Title 16 — Crimes and Offenses
0 chapters · 658 sections in this title.
O.C.G.A. § 16-12-1 Deprived children
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Contributing to delinquency or dependency of a minor. Punishment, §16-12-1. Probation. Firearms. Carrying weapons and firearms. Exemption from provisions, §16-11-130. Intimidation or injury to court officer, §16-10-97. Obstructing or hindering officers, §16-10-24. Terroristic thre…
O.C.G.A. § 16-12-1.1 Opiate
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Controlled substances, §16-13-21. Opium poppy. Controlled substances, §16-13-21. Organization. Advocating overthrow of government, §16-11-4. Sedition and subversive activities, §16-11-6. Organized militia.
O.C.G.A. § 16-12-100 Aman v
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State, 261 Ga. 669, 409 S.E.2d 645, 1991 Ga. LEXIS 831 (1991). Terms genitals and pubic area in O.C.G.A. § 16-12-100(a)(4)(D), as to exploitation of children, do not include buttocks or breasts. Weyer v. State, 333 Ga. App. 706, 776 S.E.2d 304, 2015 Ga. App. LEXIS 504 (2015). “Vi…
O.C.G.A. § 16-12-100.1 Electronically furnishing obscene material to minors
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(a) As used in this Code section, the term: (1) “Bulletin board system” means a computer data and file service that is accessed wirelessly or by physical connection to store and transmit information. (2) “CD-ROM” means a compact disc with read only memory which has the capacity to…
O.C.G.A. § 16-12-100.2 Computer or electronic pornography and child exploitation prevention
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(a) This Code section shall be known and may be cited as the “Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007.” (b) As used in this Code section, the term: (1) “Child” means any person under the age of 16 years. (2) “Electronic device” means any d…
O.C.G.A. § 16-12-100.3 Obscene telephone contact; conviction; penalties
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(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 exp…
O.C.G.A. § 16-12-100.4 CENTRUROIDES SCORPION
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Dangerous drugs. Substances included in definition, §16-13-71. CERTIFICATE OF SATISFACTORY COMPLETION. Hunter education course, §16-11-108. CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS. Racketeer influenced and corrupt organizations. Civil remedies, §16-14-6. CERTIFICATES OF …
O.C.G.A. § 16-12-100.5 Grooming of a minor for a sexual offense or trafficking for sexual servitude
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(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 condu…
O.C.G.A. § 16-12-101 Legislative purpose
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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 ma…
O.C.G.A. § 16-12-102 Definitions
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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, o…
O.C.G.A. § 16-12-103 Video movie
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Offense of failure to display official rating, §16-8-61. Visual bodily harm. Battery, §16-5-23.1. Visual depiction. Computer pornography and child exploitation, §16-12-100.2. Visual medium. Child sexual exploitation, §16-12-100. Vital public service. Criminal damage to property i…
O.C.G.A. § 16-12-104 Library exception
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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. History. Code 1981, § 16-12-104, enacted by Ga. L. 1984, p. 1495,…
O.C.G.A. § 16-12-105 Penalty
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(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…
O.C.G.A. § 16-12-120 Statutory rape, §16-6-3
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Suicide. Assisted suicide, §16-5-5. Surveillance violations, §16-11-69. Terroristic threats or acts, §16-11-37. Antiterroristic training. Prohibited training, §16-11-151. Theft. Conversion of payments for realty improvements, §16-8-15. Entering motor vehicle with intent to commit…
O.C.G.A. § 16-12-120.1 Fighting in public place, §16-11-32
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Fighting words, §16-11-39. Film piracy, §16-8-62. Film previews. Display of restricted previews to general audiences, §16-12-85. Firefighters. Obstructing or hindering, §16-10-24.1. Fireworks, obstructing first responder with, §16-10-35. Fires. Official request at fire. Refusal to o…
