Title 16

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…

(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 egregious litter or the management of solid, biomedical, or hazardous waste. (b) Nothing within th…

(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…

(a) It shall be unlawful: (1) To, with intent to damage, start, cause, or procure another to start or cause a fire in any woodlands, brush, field, or other lands that are not one’s own and without the permission of the owner or the lessee having control of such property; (2) To b…

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; (…

(a) It shall be unlawful for any person to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device except as provided in this article. (b) Any person convicted of a violation of this Code section shall be pun…

(a) It shall be unlawful for any person who is under indictment for or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, di…

(a) It shall be unlawful for any person to distribute or to offer to distribute a destructive device, explosive, poison gas, or detonator to any person who is under 21 years of age. (b) Any person convicted of a violation of this Code section shall be punished, in the case of an …

(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 …

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…

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 …

(a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device, explosive, bacteriological weapon, or biological weapon with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or t…

Each violation of the provisions of this article shall be considered a separate offense. (Code 1981, § 16-7-89, enacted by Ga. L. 1996, p. 416, § 3.)

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…

In any case where there is reason to believe that a destructive device, detonator, explosive, or hoax device has been manufactured, possessed, transported, distributed, or used in violation of this article or Title 25 or that there has been an attempt or a conspiracy to commit su…

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…

(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. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any …

(a) Photographs, videotapes, or other identification or analysis of a destructive device, explosive, poison gas, or detonator duly identified by an explosive ordnance disposal technician or a person qualified as a forensic expert in the area of destructive devices shall be admiss…

The provisions of this article shall not apply to: (1) Fertilizers, propellant actuated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes; or (2) A pesticide which is manufactured, stored, transported, distr…

Entry into animal enclosure. Criminal trespass involving wild animal, §16-7-21.2. TRIDITE. Explosive materials, §16-7-81. TRIMESTERS OF PREGNANCY. Abortion. When legal, §16-12-141. TRIPELENNAMINE CREAM OR OINTMENT. Dangerous drug defined, §16-13-71. TRANSPORTING HOAX DESTRUCTIVE D…

Dangerous drug defined, §16-13-71. Dangerous drugs generally, §§16-13-70 to 16-13-79. CALCIUM GLUCONOGALACTOGLUCONATE. Dangerous drug defined, §16-13-71. Dangerous drugs generally, §§16-13-70 to 16-13-79. CALCIUM LEVULINATE. Dangerous drug defined, §16-13-71. Dangerous drugs general…

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 …

Trafficking disabled adults, elder persons or residents, §16-5-102.1. ELECTIONS. Firearms carried near polling place. Carrying a concealed weapon in unauthorized location, §16-11-127. Polling places. Carrying a concealed weapon in unauthorized location, §16-11-127. Weapons. Carry…

— Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Transportation Security Act of 2002’.’’ Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act s…

As used in this article, the term: (1) ‘‘Deprive’’ means, without justification: (A) To withhold property of another permanently or temporarily; or (B) To dispose of the property so as to make it unlikely that the owner will recover it. (2) ‘‘Financial institution’’ means a bank,…

It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-9 that the person: (1) Was unaware that the property or service was that of another; (2) Acted under an honest claim of right to the property or service involved; (3) Acted under a ri…

In a prosecution under Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. In addition, in any prosecutio…

State, 165 Ga. App. 89, 299 S.E.2d 584 (1983). When the evidence at trial was sufficient to establish commission of the crime of theft by taking, and the evidence also may have shown theft by deception, the phrase ‘‘regardless of the manner in which the property is taken or appro…

(a) As used in this Code section, the term: (1) ‘‘Article’’ means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. (2) ‘‘Copy’’ means any …

(a) A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof,…

(a)(1) It shall be unlawful for a person to give a false or fictitious name or address or to give the name or address of another person without that person’s approval or permission for the purpose of obtaining a refund from a store or retail establishment for merchandise. (2) It …

State, 233 Ga. App. 792, 505 S.E.2d 535 (1998). Venue. — In theft by conversion cases, where allegedly converted property is money, two options are available to state regarding venue: first, state can proceed in county where accused received the money; second, state can produce e…

(a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to: (1) Inflict bodily injury on anyone or commit any other criminal offense; (2) Accuse anyone of a criminal offense; (3) Disseminate any informati…

(a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a thef…

(a) A person commits the offense of livestock theft when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any livestock of another with the intention of depriving the owner of such livestock. (b) For the purposes of this Code section, the term ‘…

(a) As used in this Code section, the term ‘‘shopping cart’’ means those pushcarts of the type which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidental…

(a) For purposes of this Code section, the term ‘‘vehicle’’ includes, without limitation, any railcar. (b) Notwithstanding any provision of this article to the contrary, a person commits the offense of cargo theft when he or she unlawfully takes or, being in lawful possession the…

(a) For the purposes of this Code section, the term ‘‘fifth wheel’’ means a device mounted on a truck tractor or similar towing vehicle, including, but not limited to, a converter dolly, which interfaces with and couples to the upper coupler assembly of a semitrailer. (b) It shal…

Peeples, 657 F.3d 1222 (11th Cir. 2011). Sale of non-existent insurance. — While the illegal sale of insurance is not in and of itself a basis for a racketeer influenced and corrupt organization (RICO) action absent further evidence of fraud rising to the level of theft by decept…

United Servs. Auto. Ass’n, 317 Ga. App. 280, 729 S.E.2d 522 (2012). Sufficiency of allegations. — Allegations under the Georgia Racketeer Influenced and Corrupt Organizations Act, O.C.G.A. § 16-14-1 et seq., against a mortgage loan servicer were sufficient to state a claim of the…