16-12-1. [
Index ]
(a) As used in this Code
section, the term:
(1) 'Delinquent act' means a
delinquent act as defined in Code Section 15-11-2.
(2)
'Felony' means any act which constitutes a felony under the laws of this state,
the laws of any other state of the United States, or the laws of the United
States.
(3) 'Minor' means any individual who is under
the age of 17 years or any individual under the age of 18 years who is alleged
to be a deprived child as such is defined in Code Section 15-11-2, relating to
juvenile proceedings.
(4) 'Serious injury' means an
injury involving a broken bone, the loss of a member of the body, the loss of
use of a member of the body, or the substantial disfigurement of the body or of
a member of the body or an injury which is life threatening.
(b) A person commits the offense of contributing to
the delinquency, unruliness, or deprivation of a minor when such person:
(1) Knowingly and willfully encourages, causes,
abets, connives, or aids a minor in committing a delinquent act as such is
defined in Code Section 15-11-2, relating to juvenile proceedings;
(2) Knowingly and willfully encourages, causes,
abets, connives, or aids a minor in committing an act which would cause such
minor to be found to be an unruly child as such is defined in Code Section
15-11-2, relating to juvenile proceedings;
(3)
Willfully commits an act or acts or willfully fails to act when such act or
omission would cause a minor to be found to be a deprived child as such is
defined in Code Section 15-11-2, relating to juvenile proceedings;
(4) Knowingly and willfully hires, solicits, engages,
contracts with, conspires with, encourages, abets, or directs any minor to
commit any felony which encompasses force or violence as an element of the
offense or delinquent act which would constitute a felony which encompasses
force or violence as an element of the offense if committed by an adult;
or
(5) Knowingly and willfully provides to a minor any
weapon as defined in paragraph (2) of subsection (a) of Code Section 16-12-127.1
or any weapon as defined in Code Section 16-12-121 to commit any felony which
encompasses force or violence as an element of the offense or delinquent act
which would constitute a felony which encompasses force or violence as an
element of the offense if committed by an adult.
(c)
It shall not be a defense to the offense provided for in this Code section that
the minor has not been formally adjudged to have committed a delinquent act or
has not been found to be unruly or deprived.
(d) A
person convicted pursuant to paragraph (1) or (2) of subsection (b) of this Code
section shall be punished as follows:
(1) Upon
conviction of the first or second offense, the defendant shall be guilty of a
misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned
for not more than 12 months, or both fined and imprisoned;
and
(2) Upon the conviction of the third or subsequent
offense, the defendant shall be guilty of a felony and shall be fined not less
than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than
one year nor more than three years, or both fined and imprisoned.
(d.1) A person convicted pursuant to paragraph (3) of
subsection (b) of this Code section shall be punished as follows:
(1) Upon conviction of an offense which resulted in
the serious injury or death of a child, without regard to whether such offense
was a first, second, third, or subsequent offense, the defendant shall be guilty
of a felony and shall be punished as provided in subsection (e) of this Code
section;
(2) Upon conviction of an offense which does
not result in the serious injury or death of a child and which is the first
conviction, the defendant shall be guilty of a misdemeanor and shall be fined
not more than $1,000.00 or shall be imprisoned for not more than 12 months, or
both fined and imprisoned;
(3) Upon conviction of an
offense which does not result in the serious injury or death of a child and
which is the second conviction, the defendant shall be guilty of a high and
aggravated misdemeanor and shall be fined not less than $1,000.00 nor more than
$5,000.00 or shall be imprisoned for not less than one year, or both fined and
imprisoned; and
(4) Upon the conviction of an offense
which does not result in the serious injury or death of a child and which is the
third or subsequent conviction, the defendant shall be guilty of a felony and
shall be fined not less than $10,000.00 or shall be imprisoned for not less than
one year nor more than five years, or both fined and imprisoned.
(e) A person convicted pursuant to paragraph (4) or
(5) of subsection (b) or paragraph (1) of subsection (d.1) of this Code section
shall be guilty of a felony and punished as follows:
(1) Upon conviction of the first offense, the
defendant shall be imprisoned for not less than one nor more than five years;
and
(2) Upon conviction of the second or subsequent
offense, the defendant shall be imprisoned for not less than three years nor
more than 20 years.
16-12-1.1.
[
Index ]
(a) As used in this Code section the term:
(1) 'Facility' means any day-care center, family
day-care home, group-care facility, group day-care home, or similar facility at
which any child who is not a member of an operator´s family is received for
pay for supervision and care, without transfer of legal custody, for fewer than
24 hours per day.
