reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-42 - Definitions

As used in this part, the term:
(1)
"Litter" means any discarded or abandoned:
(A)
Refuse, rubbish, junk, or other waste material; or
(B)
Dead animals that are not subject to the provisions of Code Section
4-5-4
.
(2)
"Public or private property" means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; residential or farm properties, timberlands, or forests; or any commercial or industrial property.
Amended by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-44 - Prima-facie evidence; rebuttable presumption

(a)
Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section
16-7-43
, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this part.
(b)
Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section
16-7-43
is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.
Amended by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-45 - Enforcement of this part

All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part.
Amended by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-46 - Receptacles to be provided; notice to public

All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability of litter receptacles and requirements of this part.
Amended by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-47 - Designation of containers for household garbage; misuse or vandalization of container

(a)
As used in this Code section, the term "household garbage" means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials.
(b)
The governing authority of each county, municipality, or consolidated government of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked "household garbage only," it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage.
(c)
It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county, municipality, or consolidated government for the dumping of trash or garbage.
(d)
Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor.
Amended by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 2 - LITTERING PUBLIC AND PRIVATE PROPERTY (§§ 16-7-40 — 16-7-48) › Section 16-7-48 - Local ordinances regulating and controlling litter

(a)
Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter.
(b)
Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.
Amended by 2006 Ga. Laws 538,§ 2-1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3 - WASTE CONTROL (§§ 16-7-50 — 16-7-56) › Section 16-7-50 - [Repealed] Short title

Repealed by 2006 Ga. Laws 538,§ 2-2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3 - WASTE CONTROL (§§ 16-7-50 — 16-7-56) › Section 16-7-51 - Definitions

As used in this part, the term:
(1)
"Biomedical waste" means that term as defined in paragraph (1.1) of Code Section
12-8-22
.
(2)
"Commercial purpose" means for the purpose of economic gain.
(3)
"Dump" means to throw, discard, place, deposit, discharge, burn, or dispose of a substance.
(4)
"Egregious litter" means all litter, as such term is defined in paragraph (1) of Code Section
16-7-42
, exceeding ten pounds in weight or 15 cubic feet in volume; any discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance; or any substance or material dumped for commercial purposes.
(5)
"Hazardous substance" means that term as defined in paragraph (4) of Code Section
12-8-92
.
(6)
"Hazardous waste" means that term as defined in paragraph (10) of Code Section
12-8-62
.
Amended by 2006 Ga. Laws 538,§ 2-2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3 - WASTE CONTROL (§§ 16-7-50 — 16-7-56) › Section 16-7-52 - Unlawful dumping

It shall be unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit:
(1)
In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;
(2)
In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or
(3)
In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation.
Amended by 2006 Ga. Laws 538,§ 2-2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3 - WASTE CONTROL (§§ 16-7-50 — 16-7-56) › Section 16-7-53.1 - Vehicle impoundment for intentionally dumping egregious litter

(a)
Whenever a person has been arrested for a violation of Code Section
16-7-52
committed while driving, moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the person was driving, moving, or operating at the time of arrest until such time as the arrestee claiming the vehicle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee meets the conditions for release in subsection (c) of this Code section.
(b)
A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the vehicle:
(1)
Presents a valid driver's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle; and
(2)
Is able to operate the vehicle in a safe manner and would not be in violation of Title 40.
(c)
A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee only if:
(1)
The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or
(2)
The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b) of this Code section are met.
(d)
A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid.
Amended by 2006 Ga. Laws 538,§ 2-2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3 - WASTE CONTROL (§§ 16-7-50 — 16-7-56) › Section 16-7-54 - Evidence of identity of violator

Whenever any egregious litter which is dumped in violation of Code Section
16-7-52
is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part.
Amended by 2006 Ga. Laws 538,§ 2-2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3 - WASTE CONTROL (§§ 16-7-50 — 16-7-56) › Section 16-7-55 - Enforcement of other laws, rules, or regulations not limited

(a)
Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to egregious litter or the management of solid, biomedical, or hazardous waste.
(b)
Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling egregious litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances.
Amended by 2006 Ga. Laws 538,§ 2-2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3 - WASTE CONTROL (§§ 16-7-50 — 16-7-56) › Section 16-7-56 - Title 12 provisions not affected

Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12.
Amended by 2006 Ga. Laws 538,§ 2-2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 2 - CRIMINAL TRESPASS AND DAMAGE TO PROPERTY (§§ 16-7-20 — 16-7-58) › Part 3A - PLACEMENT OF POSTERS, SIGNS OR ADVERTISMENTS (§ 16-7-58) › Section 16-7-58 - Prohibited placements of posters, signs, and advertisements

(a)
It shall be unlawful for any person to place posters, signs, or advertisements:
(1)
On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section
32-6-51
;
(2)
On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; and, provided, further that no municipal, county, or consolidated government may restrict by regulation or other means the length of time a political campaign sign may be displayed or the number of signs which may be displayed on private property for which permission has been granted; or
(3)
On any property zoned for commercial or industrial uses if the placement of such posters, signs, or advertisements conflicts with any zoning laws or ordinances.
(b)
Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same.
(c)
Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense.
(d)
Any person who violates this Code section shall be punished the same as for littering under Code Section
16-7-43
.
Amended by 2006 Ga. Laws 727,§ 1, eff. 5/3/2006.
Renumbered from § 21-2-3 and amended by 2006 Ga. Laws 538,§ 2-3, eff. 7/1/2006.
Renumbered from § 21-1-1 by 2001SP Ga. Laws 2EX11, § 4, eff. 10/1/2001.
Renumbered as § 21-2-3 by 2001SP Ga. Laws 2EX11, § 4, eff. 10/1/2001.
Former § 21-2-3 renumbered as § 21-1-1 by 2001SP Ga. Laws 2EX11, § 4, eff. 10/1/2001.
See 2006 Ga. Laws 727, § 7.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 3 - ARSON AND EXPLOSIVES (§§ 16-7-60 — 16-7-64) › Section 16-7-60 - Arson in the first degree

(a)
A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1)
Any dwelling house of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant;
(2)
Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant;
(3)
Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured;
(4)
Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or
(5)
Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered.
(b)
A person also commits the offense of arson in the first degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section.
(c)
A person convicted of the offense of arson in the first degree shall be punished by a fine of not more than $50,000.00 or by imprisonment for not less than one nor more than 20 years, or both.
Amended by 2004 Ga. Laws 576, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 3 - ARSON AND EXPLOSIVES (§§ 16-7-60 — 16-7-64) › Section 16-7-60.1 - [Arson of law enforcement vehicle]

(a)
A person commits the offense of arson of a law enforcement vehicle when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage a law enforcement vehicle.
(b)
A person convicted of the offense of arson of a law enforcement vehicle shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than five years nor more than 20 years, or both.
Added by 2024 Ga. Laws 547,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 3 - ARSON AND EXPLOSIVES (§§ 16-7-60 — 16-7-64) › Section 16-7-61 - Arson in the second degree

(a)
A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section
16-7-60
when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.
(b)
A person also commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section
16-7-60
when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.
(c)
A person convicted of the offense of arson in the second degree shall be punished by a fine of not more than $25,000.00 or by imprisonment for not less than one nor more than ten years, or both.
Amended by 2004 Ga. Laws 576, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 3 - ARSON AND EXPLOSIVES (§§ 16-7-60 — 16-7-64) › Section 16-7-62 - Arson in the third degree

(a)
A person commits the offense of arson in the third degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1)
Any personal property of another without his or her consent or in which another has a security interest, including but not limited to a lien, without the consent of both and the value of the property is $25.00 or more;
(2)
Any personal property when such is insured against loss or damage by fire or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more; or
(3)
Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or more.
(b)
A person also commits the offense of arson in the third degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section.
(c)
A person convicted of the offense of arson in the third degree shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than five years, or both.
Amended by 2004 Ga. Laws 576, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 3 - ARSON AND EXPLOSIVES (§§ 16-7-60 — 16-7-64) › Section 16-7-63 - Burning of woodlands, brush, fields, or other lands; arson of lands; destruction of or damage to material or device used in detection or suppression of wildfires; penalties for violations

