Title 16 — Crimes and Offenses

As used in this part, the term: (1) ‘‘Dangerous weapon’’ means any weapon commonly known as a ‘‘rocket launcher,’’ ‘‘bazooka,’’ or ‘‘recoilless rifle’’ which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon use…

Defined, §16-11-121. Enhanced criminal penalties for use of firearm with a silencer during commission of certain offenses, §16-11-160. Local laws or ordinances consistent with part authorized, §16-11-161. Use of force in defense of others, exemption, §16-11-162. SILVER. Fulminate o…

This part shall not apply to: (1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, thi…

Fraud. Residential mortgage fraud, §§16-8-100 to 16-8-106. Residential mortgage fraud, §§16-8-100 to 16-8-106. Attorney general, district attorneys. Authority to investigate and prosecute, §16-8-104. Definitions, §16-8-101. MOTIVE. Criminal intention as question of fact. Considera…

As used in this part, the term: (1) ‘‘Handgun’’ means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazin…

Family violence battery. Inapplicability to reasonable corporal punishment administered by parent to child, §16-5-23.1. Simple assault. Provision not applicable to punishment administered by parent to child, §16-5-20. Simple battery. Inapplicability of provisions to punishment ad…

(a) As used in this Code section, the term: (1) ‘‘Courthouse’’ means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (2) ‘‘Government building’’ means: (A) The building in which a government entity is housed; (B) The building wh…

Carrying weapons within school safety zones, at school functions, on school buses, etc, §16-11-127.1. School personnel carrying weapons, requirements, §16-11-130.1. VOIR DIRE. Retrial prohibited, §16-1-8. 1031 INDEX VOLUNTARY INTOXICATION. Not an excuse for criminal act or omissi…

(a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person’s control while on the premises of a nuclear power facility a weapon or long gun. Any person who violates this subsection shall be guilt…

Reserved. Repealed by Ga. L. 2010, p. 963, § 1-6/SB 308, effective June 4, 2010. Editor’s notes. — This Code section was based on Ga. L. 1910, p. 134, §§ 1, 4; Code 1933, § 26-5103; Code 1933, § 26-2903, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1430, § 3; Ga. L. 1996…

Criminal gang activity, participation, §16-15-4. Sale, possession or other offenses associated with ecstasy, §16-13-31.1. Trafficking in cocaine, illegal drugs or marijuana, §16-13-31. Data. Criminal offenses, §16-9-92. Day hauler. Human trafficking hotline information to be post…

Appointment of special assistant attorney general, §16-11-7. Questionnaire for persons seeking appointment or employment in government, §16-11-13. False swearing, §16-11-14. Notice in questionnaire, §16-11-13. Filing, §16-11-16. Membership of relative in subversive organization, …

— Pursuant to Code Section 28-9-5, in 1987, ‘‘weapons’’ was substituted for ‘‘weapon’s’’ twice in subsection (j). Editor’s notes. — Ga. L. 2010, p. 963, § 3-1, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offen…

Antigens. Dangerous drug defined, §16-13-71. SALE OF CIGARETTES AND TOBACCO RELATED PRODUCTS TO UNDERAGE INDIVIDUALS, §§16-12-170 to 16-12-176. SALE OF CONTROLLED SUBSTANCE OR MARIJUANA, §16-13-30. Wearing bulletproof vest during certain crimes, §16-11-160. SALE OF DANGEROUS DRUGS…

Discharge of firearm while under the influence, §16-11-134. Carrying concealed weapon, unlawful, §16-11-126. Carrying weapons within school safety zones, at school functions, on school buses, etc, §16-11-127.1. Discharge of firearms on property of another, §16-11-104. Discharge of g…

Exemptions, §§16-11-124, 16-11-125. Sawed-off rifle or shotgun, §§16-11-122, 16-11-123. Exemptions, §§16-11-124, 16-11-125. Silencer, §§16-11-122, 16-11-123. Exemptions, §§16-11-124, 16-11-125. Property owners or persons in control of property. Authority to have or carry, §16-11-1…

Having or carrying weapon or long gun on person, §16-11-126. Transporting handgun or long gun in private passenger vehicle, §16-11-126. National instant criminal background check system. Firearms transfers and purchases subject to, §§16-11-171, 16-11-172. NICS. National instant c…

Universities and colleges. Hazing, §16-5-61. Weapons. Discharging firearm while under the influence, §16-11-134. AIR BAGS. Criminal law and procedure. Counterfeit, nonfunctional, etc, airbags. Installation, importation, sale, etc, §16-9-111. AIRCRAFT.

