Title 16 — Crimes and Offenses

State, 240 Ga. App. 685, 524 S.E.2d 545 (1999). Broadcast tower which does not enclose anything is not a building within the meaning of O.C.G.A. § 16-7-1. Redfern v. State, 246 Ga. App. 572, 540 S.E.2d 701 (2000). Because a building may be the situs of a burglary even if it is no…

(a) As used in this Code section, the term ‘‘retail establishment’’ means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry…

(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a cri…

(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of …

Identity fraud. Equitable injunctive relief, §16-9-130. CLEAN AIR ACTS. Sale or transfer of motor vehicle not manufactured in compliance with, §16-9-110. 818 INDEX CLUBS —Cont’d Lotteries include chain letters or pyramid clubs, §16-12-20. Sedition and subversive activities. Organ…

Payday loans. Contract disputes, §16-17-2. ARCHERY TACKLE. Hunting. Misuse of tackle while hunting, §§16-11-108 to 16-11-110. ARCHITECTS. Conversion of payments for realty improvements, §16-8-15. Drugs. Professions and occupations. Sanctions against licensed persons for certain v…

(a) A person commits the offense of criminal damage to property in the first degree when he: (1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or (2) Knowingly and without authority and by force or violence interferes with …

(a) A person commits the offense of criminal damage to property in the second degree when he: (1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00; or (2) Recklessly or intentionally, by means of fire or explosive, da…

(a) A person commits the offense of interference with government property when he destroys, damages, or defaces government property and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (b) A person commits the offense of …

Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. DANCING. Child sexual exploitation. Definition of performance, §16-12-100. DANGEROUS DRUG ACT. General provisions, §§16-13-70 to 16-13-79. Short title…

(a) A person commits the offense of vandalism to a place of worship when he maliciously defaces or desecrates a church, synagogue, or other place of public religious worship. 113 16-7-29 (b) A person convicted of the offense of vandalism to a place of worship shall be punished by…

Editor’s notes. — Ga. L. 2008, p. 444, § 3, effective July 1, 2008, redesignated former Code Section 16-7-28 as present Code Section 16-7-63. 16-7-29. Interference with electronic monitoring devices; ‘‘electronic monitoring device’’ defined; penalty. (a) For purposes of this Code…

Criminal trespass. Criminal damage to property in the first degree. Criminal damage to property in the second degree. Interference with government property. Damaging, injuring, or interfering with property of public utility companies, municipalities, or political subdivisions. Va…

Reserved. Repealed by Ga. L. 2006, p. 275, § 2-1, effective July 1, 2006. Editor’s notes. — This Code section was based on Ga. L. 1970, p. 494, § 1; Ga. L. 1990, p. 8, § 16. 16-7-41. Legislative intent.

Littering public or private property or waters; enforcing personnel. Prima-facie evidence; rebuttable presumption. Enforcement of this part. Receptacles to be provided; notice to public. Designation of containers for household garbage; misuse or vandalization of container. Local …

As used in this part, the term: (1) ‘‘Litter’’ means any discarded or abandoned: (A) Refuse, rubbish, junk, or other waste material; or (B) Dead animals that are not subject to the provisions of Code Section 4-5-4. (2) ‘‘Public or private property’’ means the right of way of any …

(a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The area is designa…

(a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator…

All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to…

All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs dire…

Places of worship, §16-7-26. Public utility property, §16-7-25. Wildfire suppression material and devices, §16-7-63. UNMARRIED PERSONS. Fornication, §16-6-18. Marrying bigamists, §16-6-21. UPSKIRTING. Criminal invasions of privacy. Filming or viewing underneath or through clothing…

(a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinanc…

(a) As used in this Code section, the term ‘‘dwelling’’ shall have the same meaning as provided in Code Section 16-7-1. (b) A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in p…

Reserved. Repealed by Ga. L. 2006, p. 275, § 2-2, effective July 1, 2006. 122 16-7-50 DAMAGE TO & INTRUSION ON PROPERTY 16-7-52 Editor’s notes. — This Code section was based on Code 1981, § 16-7-50, enacted by Ga. L. 1993, p. 496, § 2. 16-7-51. Definitions.

As used in this part, the term: (1) ‘‘Biomedical waste’’ means that term as defined in paragraph (1.1) of Code Section 12-8-22. (2) ‘‘Commercial purpose’’ means for the purpose of economic gain. (3) ‘‘Dump’’ means to throw, discard, place, deposit, discharge, burn, or dispose of …

It shall be unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit: (1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other publi…

(a) Any person who intentionally dumps egregious litter in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall …

Egregious litter. Impoundment of vehicle litter thrown from, §16-7-53.1. Inference of violation, §16-7-44. Sales. Federal emission standards. New vehicles not manufactured in compliance with, §16-9-110. Vehicles with altered vehicle identification numbers, §16-8-83. Theft. Chop sh…

Whenever any egregious litter which is dumped in violation of Code Section 16-7-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person o…

