Title 16 — Crimes and Offenses
0 chapters · 658 sections in this title.
O.C.G.A. § 16-12-230 Requirements for dispensing low THC oil and products
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(a) Low THC oil and products shall only be dispensed to registered patients in this state by a dispensing licensee or directly from the commission pursuant to this article. (b) A pharmacist who dispenses low THC oil or products shall seek and review information on a registered pa…
O.C.G.A. § 16-12-231 Exemptions from arrest, prosecutions, or penalty
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The following persons and entities, when acting in accordance with the provisions of this article, shall not be subject to arrest, prosecution, 203 16-12-233 or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board…
O.C.G.A. § 16-12-232 Reimbursement to state employees for counsel fees
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16-12-233. Contracts not against public policy. 16-12-234. Unlawful ways to ingest low THC oil or products. 16-12-235. Research in compliance with federal regulations. 16-12-235.1. Possession of THC oil and products by colleges and universities for research purposes; permitting r…
O.C.G.A. § 16-12-233 Contracts not against public policy
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It is the intent of the General Assembly that contracts related to the 204 16-12-233 OFFENSES/HEALTH & MORALS 16-12-235 cultivation, harvesting, manufacturing, production, and distribution of cannabis solely for the manufacture of low THC oil or products pursuant to this article …
O.C.G.A. § 16-12-234 Unlawful ways to ingest low THC oil or products
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It shall be unlawful to ingest low THC oil or products in a manner that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor in a solution or other form, inc…
O.C.G.A. § 16-12-235 Research in compliance with federal regulations
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Notwithstanding anything to the contrary within this article, nothing herein shall be construed to prohibit the conduct of research involving low THC oil, cannabis, or products that is conducted in full accordance with federal regulations, including the regulations of the United …
O.C.G.A. § 16-12-235.1 Retail outlet dispensing licenses
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Low THC oil and products, dispensing to registered patients, §16-12-206. Revocation of licenses. Appeals, §16-12-223. Grounds, §16-12-223. Sales and use taxes. Applicability, §16-12-226. Samples. Testing of samples, §16-12-217. 951 INDEX MEDICAL MARIJUANA —Cont’d Access to medica…
O.C.G.A. § 16-12-236 Regulation by Department of Agriculture
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The Georgia Department of Agriculture shall not regulate any activity authorized under this article. To the extent that the Department of Agriculture is authorized under any other law of this state to regulate any activity authorized by this article, including, but not limited to…
O.C.G.A. § 16-12-24 Gambling place
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Defined, §16-12-20. Keeping, §16-12-23. Giveaway contests, §16-12-36. Keeping a gambling place, §16-12-23. Lotteries. Inapplicability of part to legally authorized lotteries, §16-12-35. Maintaining a disorderly house, §16-11-44. Promotional contests, §16-12-36.
O.C.G.A. § 16-12-25 Solicitation of another to gamble with intent to defraud or deceive
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(a) Any person who solicits another person to commit any of the following acts with the intent to defraud or deceive such person on or adjacent to the premises of any business operated for pecuniary gain shall be guilty of a felony and, upon conviction thereof, shall be punished …
O.C.G.A. § 16-12-26 Advertising commercial gambling
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(a) A person who knowingly prints, publishes, or advertises any lottery or other scheme for commercial gambling or who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device designed to serve as evidence of participation in a lottery commits the …
O.C.G.A. § 16-12-27 Advertisement or solicitation for participation in lotteries
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(a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter con…
O.C.G.A. § 16-12-28 Communicating gambling information
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(a) A person who knowingly communicates information as to bets, betting odds, or changes in betting odds or who knowingly installs or maintains equipment for the transmission or receipt of such information with the intent to further gambling commits the offense of communicating g…
O.C.G.A. § 16-12-29 Competent witnesses
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On the trial of any person for violating Code Section 16-12-21, 16-12-22, 16-12-23, or 16-12-24, any other person who may have played and bet at the same time or table shall be a competent witness. History. Laws 1833, Cobb’s 1851 Digest, pp. 815, 816.; Code 1863, § 4428; Code 186…
O.C.G.A. § 16-12-3 Emergencies
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Official request at emergency. Refusal to obey, §16-10-30. Emergency medical professionals. Hindering or obstructing, §16-10-24.2. Fireworks, obstructing first responder with, §16-10-35. Emergency medical technicians. Hindering or obstructing, §16-10-24.2. Fireworks, obstructing fi…
O.C.G.A. § 16-12-30 Definitions
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Gambling. Commercial gambling. Raffles operated by nonprofit, tax-exempt organizations. Keeping a gambling place. Possession, manufacture, or transfer of gambling device or parts; possession of antique slot machines. Solicitation of another to gamble with intent to defraud or dece…
O.C.G.A. § 16-12-32 Civil forfeiture
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(a) As used in this Code section, the terms “proceeds,” “property,” and “United States” shall have the same meanings as set forth in Code Section 9-16-2, and “enterprise” means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity cr…
O.C.G.A. § 16-12-33 Bribery of a contestant
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A person who gives, offers, or promises any reward, money, or other 56 16-12-33 OFFENSES/HEALTH & MORALS 16-12-34 thing of value to anyone who participates or expects to participate in any amateur or professional athletic contest, sporting event, or exhibition or to any coach, tr…
O.C.G.A. § 16-12-34 SPRING STICK
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Carrying weapons within school safety zones, at school functions, on school buses, etc, §16-11-127.1. SPYING. Peeping Toms, §16-11-61. SPYWARE. Georgia computer security act of 2005. General provisions, §§16-9-150 to 16-9-157. SQUATTING.