Drug related objects, §16-13-32. Knowingly. Controlled substances, §16-13-1. Materials harmful to minors, §16-12-102. Kratom.

Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of this title, shall be an absolute defense to any 1019 16-11-151 violation under this part. (Code 1981, § 16-11-138, enacted by Ga. L. 2014, p. 599, § 1-10/HB 60; Ga. L. 2015, p. 5, § 16/…

(a) Every written statement made pursuant to this part by an applicant for appointment or employment or by any employee shall be deemed to have been made under oath if it contains a declaration preceding the signature of the maker to the effect that it is made under the penalties…

Filing, §16-11-16. Investigation of persons prior to appointment or employment, §16-11-13. Prosecution.

This part shall be known and may be cited as the ‘‘Georgia Antiterroristic Training Act.’’ (Code 1981, § 16-11-150, enacted by Ga. L. 1987, p. 866, § 1.)

(a) As used in this Code section, the term ‘‘dangerous weapon’’ has the same meaning as found in paragraph (1) of Code Section 16-11-121. (b) It shall be unlawful for any person to: (1) Teach, train, or demonstrate to any other person the use, application, or making of any illega…

This part shall not apply to: (1) Any act of any peace officer which is performed in the lawful performance of official duties; (2) Any training for law enforcement officers conducted by or for any police agency of the state or any political subdivision thereof or any agency of t…

SEEING-EYE DOGS. Prohibited acts, §16-11-107.1. SELENIUM SULFIDE. Dangerous drug defined, §16-13-71. SELF-DEFENSE, §16-3-21. Carrying concealed weapons. Absolute defense to violation of part, §16-11-138. Immunity from prosecution, §16-3-24.2. Machine guns, sawed-off shotguns, sawe…

Drugs, §16-13-91. INHUMANE TREATMENT OF ANIMALS. Cruelty to animals, §16-12-4. INJUNCTIONS. Chop shops, §16-8-86. Computer security act violations, §16-9-155. 932 INDEX INSPECTIONS —Cont’d Drug manufacturers, distributors or dispensers —Cont’d Warrants for inspection. Issuance an…

Bombs, explosives and chemical or biological weapons generally, §§16-7-80 to 16-7-97. Felons. Possession. Convicted felons, §16-11-131. Firearms. Actions against manufacturers, trade associations or dealers. Local lawsuits preempted, §16-11-173. Violation of prohibitions, action …

This part shall not apply to persons who use force in defense of others as provided by Code Section 16-3-21. This part is intended to supplement not to supplant Code Section 16-11-106. (Code 1981, § 16-11-162, enacted by Ga. L. 1996, p. 354, § 1.) PART 5 BRADY LAW REGULATIONS

Reserved. Repealed by Ga. L. 2005, p. 613, § 1/SB 175, effective July 1, 2005. Editor’s notes. — This Code section was based on Code 1981, § 16-11-170, enacted by Ga. L. 1995, p. 139, § 2; Ga. L. 1999, p. 81, § 16; Ga. L. 2000, p. 136, § 16. 16-11-171. Definitions.

