Title 16 — Crimes and Offenses

Institution of proceedings, §16-9-127. Penalties for violations, §16-9-126. Interfering with or harming public safety or search and rescue animals. Restitution, §16-11-107. Public transportation safety. Civil and criminal proceedings, §16-12-128. Reproduction of audio or video, c…

Law enforcement officers. Obstructing or hindering law enforcement officers, §16-10-24. Penalties, §16-10-24. OPPROBRIOUS LANGUAGE. Assault and battery. Simple assault or simple battery. Justification, §16-5-25. OCCUPATIONAL THERAPISTS. Assisted suicide, §16-5-5. Controlled substa…

To skilled nursing facility or hospice, §16-13-41. Keeping drugs in original container, §16-13-75. Schedule II controlled substances, §16-13-41. Schedule III, IV or V controlled substances, §16-13-41. Written prescriptions, §16-13-41. Dangerous drugs, §16-13-74. PRESENTMENTS. Cri…

(a) Except as otherwise provided in subsections (c), (c.1), and (d) of this Code section, prescription information submitted pursuant to Code Section 16-13-59 shall be confidential and shall not be subject to open records requirements as contained in Article 4 of Chapter 18 of Tit…

The department shall establish rules and regulations to implement the requirements of this part. Nothing in this part shall be construed to authorize the department to establish policies, rules, or regulations which limit, revise, or expand or purport to limit, revise, or expand …

(a) A dispenser who knowingly and intentionally fails to submit prescription information to the department as required by this part or knowingly and intentionally submits incorrect prescription information shall be guilty of a felony and, upon conviction thereof, shall be punishe…

GEORGIA DRUGS AND NARCOTICS AGENCY. Prescription drug monitoring program (PDMP) data base, §§16-13-57 to 16-13-65. GEORGIA ENTERTAINMENT INDUSTRY INVESTMENT ACT. Medical marijuana. Access to medical cannabis. Certain tax credits not available to licensees, §16-12-218. GIFTS. Elec…

This article shall be known and may be cited as the “Dangerous Drug Act.” 584 16-13-71 History. Code 1933, § 79A-701, enacted by Ga. L. 1967, p. 296, § 1. 16-13-70.1. Definition of terms.

Any term used in this article and not defined in this article but defined in Code Section 16-13-21 shall have the meaning provided for that term in Code Section 16-13-21. History. Code 1981, § 16-13-70.1, enacted by Ga. L. 2001, p. 816, § 3. 16-13-71. Dangerous drug.

(a) A “dangerous drug” means any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be dispensed only upon prescription. In an…

Except as provided for in this article, it shall be unlawful for any person, firm, corporation, or association to sell, give away, barter, 678 16-13-72 exchange, distribute, or possess in this state any dangerous drug, except under the following conditions: (1) A drug manufacturer…

(a) A permit issued by the State Board of Pharmacy under paragraph (1) of Code Section 16-13-72 may be suspended or revoked by the State Board of Pharmacy upon a finding that the drug manufacturer, wholesaler, distributor, or supplier: (1) Has furnished false or fraudulent materia…

(a) Whenever a pharmacist dispenses a dangerous drug, he shall, in each case, place upon the container the following information: (1) Name of the patient; (2) Name of the practitioner prescribing the drug; 682 16-13-74 (3) The expiration date, if any, of the drug; (4) Name and ad…

Drug related objects. Misrepresentation of minor’s age to obtain, §16-13-1. Imitation controlled substances. Unlawful manufacture, distribution, etc, §16-13-30.2. Marijuana possession of one ounce or less, §16-13-2. Model glue. Violation of provisions, §16-13-96. Unspecified viola…

Garbage and refuse. Designation of suitability for dumping household garbage. County authorities, §16-7-47. Misusing or vandalizing household garbage containers, §16-7-47. CONTEMPT. Computer offenses. Subpoenas. Investigation of violations. Refusal to obey, §16-9-108. Criminal co…

