Title 16 — Crimes and Offenses
0 chapters · 658 sections in this title.
O.C.G.A. § 16-7-53.1 Littering from
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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…
O.C.G.A. § 16-7-54 Evidence of identity of violator
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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…
O.C.G.A. § 16-7-56 BIRTH CONTROL
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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, §…
O.C.G.A. § 16-7-58 Prohibited placements of posters, signs, and advertisements
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(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; …
O.C.G.A. § 16-7-60 Arson in the first degree
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(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…
O.C.G.A. § 16-7-61 Alexander v
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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. …
O.C.G.A. § 16-7-62 Arson in the third degree
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(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…
O.C.G.A. § 16-7-63 FORESTRY
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Practice of professional forestry. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. FORFEITURES.
O.C.G.A. § 16-7-64 Criminal possession of an explosive device
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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…
O.C.G.A. § 16-7-80 Definitions
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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…
O.C.G.A. § 16-7-81 Explosive materials
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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; (…
O.C.G.A. § 16-7-82 Explosives
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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…
O.C.G.A. § 16-7-83 Identity fraud
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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…
O.C.G.A. § 16-7-84 Over-pressure device
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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…
O.C.G.A. § 16-7-85 Hoax devices
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(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 …
O.C.G.A. § 16-7-86 Bacteriological weapon
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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…
O.C.G.A. § 16-7-87 Interference with officers
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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 …
O.C.G.A. § 16-7-89 Theft
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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…
O.C.G.A. § 16-7-90 Records and reports
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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…
O.C.G.A. § 16-7-91 Searches and inspections
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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…
O.C.G.A. § 16-7-92 Bacteriological weapon
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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…
O.C.G.A. § 16-7-93 Exceptions to applicability of provisions
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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…
O.C.G.A. § 16-7-94 Agricultural activities
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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…
O.C.G.A. § 16-7-95 Searches and inspections, §16-7-91
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Firearms. Employer parking lot for employees or invited guests. Privacy rights regarding locked vehicles containing firearms locked out of sight, §16-11-135. Gambling property, §16-12-32. Interception of wire and oral transmissions. By law enforcement officers, §16-11-64. Court or…
O.C.G.A. § 16-7-96 Admissible evidence
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(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…
O.C.G.A. § 16-7-97 Child abandonment
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Reckless abandonment, §16-5-72. Child in need of services, causing minor to be, §16-12-1. Child molestation, §§16-6-4, 16-6-5. Child sexual exploitation, §16-12-100. Chop shops, §16-8-83. Cigarettes. Sales to underage individuals, §§16-12-172, 16-12-173. Cocaine. Trafficking in, …
O.C.G.A. § 16-8-1 Definitions
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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,…
O.C.G.A. § 16-8-100 Short title
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This article shall be known and may be cited as the ‘‘Georgia Residential Mortgage Fraud Act.’’ (Code 1981, § 16-8-100, enacted by Ga. L. 2005, p. 848, § 2/SB 100.)
O.C.G.A. § 16-8-101 Definitions
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As used in this article, the term: (1) ‘‘Mortgage lending process’’ means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services,…
O.C.G.A. § 16-8-102 Residential mortgage fraud
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A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person: (1) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lend…
O.C.G.A. § 16-8-103 Venue
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For the purpose of venue under this article, any violation of this article shall be considered to have been committed: (1) In the county in which the residential property for which a mortgage loan is being sought is located; (2) In any county in which any act was performed in fur…
O.C.G.A. § 16-8-104 Spam email
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Concurrent jurisdiction to conduct prosecutions, §16-9-104. Investigation of violations. Powers, §16-9-108. DISTURBING THE PEACE. Fighting in public place, §16-11-32. Fighting words, §16-11-39. DIVERSION PROGRAMS. Conditional discharge for possession of controlled substances as fi…
O.C.G.A. § 16-8-105 Penalties
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(a) Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both. (b) If a violation of this article involves engaging or partic…
O.C.G.A. § 16-8-106 Civil forfeiture
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(a) As used in this Code section, the terms ‘‘civil forfeiture proceedings,’’ ‘‘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…
O.C.G.A. § 16-8-12 Ray v
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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 190 phrase ‘‘regardless of the manner in which the property is taken or a…
O.C.G.A. § 16-8-13 Theft of trade secrets
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(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 …
O.C.G.A. § 16-8-14 Theft by shoplifting
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(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,…
O.C.G.A. § 16-8-14.1 Refund fraud
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(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 …
O.C.G.A. § 16-8-14.2 Peace officers
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Theft of weapon from peace officer, correction officer, etc., §16-10-33. Penalties, §16-8-12. Porch piracy, §16-8-25. Possession of tools, §16-7-20. Racketeer influenced and corrupt organizations. Generally, §§16-14-1 to 16-14-12. Racketeering activity defined, §16-14-3. Real prope…
O.C.G.A. § 16-8-15 Thompson v
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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…
O.C.G.A. § 16-8-16 Theft by extortion
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(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…
O.C.G.A. § 16-8-17 Misuse of Universal Product Code labels
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(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…
O.C.G.A. § 16-8-18 Brown v
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State, 312 Ga. App. 489, 718 S.E.2d 847 (2011). Attempt to hijack a motor vehicle. — Given that a defendant repeatedly stabbed a victim in the throat in a parking lot to attempt to force the victim to get inside the victim’s car, the trial court could find that the defendant reje…
O.C.G.A. § 16-8-19 Conversion of leased personal property
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Reserved. Repealed by Ga. L. 1988, p. 763, § 2, effective July 1, 1988. Editor’s notes. — This Code section was based on Ga. L. 1968, p. 1048, § 1; Ga. L. 1969, p. 857, § 9. For present comparable provisions, see Code Section 16-8-4(a). 16-8-20. Livestock theft.
O.C.G.A. § 16-8-2 Theft by taking
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A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropr…
O.C.G.A. § 16-8-20 Livestock theft
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(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 ‘…
O.C.G.A. § 16-8-21 Removal or abandonment of shopping carts
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(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…
O.C.G.A. § 16-8-22 Cargo theft
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(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…
O.C.G.A. § 16-8-23 Prohibited uses of fifth wheel
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(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…
O.C.G.A. § 16-8-24 Major airline carriers
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Weapons, carrying in certain areas of airport, §16-11-130.2. Malice. Cruelty to animals, §16-12-4. Manufacture. Controlled substances, §16-13-21. Medical cannabis, access, §16-12-200. Marijuana. Controlled substances, §16-13-21. Sanctions against licensed persons for certain viol…