Avoiding or interfering with security 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. History. Code 1981, § 16-12-125, enacted by Ga. L. 2002, p. 1094, § 5; Ga. L. 2003, p. 423, § 2. Editor’s notes. Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Transportation Security Act of 2002.’” Ga. L. 2002, p. 1094, § 5, effective June 1, 2002, redesignated former Code Section 16-12-125, concerning the effect of the part and civil or criminal proceedings, as present Code Section 16-12-128. 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. 144 16-12-126 OFFENSES/HEALTH & MORALS 16-12-127 (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. History. Code 1981, § 16-12-126, enacted by Ga. L. 2002, p. 1094, § 5; Ga. L. 2003, p. 423, § 3. Editor’s notes. Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Transportation Security Act of 2002.’” 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 145 16-12-128 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. History. Code 1981, § 16-12-127, enacted by Ga. L. 2002, p. 1094, § 5; Ga. L. 2003, p. 423, § 4; Ga. L. 2010, p. 963, § 2-9/SB 308; Ga. L. 2022, p. 74, § 13/SB 319. Amendments. The 2022 amendment, effective April 12, 2022, inserted “such terms are”, substituted “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” for “firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law”, and deleted “or knife” preceding “or other device” in subsection (a), and substituted a semicolon for a comma in paragraph (a)(1). Editor’s notes. Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Transportation Security Act of 2002.’” Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution. Ga. L. 2022, p. 74, § 1/SB 319, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Chairman John Meadows Act.’” Ga. L. 2022, p. 74, § 2/SB 319, not codified by the General Assembly, provides: “The General Assembly finds and determines that: “(1) The Second Amendment to the United States Constitution recognizes the right of the people to keep and bear arms and that such right shall not be infringed; and “(2) The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided that the right of the people to keep and bear arms shall not be infringed but that the General Assembly shall have power to prescribe the manner in which arms may be borne.”