Electronic database of prescription information, §§16-13-57 to 16-13-65. Fictitious name or false address used when obtaining drugs. Dangerous drugs, §16-13-76. 983 INDEX PRESCRIPTIONS —Cont’d Labeling prescription containers or dangerous drugs, §16-13-73. Opioids. Notification of…

Sanctions against licensed persons for certain violations, §§16-13-110 to 16-13-114. Withholding of information from practitioners, §16-13-43. Possession, §16-13-30. Acquiring by misrepresentation, fraud, forgery, etc., §16-13-43. By park or housing project, §16-13-32.5. 885 INDE…

Controlled substances. Possession, etc., of devices for counterfeiting of identifying marks, §16-13-43. Carisoprodol. Obtaining by fraud, theft, etc., §16-13-79. 875 INDEX DRUGS —Cont’d Carrying concealed weapon, license prohibitions, §16-11-129. Cocaine. Trafficking in, §16-13-3…

Counterfeit substances, §16-13-78.2. Food and drug administration. Approval prerequisite, §16-13-4. Unspecified violations. Penalty, §16-13-79. Defenses to prosecutions. Noncontrolled substances. Unlawful manufacture, delivery, distribution, etc., §16-13-30.1. Schools and school a…

(a) Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatm…

Intentional inhalation, §16-13-91. Possession, §16-13-92. Transferring possession to minors, §16-13-93. Maintenance of records, §16-13-94.

No person shall intentionally possess, buy, sell, transfer possession, or receive possession of any model glue for the purpose of violating or aiding another person to violate this article. History. Ga. L. 1968, p. 1194, § 3. 16-13-93. Sale or transfer of model glue to minors.

Violation of provisions, §16-13-96. MORTGAGES —Cont’d Residential mortgage fraud —Cont’d Forfeiture to state. Real or personal property use, derived from or realized through violation, §16-8-106. Georgia residential mortgage fraud act. Article known as, §16-8-100. Misstatement, m…

The person making a sale or transfer of possession of model glue to a person under 18 years of age must require the purchaser to exhibit the written consent of his parent or guardian and the name and address of the consenting parent or guardian. All data required by this Code sec…

919 INDEX GOATS. Purchases. Failing to pay for, §16-9-58. GRACE PERIODS. Escape. Eight-hour grace period, §16-10-52. GOLD. Fulminating gold. Explosive materials, §16-7-81. GRAMS. Controlled substances. Cocaine. Forfeitures, §16-13-49. Trafficking in illegal drugs, §16-13-31. Forf…

This chapter shall be known and may be cited as the “Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.” History. Code 1933, § 26-3401, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 2015, p. 693, § 2-25/HB 233.

Controlled substances. Maintenance by manufacturers, distributors and dispensers, §16-13-39. Furnishing of false information, material omissions, etc., §16-13-43. Refusal or failure to keep records, §16-13-42. Model glue.

In any criminal proceeding, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained. History. Code 1933, § 26-3410, …

The state may, in any civil action or civil forfeiture proceeding brought pursuant to this chapter, file with the clerk of the court a certificate stating that the case is of special public importance. A copy of such certificate shall be furnished immediately by such clerk to the ch…

(a) The General Assembly finds that a severe problem is posed in this state by the increasing sophistication of various criminal elements and the increasing extent to which the state and its citizens are harmed as a result of the activities of these elements. (b) The General Assem…

As used in this chapter, the term: (1) “Civil forfeiture proceeding” shall have the same meaning as set forth in Code Section 9-16-2. (2) “Criminal proceeding” means any criminal proceeding commenced by the Department of Law or the office of any district attorney under any provis…

Crosa, 177 Ga. App. 707, 340 S.E.2d 664, 1986 Ga. App. LEXIS 1506 (1986). Falsely accusing customers of shoplifting, even if it constituted a pattern of criminal activity, was not conduct intended to derive pecuniary gain as required by O.C.G.A. § 16-14-4. Sevcech v. Ingles Mkts.…

