Title 16 — Crimes and Offenses

0 chapters · 658 sections in this title.

31 sectionsFiltered byTitle 16 Ch 6

O.C.G.A. § 16-6-1 Scott v
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State, 281 Ga. App. 106, 635 S.E.2d 582 (2006). Directed verdict in statutory rape cases. — Trial court did not err in denying a motion for a directed verdict on a charge of statutory rape as the victim’s recantation did not render the evidence against the defendant insufficient …
O.C.G.A. § 16-6-10 Keeping a place of prostitution
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A person having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose o…
O.C.G.A. § 16-6-11 Pimping
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A person commits the offense of pimping when he or she performs any of the following acts: (1) Offers or agrees to procure a prostitute for another; 1242 16-6-11 (2) Offers or agrees to arrange a meeting of persons for the purpose of prostitution; (3) Directs or transports anothe…
O.C.G.A. § 16-6-12 Pandering
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A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perf…
O.C.G.A. § 16-6-13 Pharmacists and pharmacies
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Ephedrine and pseudoephedrine, possession of substances containing. Immunity from liability for pharmacy in compliance with provisions, §16-13-30.3. IMMUNITY —Cont’d Physician orders for life sustaining treatment (POLST) forms. Trafficking disabled adults, elder persons or reside…
O.C.G.A. § 16-6-13.1 Testing for sexually transmitted diseases required
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(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) Upon a verdict or plea of guilty or a plea of nolo contendere to the offense of pandering, the court in which that verdict is …
O.C.G.A. § 16-6-13.2 Civil forfeiture of motor vehicle
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(a) As used in this Code section, the term ‘‘motor vehicle’’ shall have the same meaning as set forth in Code Section 40-1-1. (b) Any motor vehicle used by a person to facilitate a violation of Code Section 16-6-10, 16-6-11 when the offense involved the pimping of a person to per…
O.C.G.A. § 16-6-13.3 Civil forfeiture of proceeds and property
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(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. 1250 16-6-13.3 SEXUAL OFFENSES 16-6-14 (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilita…
O.C.G.A. § 16-6-14 Pandering by compulsion
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Reserved. Repealed by Ga. L. 2019, p. 74, § 1-8/SB 158, effective July 1, 2019. Editor’s notes. — This Code section was based on Code 1933, § 26-2017, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2001, p. 92, § 5. See Editor’s note for applicability. Ga. L. 2019, p. 74, § 1-1/SB …
O.C.G.A. § 16-6-15 Howard v
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State, 272 Ga. 242, 527 S.E.2d 194 (2000). To the extent the solicitation of sodomy statute, O.C.G.A. § 16-6-5, can be narrowly construed to only punish speech soliciting sodomy that is not protected by the Georgia Constitution’s right to privacy, the solicitation of sodomy statu…
O.C.G.A. § 16-6-16 Masseurs and masseuses
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Massage in places used for, §16-6-17. MEDICAL MARIJUANA. Access to medical cannabis, §§16-12-200 to 16-12-236. Advertising or marketing to registered patients or public. Restrictions, §16-12-215. Applicants. Deﬁned, §16-12-200. Available capital. Deﬁned, §16-12-200. Bonds, surety…
O.C.G.A. § 16-6-17 MASS TRANSPORTATION
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Public transportation safety, §§16-12-121 to 16-12-129. MASTURBATION. Child sexual exploitation, §16-12-100. Distributing material depicting sexual conduct, §16-12-81. Distributing obscene materials, §16-12-80. Electronically furnishing obscene materials to minors, §16-12-100.1. …
O.C.G.A. § 16-6-18 Fornication
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An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor. History. — Laws 1833, Cobb’s 1851 Digest, pp. 814, 815; Code 1863, § 4419; Ga. L. 1865-66, p…
O.C.G.A. § 16-6-19 Adultery
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A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor. History. — Laws 1833, Cobb’s 1851 Digest, pp. 814, 815; Code 1863, § 4419; Ga. L. …
O.C.G.A. § 16-6-2 Moore v
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State, 279 Ga. App. 105, 630 S.E.2d 557 (2006). Evidence was sufficient to support a conviction of aggravated child molestation since the alleged child victim testified that when the child was five-years-old, defendant ‘‘put his private in my mouth and peed in it, and made me swa…
O.C.G.A. § 16-6-20 Bigamy
