Title 16

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…

(a) For purposes of this Code section, the term ‘‘foreclosure fraud’’ shall include any of the following: knowingly or willfully representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling pl…

(a) A person commits the crime of misrepresenting the origin or ownership of timber or agricultural commodities when, in the course of a sale, attempted sale, delivery, or other completed or attempted transaction regarding timber or agricultural commodities, he or she knowingly, …

(a) As used in this Code section, the term: (1) ‘‘Automated sales suppression device’’ or ‘‘zapper’’ means a software program, carried on a memory stick or removable compact disc, accessed through an Internet link, or accessed through any other means, that falsifies the electroni…

(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…

(a) As used in this Code section, the term ‘‘firearm’’ shall have the same meaning as set forth in division (a)(6)(A)(iii) of Code Section 16-8-12. (b) A person commits the offense of criminal use of an article with an altered identification mark when he or she buys, sells, recei…

(a) It shall be unlawful for any person without the express permission of the owner or lessee of an animal to remove a collar, tag, tattoo, or any identification mark artificially attached to or imprinted on an animal for the purposes of identification which causes or is likely t…

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.)

(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 …

(a) Any crime committed in violation of this part shall be considered a separate offense. (b) The provisions of this part shall not be construed as limiting or precluding the application of any other provision of law which applies to any transaction or course of conduct which vio…

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 cial e-mail over its computer network. (Code 1981, § 16-9-107, enacted by Ga. L. 2005, p. 199, § 4/SB 62.) PART 3 INVESTIGATION OF VIOLAT…

(a) In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer in furtherance of the act, …

(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 …

(a) As used in this part, the term: (1) ‘‘E-mail message’’ means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the ‘‘local part,’’ and a reference to an Internet domain, c…

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…

(a) Computer theft. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of: (1) Taking or appropriating any property of another, whether or not with the intention of depriving the owner of possession; (2) Obt…

For the purpose of venue under this article, any violation of this article shall be considered to have been committed: (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) In any county in which …

(a) It shall be unlawful for any person, firm, or corporation knowingly to sell, transfer, or otherwise convey any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C. Section 7401 …

(a) As used in this Code section, the term: (1) ‘‘Air bag’’ means a device that is part of a motor vehicle inflatable occupant restraint system, and all component parts, that operate in the event of a collision and is designed in accordance with federal motor vehicle safety stand…

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…

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.)

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…

Any business victim who is injured by reason of any violation of this article shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such business victim may also recover attorney’s fees in the trial and appellate courts and the co…

(a) Any consumer victim who suffers injury or damages as a result of a violation of this article may bring an action individually or as a representative of a class against the person or persons engaged in such violations under the rules of civil procedure to seek equitable injunc…

Whenever an investigation has been conducted by the Attorney General under this article and such investigation reveals conduct which constitutes a criminal offense, the Attorney General shall have the authority to prosecute such cases or forward the results of such investigation …

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.)

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…

(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…

(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 do any of the following with regard to such computer: (1) Induce an authorized user to install a software component onto the computer…

(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…