Title 16 — Crimes and Offenses
0 chapters · 658 sections in this title.
O.C.G.A. § 16-12-120 Statutory rape, §16-6-3
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Suicide. Assisted suicide, §16-5-5. Surveillance violations, §16-11-69. Terroristic threats or acts, §16-11-37. Antiterroristic training. Prohibited training, §16-11-151. Theft. Conversion of payments for realty improvements, §16-8-15. Entering motor vehicle with intent to commit…
O.C.G.A. § 16-12-120.1 Fighting in public place, §16-11-32
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Fighting words, §16-11-39. Film piracy, §16-8-62. Film previews. Display of restricted previews to general audiences, §16-12-85. Firefighters. Obstructing or hindering, §16-10-24.1. Fireworks, obstructing first responder with, §16-10-35. Fires. Official request at fire. Refusal to o…
O.C.G.A. § 16-12-121 Short title
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This part shall be known and may be cited as the “Transportation Passenger Safety Act.” History. Ga. L. 1978, p. 2238, § 1; Ga. L. 1988, p. 415, § 2; Ga. L. 2002, p. 1094, § 5. Editor’s notes. Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides: “This Act sha…
O.C.G.A. § 16-12-122 Definitions
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As used in this part, the term: (1) “Aircraft” means any machine, whether heavier or lighter than air, used or designed for navigation of or flight in the air. (2) “Avoid a security measure” means to take any action that is intended to result in any person, baggage, container, or …
O.C.G.A. § 16-12-123 False identification documents
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Manufacturing, selling, etc., §16-9-4. Family violence battery. Second or subsequent conviction, §16-5-23.1. Filing false documents, §16-10-20.1. Film piracy, §16-8-62. Financial transaction cards. Illegal use, §16-9-38. Fines imposed in sentencing. Anatomical gifts. Trafficking …
O.C.G.A. § 16-12-124 Bail jumping, §16-10-51
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Battery, §16-5-23.1. Aggravated battery, §16-5-24. Sexual battery, §16-6-22.2. Upon student or teacher in school safety zone, §16-5-24. Bestiality, §16-6-6. Bigamy, §16-6-20. Marrying a bigamist, §16-6-21. Bingo laws. Violations, §16-12-62. Bomb scares. Unlawful request for emerg…
O.C.G.A. § 16-12-125 Avoiding or interfering with security measures; penalty; exemption
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(a) Except as otherwise provided in this Code section, it shall be unlawful for any person to avoid or interfere with a properly functioning security measure. Any person convicted of a violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature…
O.C.G.A. § 16-12-127 Training prohibited, §16-11-151
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INCEST, §16-6-22. Abortion. Incest as cause of pregnancy. Permissible abortions, §16-12-141. INCITING TO RIOT, §16-11-31. Fighting words, §16-11-39. Insurrections, §16-11-3. INCLUDED OFFENSES, §16-1-7. INCOME TAXES. Business enterprise tax credits. Existing manufacturing faciliti…
O.C.G.A. § 16-12-128 Spam email
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Civil actions, §16-9-105. No cause of action against service providers, §16-9-107. Street gangs. Seizure and forfeiture of property. Civil action barred by criminal conviction, §16-15-8. Telephone records brokers. Purchase, sale, release of records of Georgia residents, §16-11-70…
O.C.G.A. § 16-12-129 Rape
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Victim wife of defendant not defense to charge, §16-6-1. Self-defense, §16-3-21. Carrying concealed weapons. Absolute defense to violation of part, §16-11-138. Immunity from prosecution, §16-3-24.2. DEFENSES —Cont’d Self-defense —Cont’d Machine guns, sawed-off shotguns, sawed-off…
O.C.G.A. § 16-12-140 Criminal abortion
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(a) A person commits the offense of criminal abortion when, in violation of Code Section 16-12-141, he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to prod…
O.C.G.A. § 16-12-141 Sustained life
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Medical aid if child capable of sustained life, §16-12-141. 797 INDEX ABUSIVE LANGUAGE. Assault and battery. Simple assault or simple battery. Justification, §16-5-25. ACCEPTING BRIBE. Influencing outcome of athletic contest, sporting event or exhibition, §16-12-34. ACCESS TO MEDIC…
O.C.G.A. § 16-12-141.1 First trimester
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Circumstances for abortion after first trimester, §16-12-141. ABORTION —Cont’d Heartbeat of fetus, determination of presence. Detectable human heartbeat. Defined, §16-12-141. Hospital or health facility records. Availability to district attorneys, §16-12-141. Hospitals, medical fac…
O.C.G.A. § 16-12-142 Drug overdoses
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Naloxone. Permissible uses, §16-13-71. Drugs for terminating pregnancy. Objections to filling prescriptions, §16-12-142. Ephedrine and pseudoephedrine, possession of substances containing. Immunity from liability for pharmacy in compliance with provisions, §16-13-30.3. Purchase of…
O.C.G.A. § 16-12-143 Failure to file or maintain required written reports
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A person who fails to file or maintain in complete form any of the written reports required in this article within the time set forth is guilty of a misdemeanor. History. Code 1933, § 26-1203, enacted by Ga. L. 1973, p. 635, § 1. 16-12-144. Partial-birth abortions.