O.C.G.A. § 16-12-121 Short title
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This part shall be known and may be cited as the “Transportation Passenger Safety Act.” History. Ga. L. 1978, p. 2238, § 1; Ga. L. 1988, p. 415, § 2; Ga. L. 2002, p. 1094, § 5. Editor’s notes. Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides: “This Act sha…
O.C.G.A. § 16-12-122 Definitions
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As used in this part, the term: (1) “Aircraft” means any machine, whether heavier or lighter than air, used or designed for navigation of or flight in the air. (2) “Avoid a security measure” means to take any action that is intended to result in any person, baggage, container, or …
O.C.G.A. § 16-12-123 False identification documents
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Manufacturing, selling, etc., §16-9-4. Family violence battery. Second or subsequent conviction, §16-5-23.1. Filing false documents, §16-10-20.1. Film piracy, §16-8-62. Financial transaction cards. Illegal use, §16-9-38. Fines imposed in sentencing. Anatomical gifts. Trafficking …
O.C.G.A. § 16-12-124 Bail jumping, §16-10-51
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Battery, §16-5-23.1. Aggravated battery, §16-5-24. Sexual battery, §16-6-22.2. Upon student or teacher in school safety zone, §16-5-24. Bestiality, §16-6-6. Bigamy, §16-6-20. Marrying a bigamist, §16-6-21. Bingo laws. Violations, §16-12-62. Bomb scares. Unlawful request for emerg…
O.C.G.A. § 16-12-125 Avoiding or interfering with security measures; penalty; exemption
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(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…
O.C.G.A. § 16-12-127 Training prohibited, §16-11-151
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INCEST, §16-6-22. Abortion. Incest as cause of pregnancy. Permissible abortions, §16-12-141. INCITING TO RIOT, §16-11-31. Fighting words, §16-11-39. Insurrections, §16-11-3. INCLUDED OFFENSES, §16-1-7. INCOME TAXES. Business enterprise tax credits. Existing manufacturing faciliti…
O.C.G.A. § 16-12-128 Spam email
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Civil actions, §16-9-105. No cause of action against service providers, §16-9-107. Street gangs. Seizure and forfeiture of property. Civil action barred by criminal conviction, §16-15-8. Telephone records brokers. Purchase, sale, release of records of Georgia residents, §16-11-70…
O.C.G.A. § 16-12-129 Rape
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Victim wife of defendant not defense to charge, §16-6-1. Self-defense, §16-3-21. Carrying concealed weapons. Absolute defense to violation of part, §16-11-138. Immunity from prosecution, §16-3-24.2. DEFENSES —Cont’d Self-defense —Cont’d Machine guns, sawed-off shotguns, sawed-off…
O.C.G.A. § 16-12-140 Criminal abortion
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(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 prod…
O.C.G.A. § 16-12-141 Sustained life
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Medical aid if child capable of sustained life, §16-12-141. 797 INDEX ABUSIVE LANGUAGE. Assault and battery. Simple assault or simple battery. Justification, §16-5-25. ACCEPTING BRIBE. Influencing outcome of athletic contest, sporting event or exhibition, §16-12-34. ACCESS TO MEDIC…
O.C.G.A. § 16-12-141.1 First trimester
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Circumstances for abortion after first trimester, §16-12-141. ABORTION —Cont’d Heartbeat of fetus, determination of presence. Detectable human heartbeat. Defined, §16-12-141. Hospital or health facility records. Availability to district attorneys, §16-12-141. Hospitals, medical fac…
O.C.G.A. § 16-12-142 Drug overdoses
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Naloxone. Permissible uses, §16-13-71. Drugs for terminating pregnancy. Objections to filling prescriptions, §16-12-142. Ephedrine and pseudoephedrine, possession of substances containing. Immunity from liability for pharmacy in compliance with provisions, §16-13-30.3. Purchase of…
O.C.G.A. § 16-12-143 Failure to file or maintain required written reports
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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. History. Code 1933, § 26-1203, enacted by Ga. L. 1973, p. 635, § 1. 16-12-144. Partial-birth abortions.
