Title 16 — Crimes and Offenses
0 chapters · 658 sections in this title.
O.C.G.A. § 16-11-37 Terroristic threats and acts; penalties
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(a) As used in this Code section, the term ‘‘hazardous substance’’ shall have the same meaning as set forth in Code Section 12-8-92. (b)(1) A person commits the offense of a terroristic threat when he or she threatens to: (A) Commit any crime of violence; (B) Release any hazardou…
O.C.G.A. § 16-11-37.1 FLASH DRIVES
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Criminal reproduction, §16-8-60. FLASHING. Public indecency, §16-6-8. FLASH POWDER. Explosive materials, §16-7-81. FLEA MEDICINE FOR ANIMALS. Spinosad. Dangerous drugs. Substances included in definition, §16-13-71. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICERS. Harboring or aidin…
O.C.G.A. § 16-11-38 Wearing mask, hood, or device which conceals identity of wearer
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(a) A person is guilty of a misdemeanor when he wears a mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer and is upon any public way or public property or upon the private property of another withou…
O.C.G.A. § 16-11-39 Disorderly conduct
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(a) A person commits the offense of disorderly conduct when such person commits any of the following: 782 16-11-39 (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person’s life, limb, or healt…
O.C.G.A. § 16-11-39.1 Harassing communications; venue; separate offenses; impact on free speech
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(a) A person commits the offense of harassing communications if such person: (1) Contacts another person repeatedly via telecommunication, e-mail, text messaging, or any other form of electronic communication for the purpose of harassing, molesting, threatening, or intimidating s…
O.C.G.A. § 16-11-39.2 Unlawful conduct during 9-1-1 call
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(a) As used in this Code section, the term: (1) ‘‘Call’’ shall have the same meaning as set forth in paragraph (2.1) of Code Section 46-5-122. (2) ‘‘False report’’ means the fabrication of an incident or crime or of material information relating to an incident or crime which the …
O.C.G.A. § 16-11-4 Advocating overthrow of government
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(a) As used in this Code section, the term: (1) ‘‘Organization’’ means any corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associat…
O.C.G.A. § 16-11-40 Unlawful use of emergency exit door; penalty
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It shall be unlawful to use an emergency exit door after having violated Code Section 16-8-14. Any person convicted of violating this Code section shall be guilty of and punished as for a misdemeanor. (Code 1981, § 16-11-40, enacted by Ga. L. 2018, p. 342, § 1/HB 890.) 795 Effect…
O.C.G.A. § 16-11-40.1 Definitions; identification of minors; criminal offense
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(a) As used in this Code section, the term: (1) ‘‘Minor’’ means an individual who is under the age of 18 years. (2) ‘‘Nudity’’ shall have the same meaning as set forth in Code Section 16-11-90. (3) ‘‘Obscene depiction’’ means a visual depiction of an individual displaying nudity …
O.C.G.A. § 16-11-41 Public drunkenness
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(a) A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or…
O.C.G.A. § 16-11-42 Solicitors
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False statements, §16-9-54. Terrorism. Domestic terrorism. Generally, §§16-11-220 to 16-11-224. Theft of services, §16-9-39. Unlawful request for emergency services assistance, §16-10-28. TELEPHONE SOLICITORS. False statements, §16-9-54. TELEVISION. Income tax credits. Film, gami…
O.C.G.A. § 16-11-43 Hoover v
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State, 198 Ga. App. 481, 402 S.E.2d 92 (1991). No merger with obstructing law enforcement officer conviction. — It was not error to refuse to merge the defendant’s convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. §§ 16-10-24 and…
O.C.G.A. § 16-11-43.1 Obstructing, §16-11-43
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Hijacking. Aircraft, §16-5-44. Buses or railroads, §16-12-123. Motor vehicles, §16-5-44.1. Hindering. Apprehension and conviction of criminal, §16-10-50. Emergency medical technicians, §16-10-24.2. Emergency telephone calls, §16-10-24.3. Fireworks, obstructing first responder with…
O.C.G.A. § 16-11-44 Maintaining a disorderly house
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A person who keeps and maintains, either by himself or others, a common, ill-governed, and disorderly house, to the encouragement of gaming, drinking, or other misbehavior, or to the common disturbance of the neighborhood or orderly citizens, is guilty of a misdemeanor. (Laws 183…
O.C.G.A. § 16-11-45 Use of laser against aircraft
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(a) As used in this Code section, the term: (1) ‘‘Laser’’ means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser. (2) ‘‘Laser pointer’’ mean…
O.C.G.A. § 16-11-5 Short title
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This part may be cited as the ‘‘Sedition and Subversive Activities Act of 1953.’’ (Ga. L. 1953, Jan.-Feb. Sess., p. 216, § 12; Ga. L. 1953, Nov.-Dec. Sess., p. 73, § 1.) 16-11-6. Definitions.