O.C.G.A. § 16-12-144 Partial-birth abortions
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(a) As used in this Code section, the term: (1) “Fetus” means the biological offspring of human parents. (2) “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before ending the life of the fetu…
O.C.G.A. § 16-12-160 Anhydrous ammonia
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Unlawful possession, §16-11-111. Animals. Buses, rapid rail cars or stations. Carrying or possessing live animals aboard, §16-12-120. Dogfighting, §16-12-37. Interfering with or harming public safety of search and rescue animals, §16-11-107. Antiterroristic training. Prohibited tr…
O.C.G.A. § 16-12-161 Sexual offenses, §16-6-7
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COSMETOLOGISTS AND BARBERS. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. COSTS. Computer security act violations. Civil actions, §16-9-155. Concealed weapons permit. Privacy rights regarding loc…
O.C.G.A. § 16-12-170 Definitions
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As used in this article, the term: (1) “Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Such term shall not include any tobacco product,…
O.C.G.A. § 16-12-171 Prohibited acts
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(a)(1) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to any individual under the age of 21 years; (B) Purchase any cigarette…
O.C.G.A. § 16-12-172 Posting signs in place of business
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(a) Any person owning or operating a place of business in which cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statemen…
O.C.G.A. § 16-12-173 Sales from vending machines
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(a)(1) Any person that maintains in such person’s place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall place or cause to be placed in a conspicuous place on such vending m…
O.C.G.A. § 16-12-174 Distribution of tobacco product samples
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(a) As used in this Code section, the term “tobacco product sample” means a cigarette, tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost for purposes of promoting the product. (b) It shall be unlawful for any p…
O.C.G.A. § 16-12-176 Administration and enforcement
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The state revenue commissioner shall administer and enforce this article and may make reasonable rules and regulations for its administration and enforcement. The state revenue commissioner may designate employees of the Department of Revenue for the purpose of administering and …
O.C.G.A. § 16-12-190 Definition
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As used in this article, the term “low THC oil” means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not …
O.C.G.A. § 16-12-191 Universities and colleges
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Hazing, §16-5-61. Weapons. Carrying concealed weapon, license prohibitions, §16-11-129. Firearms. Discharging while under the influence, §16-11-134. DRUGS —Cont’d Weapons —Cont’d Firearms —Cont’d Possession during commission of crime or attempt to commit crime of trafficking in dr…
O.C.G.A. § 16-12-2 Smoking in public places
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(a) A person smoking tobacco in violation of Chapter 12A of Title 31 shall be guilty of a misdemeanor and, if convicted, shall be punished by a fine of not less than $100.00 nor more than $500.00. (b) This Code section shall be cumulative to and shall not prohibit the enactment of…
O.C.G.A. § 16-12-20 Definitions
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As used in this part, the term: (1) “Bet” means an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value. A bet does not include: (A) Contracts of indemnity or guaranty or life, health, property, or accident insu…
O.C.G.A. § 16-12-200 Definitions
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As used in this article, the term: (1) “Applicant” means a corporate entity applying for a license pursuant to this article. (2) “Available capital” means corporate assets that are available to fund business operations in the event a license is awarded pursuant to Part 2 of this …
O.C.G.A. § 16-12-203 Powers, duties, and responsibilities
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The commission shall have the following powers, duties, and responsibilities: (1) To apply for, receive, and administer state funds appropriated to the commission, private grants and donations, and other funds and donations. The commission’s annual distributions shall be capped a…
O.C.G.A. § 16-12-206 Annual, nontransferable dispensing license; adoption of rules; fees
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(a)(1) Upon request by a licensed pharmacy in this state, the State Board of Pharmacy shall be authorized to develop an annual, nontransferable specialty dispensing license for an independent pharmacy with a registered office located within this state to dispense low THC oil and …
O.C.G.A. § 16-12-207 Definitions
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Prohibited acts. Posting signs in place of business. Sales from vending machines. Distribution of tobacco product samples. Enforcement actions; collection and report of fines; inspections by law enforcement agencies; annual report. Administration and enforcement. ROLE OF COMMISSIO…
O.C.G.A. § 16-12-21 Gambling
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(a) A person commits the offense of gambling when he: (1) Makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest; (2) Makes a bet upon the result of any political nomination, appointment, or election o…
O.C.G.A. § 16-12-213 Tracking systems required
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(a) The commission shall require that each Class 1 production licensee and Class 2 production licensee establish, maintain, and 191 16-12-213 utilize, directly or by contract, a tracking system. The commission shall approve one or more vendors to provide or operate tracking syste…
O.C.G.A. § 16-12-214 Study on minority and women participation; addressing discrimination
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(a) Beginning January 1, 2022, the commission shall undertake a retrospective study of the participation of minority and women owned businesses as licensees under this part for the period from January 1, 2020, through December 31, 2021. Thereafter, the commission shall conduct su…
O.C.G.A. § 16-12-215 Covered file-sharing program
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Computer security act of 2005, §16-9-151. Credit repair services organization.
