Title 16 — Crimes and Offenses

(a) As used in this Code section, the term: (1) ‘‘Bank’’ means incorporated banks, savings banks, banking companies, trust companies, credit unions, and other corporations doing a banking business. 473 16-9-1 (2) ‘‘Check’’ means any instrument for the payment or transmission of m…

As used in this part, the term: (1) ‘‘Advertiser’’ means a person or entity that advertises through the use of commercial e-mail. (2) ‘‘Automatic technical process’’ means the actions performed by an e-mail service provider’s or telecommunications carrier’s computers or computer …

Any person who initiates a commercial e-mail that the person knew or should have known to be false or misleading that is sent from, passes through, or is received by a protected computer shall be guilty of the crime of initiation of deceptive commercial e-mail. (Code 1981, § 16-9…

(a) Any person convicted of a violation of Code Section 16-9-101 shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00 or by imprisonment of not more than 12 months, or both, except: (1) Where the volume of commercial e-mail transmitted exceeded 10,00…

For the purpose of venue under this part, any violation of this part shall be considered to have been committed: (1) In the county of the principal place of business in this state of the owner of an involved protected computer, computer network, or any part thereof; (2) In any co…

The Attorney General shall have concurrent jurisdiction with the district attorneys and solicitors-general to conduct the criminal prosecution of violations of this part. (Code 1981, § 16-9-104, enacted by Ga. L. 2005, p. 199, § 4/SB 62.) 559 16-9-107 16-9-105. Civil actions.

(a) The following persons shall have standing to assert a civil action under this part: (1) Any e-mail service provider whose protected computer was used to send, receive, or transmit an e-mail that was sent in violation of this part; and (2) A domain owner of any e-mail address …

Investigation of violations. Powers of attorney general and district attorneys, §16-9-108. 1017 INDEX SPAM EMAIL —Cont’d Venue for prosecution, §16-9-103. SPORT SHOOTING RANGES. Carrying weapons while legally engaged in sport shooting, §16-11-126. SPANKING.

There shall be no cause of action under this part against an e-mail service provider on the basis of its routine transmission of any commer560 16-9-107 FORGERY & FRAUDULENT PRACTICES 16-9-108 cial e-mail over its computer network. (Code 1981, § 16-9-107, enacted by Ga. L. 2005, p…

(a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, or 16-11-221, Article 8 of Chapter 5 of …

Actions. Impersonating another in course of, §16-10-96. Bail and recognizance.

Arson, §§16-7-60, 16-7-61. Burglary, §16-7-1. Criminal trespass, §16-7-21. False or secret compartment. Unlawful, inference, §16-11-112. Hijacking, §16-5-44. Littering from. Inference of violation, §16-7-44. Public transportation safety, §§16-12-121 to 16-12-129. Trespass. Crimin…

As used in this article, the term: (1) ‘‘Attorney General’’ means the Attorney General or his or her designee. (2) ‘‘Business victim’’ means any individual or entity that provided money, credit, goods, services, or anything of value to someone other than the intended recipient wh…

(a) A person commits the offense of identity fraud when he or she willfully and fraudulently: (1) Without authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person; (2) Uses identifying information of an individual und…

(a) A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying infor…

It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the m…

The Attorney General shall have the authority to investigate any complaints of consumer victims regarding identity fraud. In conducting such investigations the Attorney General shall have all investigative powers which are available to the Attorney General under Part 2 of Article…

The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases of identity fraud. (Code 1981, § 16-9-123, enacted by Ga. L. 1998, p. 865, § 2; Code 1981, § 16-9-124, as redesignated by Ga. L. 2002, p. 551, § 2.) Editor’s n…

State, 277 Ga. App. 551, 627 S.E.2d 154 (2006). Evidence sufficient for conviction. — Evidence that the defendant, on two different dates, approached cashiers at the same store, gave the cashiers a credit card that was falsified in that the credit card had the account numbers fro…

(a) A person who has learned or reasonably believes that he or she has been the victim of identity fraud may contact the local law enforcement agency with jurisdiction over his or her actual residence for the purpose of making an incident report. The law enforcement agency having…

(a) A violation of this article, other than a violation of Code Section 16-9-121.1 or 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second o…

The Attorney General shall have authority to initiate any proceedings and to exercise any power or authority in the same manner as if he or she were acting under Part 2 of Article 15 of Chapter 1 of Title 10, as regards violations or potential violations of this article. (Code 19…

(a) The prohibitions set forth in Code Sections 16-9-121, 16-9-121.1, and 16-9-122 shall not apply to nor shall any cause of action arise under Code Sections 16-9-129 and 16-9-131 for: (1) The lawful obtaining of credit information in the course of a bona fide consumer or commerc…

Filing of complaints by consumer victims, §16-9-123. Repository for complaints, §16-9-123. Class actions. Equitable injunctive relief, §16-9-130. Conduct constituting, §16-9-121. Aggravated identity fraud, §§16-9-121.1, 16-9-126. Criminal penalties, §§16-9-122, 16-9-126. Criminal…

Sedition and subversive activities. Duties imposed on prosecuting attorneys, §16-11-8. PROSTITUTION, §16-6-9. Forfeiture of property. Proceeds or property used to facilitate offense declared to be contraband, §16-6-13.3. Vehicle used to facilitate offense declared to be contraban…

Murder, §16-5-1. IMPORTS. Air bags. Counterfeit, nonfunctional, etc, airbags. Importation, manufacture, sale, installation, etc, criminal offenses, §16-9-111. IMPOSSIBILITY OF PERFORMANCE. Sales. Defenses, §16-4-4. 928 INDEX IMPOUNDMENT. Litter, dumping. Impoundment of vehicle, e…

This article shall be known and may be cited as the ‘‘Georgia Computer Security Act of 2005.’’ (Code 1981, § 16-9-150, enacted by Ga. L. 2005, p. 1241, § 1/SB 127.) 16-9-151. Definitions.