O.C.G.A. § 16-12-35 Applicability of part; penalty for violation
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(a) As used in this Code section, the term “some skill” means any presence of the following factors, alone or in combination with one another: (1) A learned power of doing a thing competently; (2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired …
O.C.G.A. § 16-12-36 TASERS
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Carrying within school safety zones, at school functions or on school property, §16-11-127.1. Law enforcement officers. Theft or removal of weapon from peace officer, correction officer, etc., §16-10-33. 1021 INDEX TASERS —Cont’d Possession during commission of or attempt to comm…
O.C.G.A. § 16-12-37 Dogfighting
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(a) As used in this Code section, the term “dog” means any domestic canine. (b) Any person who: (1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog; (2) For amusement or gain, causes any dog to fight …
O.C.G.A. § 16-12-38 Pyramid promotional schemes; exceptions; penalties
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(a) As used in this Code section, the term: 66 16-12-38 OFFENSES/HEALTH & MORALS 16-12-38 (1) “Compensation” means a payment of any money, thing of value, or financial benefit. (2) “Consideration” means the payment of cash or the purchase of goods, services, or intangible property,…
O.C.G.A. § 16-12-4 Cruelty to animals
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(a) As used in this Code section, the term: 17 16-12-4 (1) “Animal” shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence, or other structure. (2) “Malice” means: (A) An actual intent, which may be shown by…
O.C.G.A. § 16-12-5 Human body parts
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Removal from scene of death or dismemberment, §16-12-161. Human body traffic, §16-12-160. Medical cannabis, access, §§16-12-200 to 16-12-236. Obscenity and related offenses. Electronically furnishing obscene material to minors, §16-12-100.1. General provisions, §§16-12-80 to 16-1…
O.C.G.A. § 16-12-50 Legislative intent
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It is the intention of the General Assembly that, except for recreational bingo, only nonprofit, tax-exempt organizations which are properly licensed pursuant to this part shall be allowed to operate bingo games. History. Ga. L. 1977, p. 1164, § 8; Ga. L. 1978, p. 853, § 6; Ga. L.…
O.C.G.A. § 16-12-51 Definitions
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As used in this part, the term: (1) “Bingo game” or “nonprofit bingo game” means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares…
O.C.G.A. § 16-12-53 Licensing procedure; fee; renewal
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(a) Any nonprofit, tax-exempt organization desiring to obtain a license to operate bingo games shall make application to the Secretary of State on forms prescribed by the Secretary of State and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-exe…
O.C.G.A. § 16-12-56 Ownership of premises
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Restrictions, §16-12-57. Premises. Access to premises by law enforcement agencies, §16-12-54. Restrictions as to ownership, §16-12-57. Purposes of provisions, §16-12-50.
