Title 16

(a) Every person and every board, commission, council, department, or other agency of the state or any political subdivision thereof which appoints, employs, or supervises in any manner the appointment or employment of public officials or employees shall establish, by rules, regu…

(a) Every written statement made pursuant to this part by an applicant for appointment or employment or by any employee shall be deemed to have been made under oath if it contains a declaration preceding the signature of the maker to the effect that it is made under the penalties…

No person giving any information, whether by answering a questionnaire or otherwise, as provided in Code Section 16-11-13 shall be required to give any information or answer any questions relative to the membership in any organization of any relative of such person. (Ga. L. 1956,…

Any questionnaires or statements prepared as provided in Code Section 16-11-13 shall be filed at the place of employment rather than with a central state agency. (Ga. L. 1956, p. 67, § 2.) ARTICLE 2 OFFENSES AGAINST PUBLIC ORDER

(a) A person commits the offense of insurrection when he combines with others to overthrow or attempt to overthrow the representative and constitutional form of government of the state or any political subdivision thereof when the same is manifested by acts of violence. (b) A per…

(a) A person commits the offense of inciting to insurrection when he incites others to overthrow or attempt to overthrow the representative and constitutional form of government of the state or any political subdivision thereof and he or they commit any violent act in furtherance…

(a) As used in this Code section, the term: (1) ‘‘Organization’’ means any corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associat…

This part may be cited as the ‘‘Sedition and Subversive Activities Act of 1953.’’ (Ga. L. 1953, Jan.-Feb. Sess., p. 216, § 12; Ga. L. 1953, Nov.-Dec. Sess., p. 73, § 1.)

As used in this part, the term: (1) ‘‘Foreign government’’ means the government of any country, nation, or group of nations other than the government of the United States of America or of one of the states thereof. (2) ‘‘Foreign subversive organizations’’ means any organization d…

The Governor, with the concurrence of the Attorney General, is authorized and directed to appoint a special assistant attorney general for investigating and prosecuting subversive activities, whose responsibility it shall be, under the supervision of the Attorney General, to asse…

For the collection of any evidence and information referred to in this part, the Governor and the Attorney General are authorized and directed to call upon all prosecuting attorneys, the commissioner of public safety, sheriffs, and county and municipal police authorities to furni…

(a) Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumultuous manner commit the offense of riot. (b) Any persons who violate subsection (a) of this Code section are guilty of a misdemeanor. (Laws 1833, Cobb’s 1851 Digest, p. 811…

(a) A person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, commits the offense of inciting to riot. (b) Any person who vio…

(a) An affray is the fighting by two or more persons in some public place to the disturbance of the public tranquility. (b) A person who commits the offense of affray is guilty of a misdemeanor. (Laws 1833, Cobb’s 1851 Digest, p. 811; Code 1863, § 4401; Ga. L. 1865-66, p. 233, § …

A person who knowingly participates in either of the following acts or occurrences is guilty of a misdemeanor: (1) The assembly of two or more persons for the purpose of committing an unlawful act and the failure to withdraw from the assembly on being lawfully commanded to do so …

(a) A person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering, or procession is guilty of a misdemeanor. (b) This Code section shall not be construed to affect the powers delegated to counties or to mun…

(a) It shall be unlawful for any person recklessly or knowingly to commit any act which may reasonably be expected to prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, c…

(a) The General Assembly declares that the interest of persons in planning, participating in, and attending a funeral or memorial service for a deceased relative or loved one without unwanted impediment, disruption, disturbance, or interference is a substantial interest and the G…

(a) As used in this Code section, the term: (1) ‘‘Chief administrative officer,’’ in the case of a public school, means the principal of the school or an officer designated by the superintendent or board of education having jurisdiction of the school to be the officer in charge o…

(a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vic…

(a) As used in this Code section, the term ‘‘hazardous substance’’ shall have the same meaning as set forth in Code Section 12-8-92. (b)(1) A person commits the offense of a terroristic threat when he or she threatens to: (A) Commit any crime of violence; (B) Release any hazardou…