O.C.G.A. § 16-12-216 Inspections of facilities of licensees
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On-demand access, §16-12-217. Grow. Defined, §16-12-200. Prohibition on producing, growing, etc, of product except pursuant to provisions, §16-12-201. Implementation of provisions. Powers and duties of commission, §16-12-210. 950 INDEX MEDICAL MARIJUANA —Cont’d Access to medical c…
O.C.G.A. § 16-12-217 PEACHES
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Purchases. Failing to pay for, §16-9-58. PECAN DEALERS AND PROCESSORS. Controlled substances. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. PENALTIES —Cont’d Nude or sexually explicit electronic transmi…
O.C.G.A. § 16-12-218 No eligibility for tax credit
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A licensee shall not be eligible for any tax credit allowed pursuant to any of the following Code Sections: 48-7-29.8, 48-7-29.11, 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.5, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.12, 48-7-40.17, 48-7-40.18, 48-7-40.20, 48-7…
O.C.G.A. § 16-12-219 Convicted felons prohibited from employment; exception
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(a) No individual convicted of a drug related felony shall be eligible to work as an employee of a licensee or otherwise participate in the business activities of a licensee conducted pursuant to this part unless the conviction has been expunged or the individual has been pardone…
O.C.G.A. § 16-12-22 Commercial gambling
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(a) A person commits the offense of commercial gambling when he intentionally does any of the following acts: (1) Operates or participates in the earnings of a gambling place; (2) Receives, records, or forwards a bet or offer to bet; (3) For gain, becomes a custodian of anything …
O.C.G.A. § 16-12-22.1 Raffles operated by nonprofit, tax-exempt organizations
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(a) It is the intention of the General Assembly that only nonprofit, tax-exempt churches, schools, civic organizations, or related support groups; nonprofit organizations qualified under Section 501(c) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations appr…
O.C.G.A. § 16-12-220 Confidential nature of data; exclusion; patient privacy
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(a) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commission pursuant to the activities conducted pursuant to this part, other than information published in an official commission report regarding the activities cond…
O.C.G.A. § 16-12-221 Convicted felons
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Restrictions on employment or other participation, §16-12-219. Covered entities. Operations in proximity to covered entities. Restrictions on operations of licensees, §16-12-215. Criminal offenses by licensee or licensee’s employees, §16-12-225. Definitions, §16-12-200. Designated…
O.C.G.A. § 16-12-222 Class 2 production licenses
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Activities permitted under license, §16-12-212. Commission (Georgia access to medical cannabis commission). Issuance by commission, §16-12-212. Studies identifying proof of discrimination, commission responses, §16-12-214. Competitive application and review process, §16-12-212. D…
O.C.G.A. § 16-12-223 Revocation of license; appeal
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(a) A license shall be revoked by the commission if the licensee: (1) Holds ownership interest in more than one category of license issued under this article; (2) Knowingly employs individuals convicted of a felony within the previous ten years unless the conviction has been expu…
O.C.G.A. § 16-12-224 MEDICAL RECORDS
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Alteration. Criminal alteration, §16-10-94.1. Destruction. Criminal destruction, §16-10-94.1. Falsification. Criminal falsification, §16-10-94.1. MEDICAL WASTE. Waste control laws, §§16-7-51 to 16-7-56. MEDICINE.
O.C.G.A. § 16-12-225 Criminal offenses; penalty
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(a) A licensee or licensee’s employee who knowingly or willfully encourages, causes, abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC oil, products, or its manufacturing by-products, or criminal distribution of raw materials and agricult…
O.C.G.A. § 16-12-226 Sales and use taxes applicable
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The sale of low THC oil and products authorized by this article shall be subject to all applicable sales and use taxes. History. Code 1981, § 16-12-226, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 18/SB 195. Editor’s notes. Ga. L. 2021, p. 184, § 28/SB 195, …
O.C.G.A. § 16-12-23 KIDNAPPING, §16-5-40
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Continuous offense, §16-5-40. Incidental movement, §16-5-40. Merger with other offense, prohibition, §16-5-40. Movement sufficient to constitute offense, §16-5-40. Punishment, §16-5-40. Separate offense, §16-5-40. Sexual felony, previous conviction. Kidnapping of victim under 14 …