O.C.G.A. § 16-12-57 Purposes of provisions, §16-12-50
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Reports of organizations, §16-12-59. Rules and regulations. Generally, §16-12-60. Promulgation of rules, §16-12-61. Transfer of regulatory authority to secretary of state, §16-12-63. Tax-exempt status of organization. Certification, §16-12-55. Transfer of regulatory authority to s…
O.C.G.A. § 16-12-58 Age restrictions
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No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this part unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conducting of any …
O.C.G.A. § 16-12-59 Child sexual exploitation
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Duty to report, §16-12-100. Criminal offenses. False report of crime, §16-10-26. Destructive devices, detonators, explosives or hoax devices. Loss or theft, §16-7-90. Fires. Transmitting false report, §16-10-27. 1002 INDEX RESPIRATORY CARE PRACTITIONERS. Controlled substances. Pr…
O.C.G.A. § 16-12-60 Rules and regulations
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(a) A licensee that conducts or operates a bingo session shall maintain the following records for at least three years from the date on which the bingo session is conducted: (1) An itemized list of the gross receipts for each session; 75 16-12-60 (2) An itemized list of all expen…
O.C.G.A. § 16-12-62 Penalties
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Any person who operates a bingo game for which a license is required without a valid license issued by the Secretary of State as provided in this part commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished acc…
O.C.G.A. § 16-12-63 Transfer of regulatory authority over bingo; procedure and regulation
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(a) The Secretary of State shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the director of the Georgia Bureau of Investigation applicable to regulation of bingo games and recreational bingo under this part which are…
O.C.G.A. § 16-12-80 Obscene material; distribution; penalty
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(a) A person commits the offense of distributing obscene material when he sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, …
O.C.G.A. § 16-12-81 Porch piracy, §16-8-25
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Theft by possession of stolen mail, §16-8-24. MAILBOXES.
O.C.G.A. § 16-12-82 Public nuisances
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The use of any premises in violation of any of the provisions of this part shall constitute a public nuisance. History. Code 1933, § 26-2103, enacted by Ga. L. 1971, p. 344, § 2.
O.C.G.A. § 16-12-83 Contraband
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Any materials declared to be obscene by this part and advertisements for such materials are declared to be contraband. History. Code 1933, § 26-2104, enacted by Ga. L. 1971, p. 344, § 3.
O.C.G.A. § 16-12-85 Display of restricted film previews to general audiences
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(a) It shall be unlawful for any motion picture theater owner, operator, or projectionist to display to the audience within the theater scenes from a film to be shown at the theater at some future time when the viewing of that film from which the scenes are taken is restricted to a…
O.C.G.A. § 16-13-1 Drug related objects
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(a) As used in this Code section, the term: (1) “Controlled substance” shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. For the purposes of this Code section, the term “controlled substance” shall include marijuana as defined b…
O.C.G.A. § 16-13-110 Definitions
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(a) As used in this article, the term: (1) “Controlled substance” means any drug, substance, or immediate precursor included in the definition of the term “controlled substance” in paragraph (4) of Code Section 16-13-21. (2) “Convicted” or “conviction” refers to a final conviction …
O.C.G.A. § 16-13-111 Definitions, §16-13-110
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Period of applicability of article, §16-13-114. Provisions of article supplemental to power of licensing authority, §16-13-113. Pseudoephedrine.
O.C.G.A. § 16-13-112 Applicability of administrative procedures
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Administrative procedures for the implementation of this article for each licensed occupation shall be governed by the appropriate provisions applicable to each licensing authority. History. Code 1981, § 16-13-112, enacted by Ga. L. 1990, p. 2009, § 1. 16-13-113. Article as suppl…
O.C.G.A. § 16-13-113 Licenses
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Controlled substances. Sanctions against licensed persons for certain violations, §§16-13-110 to 16-13-114. Marijuana. Controlled substances. Sanctions against licensed persons for certain violations, §§16-13-110 to 16-13-114. C CAFFEINE SODIUM BENZYLIC. Dangerous drug defined, §1…
O.C.G.A. § 16-13-114 Period of applicability of article
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This article shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any licensing authority from implementing sanctions additional to or other than those provided for in this articl…
O.C.G.A. § 16-13-120 Labor servitude
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Trafficking of persons for labor or sexual servitude, §16-5-46. Laser. Laser, projecting or aiming at aircraft or flight path, §16-11-45. Laser device. Laser device, projecting against law enforcement officers, §16-10-34. 862 INDEX DEFINED TERMS —Cont’d Laser pointer. Laser, proje…
O.C.G.A. § 16-13-121 Labeling
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Counterfeiting of identifying marks, §16-13-43. Dangerous drugs.
O.C.G.A. § 16-13-122 Drug-free commercial zone
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Manufacturing, distributing, dispensing, etc. Controlled substance or marijuana in, §16-13-32.6. Drug related objects. Defined, §§16-13-1, 16-13-32. Possession and use, §16-13-32.2. Transactions in, §§16-13-32, 16-13-32.1. Possession, §§16-13-32 to 16-13-32.2. Drugs. Ephedrine and…
O.C.G.A. § 16-13-20 Short title
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This article shall be known and may be cited as the “Georgia Controlled Substances Act.” 233 History. Code 1933, § 79A-801, enacted by Ga. L. 1974, p. 221, § 1.