(a)
It shall be unlawful:
(1)
To, with intent to damage, start, cause, or procure another to start or cause a fire in any woodlands, brush, field, or other lands that are not one's own and without the permission of the owner or the lessee having control of such property;
(2)
To burn any brush, field, forest land, campfire, or debris, whether on one's own land or the lands of another, without taking the necessary precautions before, during, and after the fire to prevent the escape of such fire onto the lands of another. The escape of such fire shall be prima-facie evidence that necessary precautions were not taken;
(3)
For any person to cause a fire by discarding any lighted cigarette, cigar, debris, or any other flaming or smoldering material that may cause a forest fire; or
(4)
To destroy or damage any material or device used in the detection or suppression of wildfires.
(b)
This Code section shall not apply to fire resulting from the operation of transportation machinery or equipment used in its normal or accustomed manner.
(c)
(1)
Any person who violates paragraph (2), (3), or (4) of subsection (a) of this Code section shall be guilty of a misdemeanor.
(2)
Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of arson of lands in the third degree and shall be punished the same as provided by subsection (c) of Code Section
16-7-62
for arson in the third degree.
(3)
Any person whose violation of paragraph (1) of subsection (a) of this Code section results in a fire that burns more than five acres that are not one's own shall be guilty of arson of lands in the second degree and shall be punished the same as provided by subsection (c) of Code Section
16-7-61
for arson in the second degree.
(4)
Any person who violates paragraph (1) of subsection (a) of this Code section under such circumstances that it was reasonably foreseeable that human life might be endangered shall be guilty of arson of lands in the first degree and shall be punished the same as provided by subsection (c) of Code Section
16-7-60
for arson in the first degree.
Renumbered and Amended by 2008 Ga. Laws 530,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-82 - Manufacturing, transporting, distributing, possessing with intent to distribute, and offering to distribute an explosive device

(a)
It shall be unlawful for any person to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device except as provided in this article.
(b)
Any person convicted of a violation of this Code section shall be punished by imprisonment for not less than three nor more than 20 years or, by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $25,000.00 nor more than $100,000.00 or not fewer than 5,000 nor more than 10,000 hours of community service or both.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-84 - Distribution of certain materials to persons under 21 years of age

(a)
It shall be unlawful for any person to distribute or to offer to distribute a destructive device, explosive, poison gas, or detonator to any person who is under 21 years of age.
(b)
Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than three years or by a fine of not more than $10,000.00 or both or, if the defendant is a corporation, by a fine of not more than $20,000.00 or not fewer than 3,000 hours of community service or both.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-85 - Hoax devices

(a)
It shall be unlawful for any person to manufacture, possess, transport, distribute, or use a hoax device or replica of a destructive device or detonator with the intent to cause another to believe that such hoax device or replica is a destructive device or detonator.
(b)
Any person convicted of a violation of this Code section shall be punished by imprisonment for not more than one year or by a fine of not more than $10,000.00 or both or, if the defendant is a corporation, a fine of not less than $1,000.00 or not fewer than 500 hours of community service or both for each such hoax device or replica; provided, however, that if such person communicates or transmits to another that such hoax device or replica is a destructive device or detonator with the intent to obtain the property of another person or to interfere with the ability of another person to conduct or carry on the ordinary course of business, trade, education, or government, such violation shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, a fine of not less than $50,000.00 or not fewer than 1,000 nor more than 10,000 hours of community service or both for each such hoax device or replica.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-86 - Attempt or conspiracy

It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service; by a fine; or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-87 - Interference with officers

It shall be unlawful for any person knowingly to hinder or obstruct any explosive ordnance technician, law enforcement officer, fire official, emergency management official, animal trained to detect destructive devices, or any robot or mechanical device designed or utilized by a law enforcement officer, fire official, or emergency management official of this state or of the United States in the detection, disarming, or destruction of a destructive device. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section
16-10-24
.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-88 - Possessing, transporting, or receiving explosives, destructive devices, bacteriological weapon, or biological weapon with intent to kill, injure, or intimidate individuals or destroy public buildings; sentencing; enhanced penalties