As used in this article, the term: (1) ‘‘Advertisement’’ means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose. (2) ‘‘Authorized user,’’ with r…

(a) It shall be illegal for a person or entity that is not an authorized user, as defined in Code Section 16-9-151, of a computer in this state to knowingly, willfully, or with conscious indifference or disregard cause computer software to be copied onto such computer and use the…

Email virus distribution, denial of service attacks and other prohibited conduct, §16-9-153. Exceptions to provisions, §16-9-156. File-sharing programs, prohibitions, §16-9-154. Georgia computer security act of 2005. Short title, §16-9-150. Inducing installation of software compo…

(a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152, subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153, or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, sh…

(a) For the purposes of this Code section, the term ‘‘employer’’ includes a business entity’s officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within a business enterprise. No employer may be held cr…

Payments for realty improvements, §16-8-15. Retailers skimming from cash registers. Sales suppression devices or zappers. Criminal offenses relating to, §16-9-62. EMBEZZLEMENT —Cont’d Trade secrets, §16-8-13. EMBOSSMENT. Financial transaction cards. Criminal possession. Incomplet…

(a) A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years. (b) A person who commits the offense of forgery in the second degree shall…

(a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by t…

Identity fraud, §§16-9-120 to 16-9-132. Service charges. Bad check fee, §16-9-20. CHEMICAL CASTRATION. Child molesters, §16-6-4. CHEMICAL WEAPONS. Bombs, explosives and chemical or biological weapons generally, §§16-7-80 to 16-7-97. 816 INDEX CHEMOTHERAPY. Medical marijuana, acce…

As used in this article, the term: (1) ‘‘Acquirer’’ means a business organization, government, financial institution, or an agent of a business organization, government, or financial institution that authorizes a merchant to accept payment 508 16-9-30 FORGERY & FRAUDULENT PRACTIC…

(a) A person commits the offense of financial transaction card theft when: (1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the 511 16-9-31 cardholder’s consent; or who, with knowledge that it has…

(a) A person commits the offense of financial transaction card forgery when: (1) With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely makes or falsely embosses a purported …

(a) A person commits the offense of financial transaction card fraud when, with intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person; or cardholder, such person: (1) Uses for the purpose of obtaini…

(a) A person commits the offense of criminal possession of financial transaction card forgery devices when: (1) He is a person other than the cardholder and possesses two or more incomplete financial transaction cards with intent to complete them without the consent of the issuer…

1024 INDEX THEFT —Cont’d Shoplifting, §16-8-14. Emergency exit door, unlawful use following shoplifting, §16-11-40. Fencing of retail property, §16-8-5.2. Shopping carts, §16-8-21. Taking property of another, §16-8-2. Theft of services, §16-8-5. Telecommunication services, §16-9-…

Financial transaction card theft. Forgery of financial transaction card. Financial transaction card fraud. Criminal possession of financial transaction card forgery devices. Criminal receipt of goods and services fraudulently obtained. Rebuttable presumption of criminal receipt o…

Any person who, without the acquirer’s express authorization, employs or solicits an authorized merchant or any agent or employee of such merchant to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such mercha…

(a) A person who is subject to the punishment and penalties of this subsection shall be fined not more than $1,000.00 or imprisoned not less than one year nor more than two years, or both. (b) A person subject to punishment under this subsection shall be guilty of a felony and sh…

Motor vehicles. Prostitution or pimping, vehicle used to facilitate offense declared to be contraband, §16-6-13.2. 825 INDEX CONTRABAND —Cont’d Obscene materials, §16-12-83. Prostitution or pimping. Proceeds and property used to facilitate offense declared to be contraband, §16-6…

(a) In any prosecution for a violation of this article, the state is not required to establish that all of the acts constituting the crime occurred in this state or within one city, county, or local jurisdiction, and it is no defense that some of the acts constituting the crime d…

(a) As used in this Code section, the term ‘‘proof of insurance document’’ means any document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or…

Accident, §16-2-2. Affirmative defenses, §16-3-28. Alibi defense, §16-3-40. Attempts to commit crimes. Abandonment of effort to commit crime, §16-4-5. Impossibility as a defense, §16-4-4. Benefit of clergy, §16-3-27. Carrying concealed weapons violations, §16-11-138. Child in need…

(a) A person commits the offense of improper solicitation of money when he solicits payment of money by another by means of a statement or invoice or any writing that could reasonably be interpreted as a statement or invoice for goods not yet ordered or for services not yet perfo…