Title 16 — Crimes and Offenses

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 Repealed by Ga.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 …

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…

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…

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. …

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…

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. …

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…

(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…

(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…

(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…

(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…

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’…

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…

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…

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…

(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…

(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-…

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…

(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…

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…

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…

(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…

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 …

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 …