(a)
Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device, explosive, bacteriological weapon, or biological weapon with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or to destroy any public building shall be punished by imprisonment for not less than ten nor more than 20 years or by a fine of not more than $125,000.00 or both or, if the defendant is a corporation, by a fine of not less than $125,000.00 nor more than $200,000.00 or sentenced to perform not fewer than 10,000 nor more than 20,000 hours of community service or both.
(b)
In addition to any other penalty imposed under the laws of this state or of the United States, any person who shall use or attempt to use any destructive device or explosive to kill or injure any individual, including any public safety officer performing duties as a direct or proximate result of a violation of this subsection, or to destroy any public building shall be imprisoned for not less than 20 nor more than 40 years or fined the greater of the cost of replacing any property that is destroyed or $250,000.00 or both or, if the defendant is a corporation, fined the greater of the cost of replacing any property which is destroyed or $1 million or sentenced to perform not fewer than 20,000 nor more than 40,000 hours of community service or both.
(c)
Any other provision of law to the contrary notwithstanding, no part of any sentence imposed pursuant to subsection (a) or (b) of this Code section shall be probated, deferred, suspended, or withheld and no person sentenced pursuant to subsection (a) or (b) of this Code section shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by any agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating such sentence until the defendant has completed the minimum sentence as provided by subsection (a) or (b) of this Code section.
Amended by 2017 Ga. Laws 208,§ 3-2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-89 - Separate offenses

Each violation of the provisions of this article shall be considered a separate offense.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-90 - Records and reports

It shall be the duty of any person authorized by paragraph (1) or (2) of Code Section
16-7-93
to manufacture, possess, transport, distribute, or use a destructive device, detonator, explosive, or hoax device within the state:
(1)
To maintain such records as may be required pursuant to Title 25. Such records may be inspected by the Commissioner or the director or such officers' designees or any law enforcement officer or fire official during normal business hours; and
(2)
To report promptly the loss or theft of any destructive device, detonator, explosive, or hoax device to the Georgia Bureau of Investigation.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-91 - Searches and inspections

The Commissioner or director or such officers' designees or any law enforcement officer or fire official may obtain an inspection warrant as provided in Code Section
25-2-22.1
to conduct a search or inspection of:
(1)
Any person licensed pursuant to Title 25 to manufacture, possess, transport, sell, distribute, or use a destructive device or detonator within the state;
(2)
Any person licensed pursuant to Chapter 7 of Title 2 to manufacture, possess, transport, sell, or distribute or use pesticides; or
(3)
Any property where such pesticide, destructive device, or detonator is manufactured, possessed, transported, distributed, or used.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-92 - Compelling attendance of witnesses and production of evidence

In any case where there is reason to believe that a destructive device, detonator, explosive, or hoax device has been manufactured, possessed, transported, distributed, or used in violation of this article or Title 25 or that there has been an attempt or a conspiracy to commit such a violation, the Attorney General, any district attorney, the director, or such persons as may be designated in writing by such officials shall have the same power to compel the attendance of witnesses and the production of evidence before such official in the same manner as the state fire marshal as provided in Code Sections
25-2-27
,
25-2-28
, and
25-2-29
.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-93 - Exceptions to applicability of provisions

The provisions of Code Sections
16-7-82
,
16-7-84
,
16-7-85
, and
16-7-86
shall not apply to:
(1)
Any person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or pursuant to Title 25 when such person is acting in accordance with such laws and any regulations issued pursuant thereto;
(2)
Any person licensed as a blaster by the Commissioner pursuant to Chapter 8 of Title 25, when such blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any ordinances and regulations of the political subdivision or authority of the state where blasting operations are being performed;
(3)
Fireworks, as defined by Code Section
25-10-1
and any person authorized by the laws of this state and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks;
(4)
A law enforcement, fire service, or emergency management agency of this state, any agency or authority of a political subdivision of this state, or the United States and any employee or authorized agent thereof while in performance of official duties and any law enforcement officer, fire official, or emergency management official of the United States or any other state while attending training in this state;
(5)
The armed forces of the United States or of this state;
(6)
Research or educational programs conducted by or on behalf of a college, university, or secondary school which have been authorized by the chief executive officer of such educational institution or his or her designee and which is conducted in accordance with the laws of the United States and of this state;
(7)
The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopoeia or the National Formulary;
(8)
Small arms ammunition and reloading components thereof;
(9)
Commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices; or
(10)
An explosive which is lawfully possessed in accordance with the rules adopted pursuant to Code Section
16-7-94
.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-94 - Agricultural activities