Diaphragms for vaginal use. Dangerous drugs generally, §§16-13-70 to 16-13-79. BIRTH DATE. Giving false birth date to law enforcement officer, §16-10-25. BISMUTH SODIUM TARTRATE. Dangerous drug. Defined as including, §16-13-71. BLACKENED EYES. Battery. Visual bodily harm defined, §…

(a) It shall be unlawful for any person to place posters, signs, or advertisements: (1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; …

(a) A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage: (1) Any dwelling house of another without his or h…

State, 263 Ga. 474, 435 S.E.2d 187 (1993). Circumstantial evidence of both guilt and corpus delicti. — Circumstances must generally be depended upon, not only to show the guilt of the accused, but to establish the corpus delicti of the crime of arson. Reese v. State, 94 Ga. App. …

(a) A person commits the offense of arson in the third degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage: (1) Any personal property of another without his o…

Practice of professional forestry. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. FORFEITURES.

Repealed by Ga. L. 1996, p. 416, § 2, effective May 1, 1996. Editor’s notes. — This Code section, relating to criminal possession of explosive devices was based on Ga. L. 1967, p. 452, §§ 1—3; Code 1933, § 26-1405, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1991, p. 324, § 1. F…

As used in this article, the term: (1) ‘‘Bacteriological weapon’’ or ‘‘biological weapon’’ means: (A) The following toxic chemicals: (i) O-Alkyl (≤C10, including cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates; e.g., Sarin: O-Isopropyl methylphosphonofluoridate, Som…

The following materials are explosives within the meaning of this article: (1) Acetylides of heavy metals; (2) Aluminum containing polymeric propellant; (3) Aluminum ophorite explosive; (4) Amatex; (5) Amatol; (6) Ammonal; (7) Ammonium nitrate explosive mixtures, cap sensitive; (…

Buses, rapid rail cars or stations. Carrying or possessing on board, §16-12-120. 906 INDEX FINES —Cont’d False identification documents, §16-9-4. Manufacturing, selling, etc., §16-9-4. False or secret compartment. Vehicles containing, §16-11-112. False statements, etc., in matters…

Incident reports. Victim’s right to file, §16-9-125.1. Transmittal of complaints to bureau of investigation, §16-9-123. Improper sexual contact by employee or agent of law enforcement agency, §16-6-5.1. Sexual offenses. Improper sexual contact by employee or agent of law enforceme…

Defined, §16-7-80. Pesticides. Exceptions to provision, §16-7-97. Poison gas. Defined, §16-7-80. Production of evidence compelling, §16-7-92. Records of persons authorized to manufacture, possess, etc., §16-7-90. DESTRUCTIVE DEVICES —Cont’d Reports of loss or theft to Georgia Burea…

(a) It shall be unlawful for any person to manufacture, possess, transport, distribute, or use a hoax device or replica of a destructive device or detonator with the intent to cause another to believe that such hoax device or replica is a destructive device or detonator. (b) Any …

Defined, §16-7-80. Biological weapon. Defined, §16-7-80. 837 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Destructive devices —Cont’d Clerk of court to photograph and transfer custody of destructive device or detonator introduced in evidence, §16-7-96. Compelling attendance of witnesse…

It shall be unlawful for any person knowingly to hinder or obstruct any explosive ordnance technician, law enforcement officer, fire official, emergency management official, animal trained to detect destructive devices, or any robot or mechanical device designed or utilized by a …

Criminal penalty, §16-8-12. Report to Georgia Bureau of Investigations, §16-7-90. Unlawful request for emergency services assistance, §16-10-28. Weapon of mass destruction. Defined, §16-7-80. DETECTABLE HUMAN HEARTBEAT. Defined, §16-12-141. DETECTION DEVICES. Buses or rail vehicles…

It shall be the duty of any person authorized by paragraph (1) or (2) of Code Section 16-7-93 to manufacture, possess, transport, distribute, or use a destructive device, detonator, explosive, or hoax device within the state: (1) To maintain such records as may be required pursua…

The Commissioner or director or such officers’ designees or any law enforcement officer or fire official may obtain an inspection warrant as provided in Code Section 25-2-22.1 to conduct a search or inspection of: (1) Any person licensed pursuant to Title 25 to manufacture, posse…

Defined, §16-7-80. Biological weapon. Defined, §16-7-80. Buses or railroads. Placing aboard bus or rail vehicle, §16-12-123. Possession with intent to avoid or disrupt a security measure, §16-12-127. Conspiracy to commit offense under provision, §16-7-86. Definitions, §16-7-80. Dest…

The provisions of Code Sections 16-7-82, 16-7-84, 16-7-85, and 16-7-86 shall not apply to: (1) Any person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or pursuant to Titl…

After consultation with the Commissioner of Agriculture or his or her designee, the Board of Public Safety may except by rule any explosive or quantity of explosive for use in legitimate agricultural activities. A copy of any such rule shall be furnished to the Commissioner of Ag…