any person violating this Code section 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.
(b)
The actual value of an item removed in violation of this Code section shall not be material to the crime herein defined.
Amended by 2002 Ga. Laws 911, § 5, eff. 6/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 2 - TRANSPORTATION PASSENGER SAFETY ACT (§§ 16-12-121 — 16-12-129) › Section 16-12-125 - Avoiding or interfering with securing measures; penalty; exemption

(a)
Except as otherwise provided in this Code section, it shall be unlawful for any person to avoid or interfere with a properly functioning security measure. Any person convicted of a violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that any person who violates this Code section with the intent to commit a felony within the terminal or with regard to any aircraft, bus, or rail vehicle shall be punished by imprisonment for not less than five nor more than 25 years, a fine not to exceed $100,000.00, or both.
(b)
Any violation of this Code section shall be considered a separate offense.
(c)
This Code section shall not apply to authorized agents of the entity owning or operating such security measure.
Amended by 2003 Ga. Laws 179, § 2, eff. 5/31/2003.
Added by 2002 Ga. Laws 911, § 5, eff. 6/1/2002.
Former § 16-12-125 was renumbered as § 16-12-128 and amended by 2002 Ga. Laws 911, § 5, eff. 6/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 2 - TRANSPORTATION PASSENGER SAFETY ACT (§§ 16-12-121 — 16-12-129) › Section 16-12-126 - Intentionally interfering with safety or traffic control devices; penalty; exemption

(a)
Except as otherwise provided in this Code section, it shall be unlawful intentionally to disable or inhibit the operation or effectiveness of any properly functioning safety device of any description or to render any item or substance less safe when said item or substance is in any freight of a transportation company, in baggage or possessions of a passenger, or in a terminal.
(b)
Except as otherwise provided in this Code section, it shall be unlawful to intentionally render inoperable or partially inoperable for any period of time any properly functioning device designed or operated for traffic control that is owned, operated, or maintained by or for the benefit of a transportation company.
(c)
Any violation of this Code section shall be punished by imprisonment for not less than five nor more than 20 years, a fine not to exceed $100,000.00, or both.
(d)
Any violation of this Code section shall be considered a separate offense.
(e)
This Code section shall not apply to authorized agents of the entity owning or operating such safety device or device designed or operated for traffic control.
Amended by 2003 Ga. Laws 179, § 3, eff. 5/31/2003.
Added by 2002 Ga. Laws 911, § 5, eff. 6/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 2 - TRANSPORTATION PASSENGER SAFETY ACT (§§ 16-12-121 — 16-12-129) › Section 16-12-127 - Prohibition on firearms, hazardous substances, knives, or other devices; penalty; affirmative defenses

(a)
It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as such terms are defined in Code Section
16-7-80
; weapon or long gun if such person is not a lawful weapons carrier as such terms are defined in Code Section
16-11-125.1
; hazardous substance as defined by Code Section
12-8-92
; or other device designed or modified for the purpose of offense and defense, to:
(1)
Have any such item on or about his or her person; or
(2)
Place or cause to be placed or attempt to place or cause to be placed any such item:
(A)
In a container or freight of a transportation company;
(B)
In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or
(C)
Aboard such aircraft, bus, or rail vehicle.
(b)
A person violating the provisions of this Code section shall be guilty of a felony and shall, upon conviction, be sentenced to imprisonment for not less than one year nor more than 20 years, a fine not to exceed $15,000.00, or both. A prosecution under this Code section shall not be barred by the imposition of a civil penalty imposed by any governmental entity.
(c)
It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a transportation company of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a transportation company.
Amended by 2022 Ga. Laws 596,§ 13, eff. 4/12/2022.
Amended by 2010 Ga. Laws 643,§ 2-9, eff. 6/4/2010.
Amended by 2003 Ga. Laws 179, § 4, eff. 5/31/2003.
Added by 2002 Ga. Laws 911, § 5, eff. 6/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 2 - TRANSPORTATION PASSENGER SAFETY ACT (§§ 16-12-121 — 16-12-129) › Section 16-12-128 - Effect of part on other provisions of law; civil or criminal proceedings; restitution

(a)
This part shall be cumulative and supplemental to any other law of this state. A conviction or acquittal under any of the criminal provisions of Code Section
16-12-123
,
16-12-124
,
16-12-125
, or
16-12-126
shall not be a bar to any other civil or criminal proceeding.
(b)
In addition to any other penalty imposed by law for a violation of this part, the court may require the defendant to make restitution to any affected public or private entity for the reasonable costs or damages associated with the offense. Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this subsection is supplemental and not exclusive.
Renumbered from § 16-12-125 and amended by 2002 Ga. Laws 911, § 5, eff. 6/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 4 - OFFENSES AGAINST PUBLIC TRANSPORTATION (§§ 16-12-120 — 16-12-129) › Part 2 - TRANSPORTATION PASSENGER SAFETY ACT (§§ 16-12-121 — 16-12-129) › Section 16-12-129 - Defense of self or others an absolute defense to violation under this part

Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of this title, shall be an absolute defense to any violation under this part.
Amended by 2015 Ga. Laws 9,§ 16, eff. 3/13/2015.
Added by 2014 Ga. Laws 604,§ 1-12, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 5 - ABORTION (§§ 16-12-140 — 16-12-144) › Section 16-12-140 - Criminal abortion

(a)
A person commits the offense of criminal abortion when, in violation of Code Section
16-12-141
, he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion.
(b)
A person convicted of the offense of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years.
Amended by 2012 Ga. Laws 631,§; 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 5 - ABORTION (§§ 16-12-140 — 16-12-144) › Section 16-12-142 - Objections by medical facilities, physicians, or pharmacists to providing abortion-related services

(a)
Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed.
(b)
Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed. Nothing in this subsection shall be construed to authorize a pharmacist to refuse to fill a prescription for birth control medication, including any process, device, or method to prevent pregnancy and including any drug or device approved by the federal Food and Drug Administration for such purpose.
Amended by 2006 Ga. Laws 468,§ 2A, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 5 - ABORTION (§§ 16-12-140 — 16-12-144) › Section 16-12-143 - Failure to file or maintain required written reports

A person who fails to file or maintain in complete form any of the written reports required in this article within the time set forth is guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 5 - ABORTION (§§ 16-12-140 — 16-12-144) › Section 16-12-144 - Partial-birth abortions

(a)
As used in this Code section, the term:
(1)
"Fetus" means the biological offspring of human parents.
(2)
"Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before ending the life of the fetus and completing the delivery.
(b)
Any person who knowingly performs a partial-birth abortion and thereby ends the life of a human fetus shall, upon conviction thereof, be punished by a fine not to exceed $5,000.00, imprisonment for not more than five years, or both. This prohibition shall not apply to a partial-birth abortion that is necessary to save the life of the mother because her life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself, provided that no other medical procedure will suffice to save the mother's life.
(c)
(1)
The father of the fetus, and the maternal grandparents of the fetus if the mother has not attained the age of 18 years of age at the time of the abortion, may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
(2)
Such relief shall include:
(A)
Money damages for all injuries, psychological and physical, occasioned by the violation of this Code section; and
(B)
Statutory damages equal to three times the cost of the partial-birth abortion.
(d)
A woman upon whom a partial-birth abortion is performed may not be prosecuted under this Code section for violating this Code section or any provision thereof, or for conspiracy or for an attempt to violate this Code section or any provision thereof.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 6 - HUMAN BODY TRAFFIC (§§ 16-12-160 — 16-12-161) › Section 16-12-160 - Buying or selling or offering to buy or sell the human body or parts

(a)
It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or buy or sell a human fetus or any part thereof.
(b)
The prohibition contained in subsection (a) of this Code section shall not apply to:
(1)
The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair;
(2)
A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44 or to the payment of a fee in connection with such gift or donation pursuant to subsection (b) of Code Section
44-5-154
if such fee is paid to a procurement organization, as that term is defined in Code Section
44-5-141
;
(3)
The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the person's body;
(4)
The payment of financial assistance under a plan of insurance or other healthcare coverage;
(5)
The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or
(6)
The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes.
(c)
Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both.
Amended by 2024 Ga. Laws 701,§ 3, eff. 7/1/2024.
Added by 2008 Ga. Laws 545,§ 2, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 6 - HUMAN BODY TRAFFIC (§§ 16-12-160 — 16-12-161) › Section 16-12-161 - Removal of body parts from scene of death or dismemberment; criminal penalty

(a)
It shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part; provided, however, that this Code section shall not apply to a law enforcement officer acting in the lawful discharge of his or her official duties, or to any person acting under the direction of a law enforcement officer, a physician or an emergency medical technician in the course of their professions, or in the absence of any such person to any person who transports such body part directly to a medical facility, law enforcement agency, or licensed funeral home, although all such persons remain obligated to comply with the provisions of Article 2 of Chapter 16 of Title 45 concerning death investigations.
(b)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 7 - SALE OR DISTRIBUTION TO, OR POSSESSION BY, MINORS OF CIGARETTES, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR PRODUCTS (§§ 16-12-170 — 16-12-176) › Section 16-12-172 - Posting signs in place of business

(a)
Any person owning or operating a place of business in which cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
"SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."
Such sign shall be printed in letters of at least one-half inch in height.
(b)
Any person that fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor.
Amended by 2020 Ga. Laws 483,§ 1, eff. 7/22/2020.
Amended by 2014 Ga. Laws 491,§ 3, eff. 7/1/2014.