Title 16 — Crimes and Offenses

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 Influ- 182 enced and Corrupt Organizations Act, O.C.G.A. § 16-14-1 et seq., against a mortgage loan servicer were sufficient to state a claim …

State, 296 Ga. App. 270, 674 S.E.2d 115, 2009 Ga. App. LEXIS 189 (2009). Nonfinal conviction of first offense as predicate for life sentence on second charge. — O.C.G.A. § 17-10-2(a), relating to presentence hearings, did not operate to bar the trial court from relying on one of th…

State, 293 Ga. App. 629, 667 S.E.2d 624 (2008). Victim’s testimony that the defendant kicked in the door of the victim’s residence, entered, pointed a shotgun at the victim, and threatened to shoot the victim if the victim did not give the defendant money was sufficient in itself…

A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation. (Code 1933, § 26-1807, enacted by Ga. L…

Inference of identity of violator. Egregious litter, evidence of identity found in, §16-7-54. Vehicle with false or secret compartment, §16-11-112. INFLUENCE PEDDLING, §§16-10-4, 16-10-5. INFLUENCING WITNESSES, §16-10-93. Acceptance of benefit, reward, etc., for changing testimony…

(a) As used in this Code section, the term: (1) ‘‘Retail property’’ means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) ‘‘Retail property fence’’ means a person or entity that buys, sells, transfers, or possesses with the inte…

A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner…

Residential mortgage fraud, §§16-8-100 to 16-8-106. Responsibility for criminal acts. Age requirement, §16-3-1. Insane persons, §16-3-2. Persons acting out of a delusional compulsion, §16-3-3. Intoxicated persons, §16-3-4. Mentally incapacitated, §16-3-2. Persons acting out of a …

(a) As used in this Code section, the term: (1) ‘‘Official rating’’ means the official rating of a motion picture by the Classification and Rating Administration of the Motion Picture Association of America. (2) ‘‘Video movie’’ means a videotape, video cassette, video disc, any p…

(a) As used in this Code section, the term: (1) ‘‘Audiovisual recording device’’ means any device capable of recording or transmitting a motion picture, or any part thereof, using any technology now known or later developed. (2) ‘‘Facility’’ shall not include a personal residence…

(a) A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, 247 16-8-7 disposed of, or retained with intent to restore it to the owner. ‘…

Pharmacists and pharmacies. Ephedrine and pseudoephedrine, possession of substances containing. Electronic logging system generating stop sale alert, §16-13-30.3. STORED VALUE CARDS. Alteration, sale or exchange of cards obtained by fraud or illegal means, §16-12-120.1. STP. Dang…

This article shall be known and may be cited as the ‘‘Motor Vehicle Chop Shop and Stolen and Altered Property Act.’’ (Code 1981, § 16-8-80, enacted by Ga. L. 1991, p. 1805, § 1.)

(a) The General Assembly finds and declares the following: (1) The annual number of reported motor vehicle thefts has exceeded 1 million. Approximately 50 percent of all larcenies reported to law enforcement authorities in the United States are directed against motor vehicles. Th…

As used in this article, the term: (1) ‘‘Chop shop’’ means any building, lot, or other premise where one or more persons knowingly engage in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally ob…

(a) Any person who knowingly and with intent: (1) Owns, operates, or conducts a chop shop; (2) Transports any motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or (3) Sells, transfers, purchases, or receives any motor vehicle or motor vehicle…

(a) The following are subject to forfeiture unless obtained by theft, fraud, or conspiracy to defraud and the rightful owner is known or can be identified and located: (1) Any tool; (2) Any implement; or (3) Any instrumentality, including, but not limited to, any motor vehicle or…

(a) The Attorney General, any prosecutor, or any aggrieved person may institute a civil action against any person in a court of competent jurisdiction seeking relief from conduct constituting a violation of any provision of this article. If the plaintiff in such action proves the…

A person commits the offense of theft by bringing stolen property into this state when he brings into this state any property which he knows or should know has been stolen in another state. (Ga. L. 1918, p. 272, § 2; Code 1933, § 26-2622; Code 1933, § 26-1815, enacted by Ga. L. 1…

(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…