Title 16 — Crimes and Offenses
0 chapters · 658 sections in this title.
O.C.G.A. § 16-14-1 Short title
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This chapter shall be known and may be cited as the “Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.” History. Code 1933, § 26-3401, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 2015, p. 693, § 2-25/HB 233.
O.C.G.A. § 16-14-10 RECORDS
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Controlled substances. Maintenance by manufacturers, distributors and dispensers, §16-13-39. Furnishing of false information, material omissions, etc., §16-13-43. Refusal or failure to keep records, §16-13-42. Model glue.
O.C.G.A. § 16-14-11 Venue
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In any criminal proceeding, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained. History. Code 1933, § 26-3410, …
O.C.G.A. § 16-14-12 Cases of special public importance
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The state may, in any civil action or civil forfeiture proceeding brought pursuant to this chapter, file with the clerk of the court a certificate stating that the case is of special public importance. A copy of such certificate shall be furnished immediately by such clerk to the ch…
O.C.G.A. § 16-14-2 Findings and intent of General Assembly
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(a) The General Assembly finds that a severe problem is posed in this state by the increasing sophistication of various criminal elements and the increasing extent to which the state and its citizens are harmed as a result of the activities of these elements. (b) The General Assem…
O.C.G.A. § 16-14-3 Definitions
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As used in this chapter, the term: (1) “Civil forfeiture proceeding” shall have the same meaning as set forth in Code Section 9-16-2. (2) “Criminal proceeding” means any criminal proceeding commenced by the Department of Law or the office of any district attorney under any provis…
O.C.G.A. § 16-14-4 Waldschmidt v
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Crosa, 177 Ga. App. 707, 340 S.E.2d 664, 1986 Ga. App. LEXIS 1506 (1986). Falsely accusing customers of shoplifting, even if it constituted a pattern of criminal activity, was not conduct intended to derive pecuniary gain as required by O.C.G.A. § 16-14-4. Sevcech v. Ingles Mkts.…
O.C.G.A. § 16-14-5 Criminal penalties for violation of Code Section 1614-4
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(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the fine specified in subsection (b) of this Code section, or both. (b…
O.C.G.A. § 16-14-6 Cotton, Inc
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v. Phil-Dan Trucking, Inc., 270 Ga. 95, 507 S.E.2d 730, 1998 Ga. LEXIS 1042 (1998). Proof required for treble damages. — In an action based on a violation of O.C.G.A. § 16-10-20, prohibiting the making of false statements, even though plaintiff had to show the defendants’ crimina…
O.C.G.A. § 16-14-7 Civil forfeiture proceedings
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(a) All property of every kind used or intended for use in the course of, derived from, or realized through a pattern of racketeering activity shall be subject to forfeiture to the state. The Attorney General shall be specifically authorized to commence any civil forfeiture procee…
O.C.G.A. § 16-14-8 Prohibited activities, §16-14-4
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Criminal penalty for engaging in, §16-14-5. Reciprocal agreements with other states, §16-14-10. Remedies. Civil remedies. Available remedies, §16-14-6. Supplemental and not mutually exclusive, §16-14-9. Special public importance. Cases of, §16-14-12. Venue of proceedings, §16-14-…
O.C.G.A. § 16-14-9 Civil remedies as supplemental and not mutually exclusive
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The application of one civil remedy under this chapter shall not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this chapter are supplemental and not mutually exclusive. History. Code 1933, §…