After consultation with the Commissioner of Agriculture or his or her designee, the Board of Public Safety may except by rule any explosive or quantity of explosive for use in legitimate agricultural activities. A copy of any such rule shall be furnished to the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-95 - Civil forfeiture for violations of article; special provisions for destructive material

(a)
As used in this Code section, the terms "proceeds" and "property" shall have the same meanings as set forth in Code Section
9-16-2
.
(b)
Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds are declared to be contraband and no person shall have a property right in them.
(c)
Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
(d)
On application of the seizing law enforcement agency, the superior court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this state or of the United States which can safely store or render harmless any destructive device, explosive, poison gas, or detonator which is subject to forfeiture pursuant to this Code section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store such destructive device, explosive, poison gas, or detonator. Such application may be made at any time after seizure. Any destruction authorized pursuant to this subsection shall be made in the presence of at least one credible witness or shall be recorded on film, videotape, or other electronic imaging method. Any such film, videotape, or other electronic imaging method shall be admissible as evidence in lieu of such destructive device, explosive, poison gas, or detonator. The court may also direct the seizing agency or an agency to which such destructive device, explosive, poison gas, or detonator is transferred to make a report of the destruction, take samples, or both.
(e)
The provisions of subsection (d) of this Code section shall not prohibit an explosive ordnance technician, other law enforcement officer, or fire service personnel from taking action which will render safe an explosive, destructive device, poison gas, or detonator or any object which is suspected of being an explosive, destructive device, poison gas, or detonator without the prior approval of a court when such action is intended to protect lives or property.
Amended by 2015 Ga. Laws 98,§ 2-5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-96 - Admissible evidence

(a)
Photographs, videotapes, or other identification or analysis of a destructive device, explosive, poison gas, or detonator duly identified by an explosive ordnance disposal technician or a person qualified as a forensic expert in the area of destructive devices shall be admissible in any civil or criminal trial in lieu of the destructive device or detonator.
(b)
If a destructive device, explosive, poison gas, or detonator which has been rendered safe is introduced into evidence in any criminal or civil action, it shall be the duty of the clerk of court immediately to photograph the same and to transfer custody of the destructive device or detonator to the director or his or her designee or an explosive ordnance disposal technician.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY (§§ 16-7-1 — 16-7-97) › Article 4 - BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS (§§ 16-7-80 — 16-7-97) › Section 16-7-97 - Fertilizers and pesticides

The provisions of this article shall not apply to:
(1)
Fertilizers, propellant actuated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes; or
(2)
A pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-1 - Definitions

As used in this article, the term:
(1)
"Deprive" means, without justification:
(A)
To withhold property of another permanently or temporarily; or
(B)
To dispose of the property so as to make it unlikely that the owner will recover it.
(2)
"Financial institution" means a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
(3)
"Property of another" includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or to them jointly.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-2 - Theft by taking

A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-3 - Theft by deception

(a)
A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
(b)
A person deceives if he intentionally:
(1)
Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;
(2)
Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;
(3)
Prevents another from acquiring information pertinent to the disposition of the property involved;
(4)
Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or
(5)
Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.
(c)
"Deceitful means" and "artful practice" do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-5 - Theft of services

A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-5.1 - Circumstances permitting inference of intent to avoid payment; exceptions

The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section
16-8-2
, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly:
(1)
Used false identification;
(2)
Provided false information on a written contract;
(3)
Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee;
(4)
Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner;
(5)
Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or
(6)
Returned any property at a time beyond posted business hours of the owner.
No person shall be convicted under Code Section
16-8-2
, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.
Amended by 2006 Ga. Laws 453,§ 16, eff. 4/14/2006.
Added by 2005 Ga. Laws 318,§ 1, eff. 7/1/2005.