As used in this part, the term: 1024 16-11-172 (1) ‘‘Center’’ means the Georgia Crime Information Center within the Georgia Bureau of Investigation. (2) ‘‘Dealer’’ means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq. (3) ‘‘Firearm’’ means any weapon th…

Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. National instant criminal background check system (NICS). Transfers or purchases from dealers subject to, §§16-11-171, 16-11-172. Transferring firearm to per…

Limitation on restrictions of sale or transfer, §16-11-136. Weapons. Firearms. Actions against manufacturers, trade associations or dealers. Authority reserved to state, §16-11-173. Preemption of local regulation, exceptions, §16-11-173. Knives, limitation on restrictions of sale…

(a) A person commits the offense of insurrection when he combines with others to overthrow or attempt to overthrow the representative and constitutional form of government of the state or any political subdivision thereof when the same is manifested by acts of violence. (b) A per…

Electronically furnishing obscene material, §16-12-100.1. Sale, distribution, etc., of harmful materials to minors, §16-12-102. Hazardous object. Criminal gang activity, participation, §16-15-4. Sale, possession or other offenses associated with ecstasy, §16-13-31.1. Trafficking …

Prohibited training. Authorized training. PART 4A 16-11-161. 16-11-162. Definitions; offense of transporting or moving illegal aliens; exceptions; penalties. Definitions; offense of concealing, harboring, or shielding an illegal alien; penalties; exceptions. Illegal alien defined…

As used in this article, the term: (1) ‘‘Critical infrastructure’’ means publicly or privately owned facilities, systems, functions, or assets, whether physical or virtual, providing or distributing services for the benefit of the public, including, but not limited to, energy, fu…

(a) Any person who commits domestic terrorism shall be guilty of a felony and upon conviction thereof shall be punished as follows: (1) If death results to any individual, by death, by imprisonment for life without parole, or by imprisonment for life; (2) If kidnapping occurs, by…

A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this article which the person engages in while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of this article w…

The Attorney General shall have concurrent jurisdiction with district attorneys to conduct the criminal prosecution of a violation of this article. (Code 1981, § 16-11-223, enacted by Ga. L. 2017, p. 536, § 2-2/HB 452.) 16-11-224. Construction; constitutional protections.

This article shall not be construed to infringe upon constitutionally protected speech or assembly. (Code 1981, § 16-11-224, enacted by Ga. L. 2017, p. 536, § 2-2/HB 452.) 1035

(a) A person commits the offense of inciting to insurrection when he incites others to overthrow or attempt to overthrow the representative and constitutional form of government of the state or any political subdivision thereof and he or they commit any violent act in furtherance…

(a) Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumultuous manner commit the offense of riot. (b) Any persons who violate subsection (a) of this Code section are guilty of a misdemeanor. (Laws 1833, Cobb’s 1851 Digest, p. 811…

(a) A person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, commits the offense of inciting to riot. (b) Any person who vio…

Conduct constituting, §16-11-32. Penalties, §16-11-32. Riots and civil disorders, §16-11-32. Penalties, §16-11-32. 799 INDEX AGE. Criminal responsibility, §16-3-1. AGGRAVATED CHILD MOLESTATION, §16-6-4. AGED PERSONS. Aggravated assault, §16-5-21. Battery. Aggravated battery, §16-…

A person who knowingly participates in either of the following acts or occurrences is guilty of a misdemeanor: (1) The assembly of two or more persons for the purpose of committing an unlawful act and the failure to withdraw from the assembly on being lawfully commanded to do so …

Firing of woodlands, brush, fields, etc., §16-7-63. CAMPING. Firing of woodlands, brush, fields, etc., §16-7-63. CAPSAICIN. Dangerous drugs. Exceptions to dangerous drug definition, §16-13-71. CAMPUSES. Failure to leave campus of university system when directed, §16-11-35. CAMPUS PO…

Bawdy houses, §16-6-10. Maintaining, §16-11-44. Massages in places used for prostitution, §16-6-17. DISPLAY OF FIREWORKS. Explosive materials, §16-7-81. DISPLAY OF RESTRICTED FILM PREVIEWS TO GENERAL AUDIENCES, §16-12-85. DISRUPTING LAWFUL MEETINGS, GATHERINGS OR PROCESSIONS, §16…

Drug-free school zones. Posting of signs, §16-13-32.4. SCHOOLS AND EDUCATION —Cont’d Controlled substances —Cont’d Manufacturing, distributing, possessing, etc., in, on or near schools, §16-13-32.4. Dangerous or deadly weapons. Carrying weapons within school safety zones, at scho…

(a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vic…