O.C.G.A. § 16-12-144 Partial-birth abortions
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(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 fetu…
O.C.G.A. § 16-12-160 Anhydrous ammonia
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Unlawful possession, §16-11-111. Animals. Buses, rapid rail cars or stations. Carrying or possessing live animals aboard, §16-12-120. Dogfighting, §16-12-37. Interfering with or harming public safety of search and rescue animals, §16-11-107. Antiterroristic training. Prohibited tr…
O.C.G.A. § 16-12-161 Sexual offenses, §16-6-7
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COSMETOLOGISTS AND BARBERS. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. COSTS. Computer security act violations. Civil actions, §16-9-155. Concealed weapons permit. Privacy rights regarding loc…
O.C.G.A. § 16-12-170 Definitions
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As used in this article, the term: (1) “Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Such term shall not include any tobacco product,…
O.C.G.A. § 16-12-171 Prohibited acts
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(a)(1) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to any individual under the age of 21 years; (B) Purchase any cigarette…
O.C.G.A. § 16-12-172 Posting signs in place of business
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(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 statemen…
O.C.G.A. § 16-12-173 Sales from vending machines
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(a)(1) Any person that maintains in such person’s place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall place or cause to be placed in a conspicuous place on such vending m…
O.C.G.A. § 16-12-174 Distribution of tobacco product samples
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(a) As used in this Code section, the term “tobacco product sample” means a cigarette, tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost for purposes of promoting the product. (b) It shall be unlawful for any p…
O.C.G.A. § 16-12-176 Administration and enforcement
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The state revenue commissioner shall administer and enforce this article and may make reasonable rules and regulations for its administration and enforcement. The state revenue commissioner may designate employees of the Department of Revenue for the purpose of administering and …
O.C.G.A. § 16-12-190 Definition
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As used in this article, the term “low THC oil” means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not …
O.C.G.A. § 16-12-191 Universities and colleges
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Hazing, §16-5-61. Weapons. Carrying concealed weapon, license prohibitions, §16-11-129. Firearms. Discharging while under the influence, §16-11-134. DRUGS —Cont’d Weapons —Cont’d Firearms —Cont’d Possession during commission of crime or attempt to commit crime of trafficking in dr…
O.C.G.A. § 16-12-2 Smoking in public places
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(a) A person smoking tobacco in violation of Chapter 12A of Title 31 shall be guilty of a misdemeanor and, if convicted, shall be punished by a fine of not less than $100.00 nor more than $500.00. (b) This Code section shall be cumulative to and shall not prohibit the enactment of…
O.C.G.A. § 16-12-20 Definitions
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As used in this part, the term: (1) “Bet” means an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value. A bet does not include: (A) Contracts of indemnity or guaranty or life, health, property, or accident insu…
O.C.G.A. § 16-12-200 Definitions
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As used in this article, the term: (1) “Applicant” means a corporate entity applying for a license pursuant to this article. (2) “Available capital” means corporate assets that are available to fund business operations in the event a license is awarded pursuant to Part 2 of this …
O.C.G.A. § 16-12-203 Powers, duties, and responsibilities
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The commission shall have the following powers, duties, and responsibilities: (1) To apply for, receive, and administer state funds appropriated to the commission, private grants and donations, and other funds and donations. The commission’s annual distributions shall be capped a…
O.C.G.A. § 16-12-206 Annual, nontransferable dispensing license; adoption of rules; fees
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(a)(1) Upon request by a licensed pharmacy in this state, the State Board of Pharmacy shall be authorized to develop an annual, nontransferable specialty dispensing license for an independent pharmacy with a registered office located within this state to dispense low THC oil and …
O.C.G.A. § 16-12-207 Definitions
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Prohibited acts. Posting signs in place of business. Sales from vending machines. Distribution of tobacco product samples. Enforcement actions; collection and report of fines; inspections by law enforcement agencies; annual report. Administration and enforcement. ROLE OF COMMISSIO…
O.C.G.A. § 16-12-21 Gambling
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(a) A person commits the offense of gambling when he: (1) Makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest; (2) Makes a bet upon the result of any political nomination, appointment, or election o…
O.C.G.A. § 16-12-213 Tracking systems required
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(a) The commission shall require that each Class 1 production licensee and Class 2 production licensee establish, maintain, and 191 16-12-213 utilize, directly or by contract, a tracking system. The commission shall approve one or more vendors to provide or operate tracking syste…
O.C.G.A. § 16-12-214 Study on minority and women participation; addressing discrimination
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(a) Beginning January 1, 2022, the commission shall undertake a retrospective study of the participation of minority and women owned businesses as licensees under this part for the period from January 1, 2020, through December 31, 2021. Thereafter, the commission shall conduct su…
O.C.G.A. § 16-12-215 Covered file-sharing program
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Computer security act of 2005, §16-9-151. Credit repair services organization.
O.C.G.A. § 16-12-216 Inspections of facilities of licensees
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On-demand access, §16-12-217. Grow. Defined, §16-12-200. Prohibition on producing, growing, etc, of product except pursuant to provisions, §16-12-201. Implementation of provisions. Powers and duties of commission, §16-12-210. 950 INDEX MEDICAL MARIJUANA —Cont’d Access to medical c…