It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroris…

(a) A person is guilty of a misdemeanor when he wears a mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer and is upon any public way or public property or upon the private property of another withou…

(a) A person commits the offense of disorderly conduct when such person commits any of the following: (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person’s life, limb, or health; (2) Acts i…

(a) A person commits the offense of harassing communications if such person: (1) Contacts another person repeatedly via telecommunication, e-mail, text messaging, or any other form of electronic communication for the purpose of harassing, molesting, threatening, or intimidating s…

(a) As used in this Code section, the term: (1) ‘‘Call’’ shall have the same meaning as set forth in paragraph (2.1) of Code Section 46-5-122. (2) ‘‘False report’’ means the fabrication of an incident or crime or of material information relating to an incident or crime which the …

It shall be unlawful to use an emergency exit door after having violated Code Section 16-8-14. Any person convicted of violating this Code section shall be guilty of and punished as for a misdemeanor. (Code 1981, § 16-11-40, enacted by Ga. L. 2018, p. 342, § 1/HB 890.) Effective …

(a) As used in this Code section, the term: (1) ‘‘Minor’’ means an individual who is under the age of 18 years. (2) ‘‘Nudity’’ shall have the same meaning as set forth in Code Section 16-11-90. (3) ‘‘Obscene depiction’’ means a visual depiction of an individual displaying nudity …

(a) A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or…

(a) A person is guilty of a misdemeanor when he fails to relinquish a telephone party line consisting of subscriber line telephone circuit with two or more main telephone stations connected therewith, each having a distinctive ring or telephone number, after he has been requested…

State, 198 Ga. App. 481, 402 S.E.2d 92 (1991). No merger with obstructing law enforcement officer conviction. — It was not error to refuse to merge the defendant’s convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. §§ 16-10-24 and…

A person who keeps and maintains, either by himself or others, a common, ill-governed, and disorderly house, to the encouragement of gaming, drinking, or other misbehavior, or to the common disturbance of the neighborhood or orderly citizens, is guilty of a misdemeanor. (Laws 183…

(a) As used in this Code section, the term: (1) ‘‘Laser’’ means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser. (2) ‘‘Laser pointer’’ mean…

As used within this part, the term: (1) ‘‘Device’’ means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation ele…

(a) It shall be unlawful for any person to be a ‘‘peeping Tom’’ on or about the premises of another or to go about or upon the premises of another for the purpose of becoming a ‘‘peeping Tom.’’ (b) As used in this Code section, the term ‘‘peeping Tom’’ means a person who peeps th…

It shall be unlawful for: (1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place; (2) Any person, through the use of any devic…

(a) Other than law enforcement officers permitted by this part to employ such devices, it shall be unlawful for any person to possess, sell, offer for sale, or distribute any eavesdropping device. (b) An ‘‘eavesdropping device’’ shall mean any instrument or apparatus which by vir…

(a) Application of part to law enforcement officers. Except only as provided in subsection (b) of this Code section, nothing in this part shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or suspected of…

Any district attorney having jurisdiction over the prosecution of the crime under investigation or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and tra…

Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that: (1) An emergency situation exists that involves: (A) Immediate danger of death or serious bodily injur…

(a) Notwithstanding any other provision of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over the emergency situation described herein or where the observation, monitoring, or recording of the activities of an…

(a) Nothing contained within Code Section 16-11-62 shall prohibit the employment and use of any equipment or device which is owned by any person or is furnished by any telephone company authorized to do business in this state under proper tariffs filed with and approved by the Ge…

(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (b) After obtaining …

(a) A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining thereto, to the extent and under the procedures and conditions provided for by the la…

Except as otherwise provided in subsection (d) of Code Section 16-11-66.1, any person violating any of the provisions 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 a fine …

(a) As used in this Code section, the term: (1) ‘‘End user’’ means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not …