O.C.G.A. § 16-11-6 Definitions
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As used in this part, the term: (1) ‘‘Foreign government’’ means the government of any country, nation, or group of nations other than the government of the United States of America or of one of the states thereof. (2) ‘‘Foreign subversive organizations’’ means any organization d…
O.C.G.A. § 16-11-60 Definitions
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As used within this part, the term: (1) ‘‘Device’’ means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation ele…
O.C.G.A. § 16-11-61 Peeping Toms
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(a) It shall be unlawful for any person to be a ‘‘peeping Tom’’ on or about the premises of another or to go about or upon the premises of another for the purpose of becoming a ‘‘peeping Tom.’’ (b) As used in this Code section, the term ‘‘peeping Tom’’ means a person who peeps th…
O.C.G.A. § 16-11-62 Invasion of privacy
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Filming or viewing underneath or through clothing to view intimate body parts or undergarments. Business or store surveillance measures not barred by prohibition, §16-11-91. Law enforcement officers, §16-11-64. Court orders. Use of pen register or trap and trace device, §16-11-64…
O.C.G.A. § 16-11-63 Egregious litter
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Waste control law, §16-7-51. Elder person. Neglect of disabled adult, elder person or resident of long-term care facility, §16-5-100. Electronically furnishes. Electronically furnishing obscene material, §16-12-100.1. Electronic cash register. Sales suppression devices, §16-9-62.…
O.C.G.A. § 16-11-64 Definitions
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Agent, §16-2-22. Bad check, §16-9-20. Bingo, §16-12-51. Business preparing federal or state income tax returns or assisting taxpayers in preparing such returns, §16-11-80. Computer-related offenses, §16-9-92. Contributing to delinquency or dependency of a minor, §16-12-1. Correct…
O.C.G.A. § 16-11-64.3 Emergency situation; application for an investigation warrant
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(a) Notwithstanding any other provision of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over the emergency situation described herein or where the observation, monitoring, or recording of the activities of an…
O.C.G.A. § 16-11-65 E-CIGARETTES
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Medical marijuana. Access to medical cannabis. Dispensing and distribution generally. Methods of ingesting low THC oil or products. Prohibited methods, §16-12-234. Sale, possession, etc., of cigarettes and tobacco related objects by underage individuals, §§16-12-170 to 16-12-176.…
O.C.G.A. § 16-11-66 Definitions
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Peeping Toms. Eavesdropping, surveillance, or intercepting communication which invades privacy of another; divulging private message. Possession, sale, or distribution of eavesdropping devices. Interception of wire or oral transmissions by law enforcement officers. Application an…
O.C.G.A. § 16-11-67 Admissibility of evidence obtained in violation of part
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No evidence obtained in a manner which violates any of the provisions of this part shall be admissible in any court of this state except to prove violations of this part. (Ga. L. 1967, p. 844, § 1; Code 1933, § 26-3007, enacted by Ga. L. 1968, p. 1249, § 1.)
O.C.G.A. § 16-11-68 Admissibility of privileged communications
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Nothing contained within this part shall permit the introduction into evidence of any communication which is privileged by the laws of this state or by the decisions of the appellate courts thereof. (Ga. L. 1967, p. 844, § 1; Code 1933, § 26-3008, enacted by Ga. L. 1968, p. 1249,…
O.C.G.A. § 16-11-69 Peace officer organization
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False representation as representative, §16-9-57. Legislative action. Influencing, §16-10-4. FINES —Cont’d Liens. Filing false documents, §16-10-20.1. Littering, §16-7-43. Livestock. Theft, §16-8-20. Livestock theft, §16-8-20. Low THC oil, possession, purchase and use. Violations,…
O.C.G.A. § 16-11-70 Telephone records privacy protection
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(a) As used in this Code section, the term: (1) ‘‘End user’’ means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not …
O.C.G.A. § 16-11-8 PUBLIC TRANSPORTATION
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Carrying weapons on. Lawful weapons carriers, §16-11-126. PUBLIC TRANSPORTATION —Cont’d Criminal damage to property in first degree, §16-7-22. Domestic terrorism. Definition of public transportation system, §16-11-220. Terroristic threats or acts, §16-11-37. PUBLIC TRANSPORTATION S…
O.C.G.A. § 16-11-80 Disclosure of information
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Misdemeanor for violation of provisions, §16-11-83. Preparation of federal or state returns, §16-11-81. Contacting taxpayer to obtain written consent, §16-11-82. Energy and water conservation. Credits. Qualified equipment reducing business and domestic energy or water usage. Medic…
O.C.G.A. § 16-11-82 Contacting taxpayer to obtain written consent
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Contacting a taxpayer to obtain his written consent to disclosure does not constitute a violation of this part. (Ga. L. 1972, p. 446, § 3.) 841 16-11-90 16-11-83. Penalty for violations of part.
