Title 16 — Crimes and Offenses

(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…

(a) A person commits the offense of damaging, destroying, or secreting property to defraud another person when he knowingly and with intent to defraud another person damages, destroys, or secretes any property of whatever class or character, whether the property of himself or of …

Criminal offense, §16-10-71. State employment, §16-11-14. Subornation, §16-10-72. FALSE ALARMS. False fire reports, §16-10-27. FALSE IDENTIFICATION. Transmitted through computer network, §16-9-93.1. FAMILY VIOLENCE. Battery. Family violence battery, §16-5-23.1. Family violence bat…

Fraudulent attempts to obtain, §§16-8-14.1, 16-9-56. Attorneys. Witnesses. Illegal remuneration to prosecuting attorney, §16-10-98. Attorneys’ fees. Contingency fees, restrictions in state forfeiture actions, §16-1-12. Bacteriological weapons. Destructive devices, §§16-7-80 to 16…

(a) It shall be unlawful for any person to give a false or fictitious name, address, or telephone number as that person’s own or to give the name, address, or telephone number of any other person without that other person’s knowledge and approval for the purpose of obtaining or a…

Illegal remuneration, §16-10-98. Laser device, projecting against law enforcement officers, §16-10-34. Personal care homes. Hiring employees with prior criminal background, §16-12-1.1. Physicians and surgeons. Prescriptions for dangerous drugs. Violations of requirements, §16-13-…

Any person, either on his or her own account or for others, who with fraudulent intent shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, Christmas trees, pine needles, horticultural crops, poultry and poultry products, cat…

(a) As used in this Code section, the term: (1) ‘‘Buyer’’ means any individual who is solicited to purchase or who purchases the services of a credit repair services organization. (2)(A) ‘‘Credit repair services organization’’ means any person who, with respect to the extension o…

Unless a greater penalty is specifically provided in this chapter, any violation of this chapter by a fiduciary in breach of a fiduciary obligation 492 16-9-6 FORGERY & FRAUDULENT PRACTICES 16-9-20 against a person who is 65 years of age or older shall be punished by imprisonment…

Deception as to veteran status or military decoration award receipt with intent to secure tangible benefit, §16-9-63. FREEDOM OF SPEECH. Freedom of speech. Domestic terrorism. Constitutionally protected speech or assembly. Statutory construction to avoid infringement, §16-11-224. …

Sales suppression devices or zappers. Criminal offenses relating to, §16-9-62. SAWED-OFF SHOTGUNS AND RIFLES —Cont’d Enhanced criminal penalties for use in commission of certain offenses, §16-11-160. Local laws or ordinances consistent with part authorized, §16-11-161. Use of for…

(a) As used in this Code section, the term: (1) ‘‘Armed forces of the United States’’ means the army, navy, air force, marine corps, or coast guard and the reserve components thereof and the uniformed components of the Public Health Service or the National Oceanic and Atmospheric…

This article shall be known and may be cited as the ‘‘Georgia Computer Systems Protection Act.’’ (Code 1981, § 16-9-90, enacted by Ga. L. 1991, p. 1045, § 1; Ga. L. 1996, p. 6, § 16.)

The General Assembly finds that: (1) Computer related crime is a growing problem in the government and in the private sector; (2) Such crime occurs at great cost to the public, since losses for each incident of computer crime tend to be far greater than the losses associated with…

As used in this article, the term: (1) ‘‘Computer’’ means an electronic, magnetic, optical, hydraulic, electrochemical, or organic device or group of devices which, pursuant to a computer program, to human instruction, or to permanent instructions contained in the device or group…

General provisions, §16-8-13. SECURED TRANSACTIONS. Property subject to security interest. Destruction, removal, concealment, etc., §16-9-51. SECURITY INTERESTS. Endangering security interest. Property subject to security interest. Fraudulent destruction, removal, concealment, et…

SunTrust Bank, 299 Ga. 459, 788 S.E.2d 787 (2016), cert. denied, 137 S. Ct. 571, 196 L. Ed. 2d 447 (U.S. 2016). Truthfulness of statements made about defendant is question of fact for the jury. Hub Motor Co. v. Zurawski, 157 Ga. App. 850, 278 S.E.2d 689 (1981). Truthfulness is a …

For the purpose of venue under this article, any violation of this article shall be considered to have been committed: 553 T.16, C.9, A.6, P.2 (1) In the county of the principal place of business in this state of the owner of a computer, computer network, or any part thereof; (2)…

Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. (Code 1933, § 26-2302, enacted by Ga. L. 1968, p. 1249, § 1.)

Agan, 259 Ga. 541, 384 S.E.2d 863 (1989), cert. denied, 494 U.S. 1057, 110 S. Ct. 1526, 108 L. Ed. 2d 765 (1990). Transfer may come within definition of ‘‘contribution.’’ — Transfer that is a bribe as defined in O.C.G.A. § 16-10-2 also may come within the definition of ‘‘contribu…

(a) As used in this Code section, the term ‘‘document’’ means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form and shall include, but shall not be limited to, liens, encumbrances, document…

(a) A person commits the offense of conspiracy to defraud the state when he conspires or agrees with another to commit theft of any 626 16-10-21 property which belongs to the state or to any agency thereof or which is under the control or possession of a state officer or employee…

Purchases. Failing to pay for, §16-9-58. PURCHASING. Government issued financial transaction cards. Unauthorized use, §16-9-37. Medical marijuana. Access to medical cannabis. Contracts, licenses granted pursuant to, §16-12-221. PURCHASING CONTROLLED SUBSTANCE OR MARIJUANA, §16-13-…

A person who falsely holds himself out as a peace officer or other public officer or employee with intent to mislead another into believing that he is actually such officer commits the offense of impersonating an officer and, upon conviction thereof, shall be punished by a fine o…

State, 292 Ga. App. 184, 663 S.E.2d 809 (2008). An officer had probable cause to arrest 646 the defendant for disorderly conduct, O.C.G.A. § 16-11-39, based on the defendant’s yelling obscenities at the officer. Therefore, the defendant’s claim that the defendant was entitled to …

(a) As used in this Code section, the term ‘‘firefighter’’ means: (1) Any person who is employed as a professional firefighter on a full-time basis for at least 40 hours per week by any county, municipal, or state fire department when such person has responsibility for preventing…

Computer security act of 2005, §16-9-156. Crimes, improper sexual contact by employee or agent, §16-6-5.1. Employer. Use of Internet or email to induce person to provide personal information by posing as a business, §16-9-109.1. End user. Telephone records privacy protection, §16…

Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person from making or completing a 9-1-1 telephone call or a call to any law enforcement agency to request police protection or to…

(a) As used in this Code section, the term ‘‘park ranger’’ means any person, other than a law enforcement officer and other individuals 671 16-10-24.4 covered under Code Section 16-10-24, however designated, who is employed by the state, any political subdivision of the state, or…

A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor. (Code 1933, § 26-2506, enacted by Ga. L. 19…

Hiring employees with prior criminal background, §16-12-1.1. Rioting, §16-11-30. Inciting to riot, §16-11-31. Schools and education. Direction to leave campus or facility. Failure to leave, §16-11-35. Security interest. Destruction, removal, etc., of property subject to, §16-9-51…