(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the fine specified in subsection (b) of this Code section, or both. (b…

v. Phil-Dan Trucking, Inc., 270 Ga. 95, 507 S.E.2d 730, 1998 Ga. LEXIS 1042 (1998). Proof required for treble damages. — In an action based on a violation of O.C.G.A. § 16-10-20, prohibiting the making of false statements, even though plaintiff had to show the defendants’ crimina…

(a) All property of every kind used or intended for use in the course of, derived from, or realized through a pattern of racketeering activity shall be subject to forfeiture to the state. The Attorney General shall be specifically authorized to commence any civil forfeiture procee…

Criminal penalty for engaging in, §16-14-5. Reciprocal agreements with other states, §16-14-10. Remedies. Civil remedies. Available remedies, §16-14-6. Supplemental and not mutually exclusive, §16-14-9. Special public importance. Cases of, §16-14-12. Venue of proceedings, §16-14-…

The application of one civil remedy under this chapter shall not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this chapter are supplemental and not mutually exclusive. History. Code 1933, §…

This chapter shall be known and may be cited as the “Georgia Street Gang Terrorism and Prevention Act.” History. Code 1981, § 16-15-1, enacted by Ga. L. 1992, p. 3236, § 1; Ga. L. 1998, p. 270, § 8.

There shall be established as part of the Prosecuting Attorneys’ Council of the State of Georgia the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to a $5,000.00 reward for informatio…

Cruelty to children, §16-5-70. Culpability, §§16-2-1 to 16-2-6. Accident. Effect on guilt, §16-2-2. Act or omission to act, §16-2-1. Criminal negligence, §16-2-1. Intention, §16-2-1. Presumption that acts of sound person willful, §16-2-4. Presumption that sound person intends nat…

(a) The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individu752 16-15-3 als. It is not the intent of this chapter to interfere with the…

As used in this chapter, the term: 753 16-15-3 (1) “Criminal gang activity” means the commission, attempted commission, conspiracy to commit, or the solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006: (A) Any…

Georgia street gang terrorism prevention act, §16-15-1. State preemption. Local ordinances permissible, §16-15-7. CRIMINAL TRESPASS. Conduct constituting, §16-7-21. Entry into animal enclosure. Criminal trespass involving wild animal, §16-7-21.2. Squatting on property of another,…

(a) As used in this Code section, the term: (1) “Dwelling” shall have the same meaning as provided in Code Section 16-7-1. (2) “Firearm” means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosiv…

(a) As used in this Code section, the terms “proceeds” and “property” shall have the same meanings as set forth in Code Section 9-16-2. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this chapter and proceeds…

Nothing in this chapter shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence which are consistent with this chapter. Where local laws duplicate or supplement the provisions of this chapter, this chapter shall be construed…

Local ordinances not preempted by state law, §16-15-7. Participation in criminal gang activity, §16-15-4. Penalty enhancements. Additional punishment upon felony conviction, §16-15-4. CRIMINAL STREET GANGS —Cont’d Participation in criminal gang activity —Cont’d Penalty enhancemen…

A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceeding. History. Code 1981, § 16-15-8, enacted by Ga. L. 1998, p. 270, § 8. 16-15-9. Commission of offense a…

Drug-free commercial zone. Location and boundaries, §16-13-32.6. Drug related products, transactions in, §16-13-32.1. Eavesdropped communications, §§16-11-64, 16-11-67. Financial transaction cards. Forgery, §16-9-32. Theft, §16-9-31. Forfeiture. Chop shop personalty, §16-8-85. In…

As used in this chapter, the term: (1) “Armed robbery” means the offense defined in subsection (a) of Code Section 16-8-41. (2) “Burglary” means the offense defined in Code Section 16-7-1 in any degree. (3) “Home invasion” means the offense defined in Code Section 16-7-5 in any degr…