O.C.G.A. § 16-11-83 Penalty for violations of part
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Any person violating the provisions of this part shall be guilty of a misdemeanor. (Ga. L. 1972, p. 446, § 4.) PART 3 INVASION OF PRIVACY 16-11-90. Prohibition on nude or sexually explicit electronic transmissions. (a) As used in this Code section, the term: (1) ‘‘Harassment’’ me…
O.C.G.A. § 16-11-9 RECREATION PROFESSIONALS
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Controlled substances. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. RECTUM. Sexual exploitation of children. Penetration, §16-12-100. Sodomy, §16-6-2. 1001 INDEX RECYCLING. Income taxes credits. Recycl…
O.C.G.A. § 16-11-90 Sexual extortion
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Coercion to distribute sexually explicit image of individual, §16-11-92. Social networking websites, access by high-risk sexual offenders, §16-12-100.4. Spam email, §§16-9-100 to 16-9-107.
O.C.G.A. § 16-11-91 URGENT CARE CENTERS
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Human trafficking hotline information to be posted, §16-5-47. 1029 INDEX VANS. Assault in public transit vehicle or station. Aggravated assault, §16-5-21. Simple assault, §16-5-20. Battery in public transit vehicle or station, §16-5-23.1. Aggravated battery, §16-5-24. Simple batt…
O.C.G.A. § 16-11-92 Firearms
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Employer parking lot for employees or invited guests. Privacy rights regarding locked vehicles containing firearms locked out of sight, §16-11-135. Motor vehicles. Employer parking lot for employees or invited guests. Privacy rights regarding locked vehicles containing firearms loc…
O.C.G.A. § 16-12-1 Deprived children
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Contributing to delinquency or dependency of a minor. Punishment, §16-12-1. Probation. Firearms. Carrying weapons and firearms. Exemption from provisions, §16-11-130. Intimidation or injury to court officer, §16-10-97. Obstructing or hindering officers, §16-10-24. Terroristic thre…
O.C.G.A. § 16-12-1.1 Opiate
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Controlled substances, §16-13-21. Opium poppy. Controlled substances, §16-13-21. Organization. Advocating overthrow of government, §16-11-4. Sedition and subversive activities, §16-11-6. Organized militia.
O.C.G.A. § 16-12-100 Aman v
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State, 261 Ga. 669, 409 S.E.2d 645, 1991 Ga. LEXIS 831 (1991). Terms genitals and pubic area in O.C.G.A. § 16-12-100(a)(4)(D), as to exploitation of children, do not include buttocks or breasts. Weyer v. State, 333 Ga. App. 706, 776 S.E.2d 304, 2015 Ga. App. LEXIS 504 (2015). “Vi…
O.C.G.A. § 16-12-100.1 Electronically furnishing obscene material to minors
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(a) As used in this Code section, the term: (1) “Bulletin board system” means a computer data and file service that is accessed wirelessly or by physical connection to store and transmit information. (2) “CD-ROM” means a compact disc with read only memory which has the capacity to…
O.C.G.A. § 16-12-100.2 Computer or electronic pornography and child exploitation prevention
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(a) This Code section shall be known and may be cited as the “Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007.” (b) As used in this Code section, the term: (1) “Child” means any person under the age of 16 years. (2) “Electronic device” means any d…
O.C.G.A. § 16-12-100.3 Obscene telephone contact; conviction; penalties
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(a) As used in this Code section, the terms “sexual conduct,” “sexual excitement,” and “sadomasochistic abuse” have the same meanings as provided for those terms in Code Section 16-12-100.1, relating to electronically furnishing obscene materials to minors; the term “sexually exp…
O.C.G.A. § 16-12-100.4 CENTRUROIDES SCORPION
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Dangerous drugs. Substances included in definition, §16-13-71. CERTIFICATE OF SATISFACTORY COMPLETION. Hunter education course, §16-11-108. CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS. Racketeer influenced and corrupt organizations. Civil remedies, §16-14-6. CERTIFICATES OF …
O.C.G.A. § 16-12-100.5 Grooming of a minor for a sexual offense or trafficking for sexual servitude
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(a) As used in this Code section, the term: (1) “Computer” has the same meaning as provided in Code Section 16-9-92. (2) “Electronic device” has the same meaning as provided in Code Section 16-12-100.2. (3) “Minor” means any person under the age of 18 years. (4) “Pattern of condu…
O.C.G.A. § 16-12-101 Legislative purpose
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The General Assembly finds that the sale, loan, and exhibition of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales, loans, and exhibition and the consequent protection of minors from harmful ma…
O.C.G.A. § 16-12-102 Definitions
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As used in this part, the term: (1) “Harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, o…
O.C.G.A. § 16-12-103 Video movie
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Offense of failure to display official rating, §16-8-61. Visual bodily harm. Battery, §16-5-23.1. Visual depiction. Computer pornography and child exploitation, §16-12-100.2. Visual medium. Child sexual exploitation, §16-12-100. Vital public service. Criminal damage to property i…
O.C.G.A. § 16-12-104 Library exception
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The provisions of Code Section 16-12-103 shall not apply to any public library operated by the state or any of its political subdivisions nor to any library operated as a part of any school, college, or university. History. Code 1981, § 16-12-104, enacted by Ga. L. 1984, p. 1495,…
O.C.G.A. § 16-12-105 Penalty
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(a) Except as provided in subsection (b) of this Code section, any person who violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature. (b) Any person who violates subsection (a) of Code Section 16-12-103 shall…