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(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person. (b) It shall be an affirmative defense that the prior spouse has been continually abse…
O.C.G.A. § 16-6-21 Marrying a bigamist
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(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another. (b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven yea…
O.C.G.A. § 16-6-22 Incest
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(a) A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows: (1) Father and child or stepc…
O.C.G.A. § 16-6-22.1 Sexual battery
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(a) For the purposes of this Code section, the term ‘‘intimate parts’’ means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes phy…
O.C.G.A. § 16-6-22.2 Hendrix v
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State, 230 Ga. App. 604, 497 S.E.2d 236 (1998), overruled on other grounds, Watson v. State, 297 Ga. 718, 777 S.E.2d 677 (2015). Digital penetration sufficient. — Evidence was sufficient to convict defendant of aggravated sexual battery, O.C.G.A. § 16-6-22.2(b), where the victim’…
O.C.G.A. § 16-6-23 BROKERS
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Telephone records brokers. Deﬁned, §16-11-70. Purchasing, selling or releasing records of Georgia residents. Prohibition, civil ﬁne, right of action created, §16-11-70. BROTHELS, §16-6-10. Massages in places used for prostitution, §16-6-17. BRUISES. Battery. Visual bodily harm de…
O.C.G.A. § 16-6-24 Ordinances
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Sexual offenses chapter of criminal code. Effect on authority of counties and municipalities to adopt ordinances, §16-6-24. Penalties, §16-11-36. Sexual offenses. Adoption of ordinances by counties and municipalities. Proscribing loitering or related activities, §16-6-24. LOLLIPO…
O.C.G.A. § 16-6-25 FLUORIDE
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Dangerous drug. Deﬁned as including, §16-13-71. FIREWORKS. Bombs, explosives and chemical or biological weapons, §16-7-93. Explosive materials, §16-7-81. First responders. Obstructing ﬁrst responder with ﬁreworks, §16-10-35. Obstructing ﬁrst responder with ﬁreworks, §16-10-35. Sp…
O.C.G.A. § 16-6-3 Statutory rape
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(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as…
O.C.G.A. § 16-6-4 Child molestation; aggravated child molestation
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(a) A person commits the offense of child molestation when such person: (1) Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or 1128 16-…
O.C.G.A. § 16-6-5 Craft v
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State, 324 Ga. App. 7, 749 S.E.2d 16 (2013). Trial court did not err in dismissing a juvenile’s motion to set aside the adjudications of child molestation and aggravated child molestation because evidence that contradicted the victim’s testimony that the victim did not have sexua…
O.C.G.A. § 16-6-5.1 Improper sexual contact by employee or agent; consent not a defense; penalty
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(a) As used in this Code section, the term: (1) ‘‘Agent’’ means an individual authorized to act on behalf of another, with or without compensation. (2) ‘‘Child welfare and youth services’’ shall have the same meaning as set forth in Code Section 49-5-3. (3) ‘‘Disability’’ shall h…
O.C.G.A. § 16-6-6 Pharmacists and pharmacies
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Ephedrine and pseudoephedrine, possession of substances containing. Immunity from liability for pharmacy in compliance with provisions, §16-13-30.3. Prescriptions. Electronic database of prescription information. Immunity of dispensers and prescribers, §16-13-63. 940 INDEX LIBRAR…
O.C.G.A. § 16-6-7 Public indecency
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Exposure of sex organs, §16-6-8. Rape. Female sex organ, §16-6-1. OVER-THE-COUNTER MEDICINES. Controlled substances. Nonnarcotic substances excluded from schedules, §16-13-29.1. Schedule V exemptions, §16-13-29.2. Ephedrine and pseudoephedrine, possession of substances containing…
O.C.G.A. § 16-6-8 Public indecency
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(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place: (1) An act of sexual intercourse; (2) A lewd exposure of the sexual organs; (3) A lewd appearance in a state of partial or complete nudity; or (4) A lewd care…
O.C.G.A. § 16-6-9 Prostitution
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A person, 18 years of age or older, commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including, but not limited to, sexual intercourse or sodomy, for money or other items of value. History. — Code 1933, § 26-2012, enacted …