(2) 'Operator' means any person who
applies for or holds a permit or license to operate a facility.
(b) It shall be unlawful for any operator of a
facility to knowingly have any person reside at, be domiciled at, or be employed
at any such facility if such person has been convicted of or has entered a plea
of guilty or nolo contendere to or has been adjudicated a delinquent for:
(1) A violation of Code Section 16-4-1, relating to
criminal attempt, when the crime attempted is any of the crimes specified in
paragraphs (2) through (10) of this subsection;
(2) A
violation of Code Section 16-5-23.1, relating to battery, when the victim at the
time of such offense was a minor;
(3) A violation of
any provision of Chapter 6 of this title, relating to sexual offenses, when the
victim at the time of such offense was a minor;
(4) A
violation of Code Section 16-12-1, relating to contributing to the delinquency
of a minor;
(5) A violation of Code Section 16-5-1,
relating to murder;
(6) A violation of Code Section
16-5-2, relating to voluntary manslaughter;
(7) A
violation of Code Section 16-6-2, relating to aggravated sodomy;
(8) A violation of Code Section 16-6-3, relating to
rape;
(9) A violation of Code Section 16-6-22.2,
relating to aggravated sexual battery; or
(10) A
violation of Code Section 16-8-41, relating to armed robbery, if committed with
a firearm.
(c) Any person violating subsection (b) of
this Code section shall be guilty of a misdemeanor.
16-12-2.
[
Index ]
(a) A person
who smokes tobacco in any form in any of the following public places shall be
guilty of a misdemeanor:
(1) An enclosed elevator
which is used by or open to the public and which is clearly designated by a
no-smoking sign;
(2) Any place on a public
transportation vehicle which is used by the public and which is clearly
designated by a no-smoking sign;
(3) Any area which
is used by or open to the public and which is clearly designated by a no-smoking
sign; or
(4) Any area which is the real property upon
which is operated a day-care center, group day-care home, or family day-care
home, as defined in Code Section 49-5-3, during the hours of operation of such
facility.
(b) A person convicted of violating
subsection (a) of this Code section shall be punished by a fine of not less than
$10.00 nor more than $100.00.
(c) This Code section
shall be cumulative to and shall not prohibit the enactment of any other general
and local laws, rules and regulations of state or local agencies, and local
ordinances prohibiting smoking which are more restrictive than this Code
section.
16-12-3.
[
Index ]
(a)
It shall be unlawful for any gas or electric utility company or electric
membership corporation to cut off or suspend gas or electric service in any
residence because the resident has failed to pay for or has failed to make
timely payments for any appliance purchased from or any appliance repaired by
such company or corporation. Payments received from a resident shall be first
applied to the service, unless otherwise specified by the resident at the time
of payment.
(b) Any company or corporation or any
agent or employee thereof acting within the scope of his authority knowingly
violating subsection (a) of this Code section shall be guilty of a misdemeanor.
16-12-4.
[
Index ]
(a) As used in
this Code section, the term:
(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) 'Conviction' shall include pleas of guilty or
nolo contendere or probation as a first offender pursuant to Article 3 of
Chapter 8 of Title 42 and any conviction, plea of guilty or nolo contendere, or
probation as a first offender for an offense under the laws of the United States
or any of the several states that would constitute a violation of this Code
section if committed in this state.
(3) 'Willful
neglect' means the intentional withholding of food and water required by an
animal to prevent starvation or dehydration.
(b) A
person commits the offense of cruelty to animals when he or she causes death or
unjustifiable physical pain or suffering to any animal by an act, an omission,
or willful neglect. Any person convicted of a violation of this subsection shall
be guilty of a misdemeanor; provided, however, that:
(1) Any person who is convicted of a second or
subsequent violation of this subsection shall be punished by imprisonment not to
exceed 12 months, a fine not to exceed $5,000.00, or both;
and
(2) Any person who is convicted of a second or
subsequent violation of this subsection which results in the death of an animal
shall be guilty of a misdemeanor of a high and aggravated nature and shall be
punished by imprisonment for not less than three months nor more than 12 months,
a fine not to exceed $10,000.00, or both, which punishment shall not be
suspended, probated, or withheld.
(c) A person
commits the offense of aggravated cruelty to animals when he or she knowingly
and maliciously causes death or physical harm to an animal by rendering a part
of such animal´s body useless or by seriously disfiguring such animal. A
person convicted of the offense of aggravated cruelty to animals shall be
punished by imprisonment for not less than one nor more than five years, a fine
not to exceed $15,000.00, or both, provided that any person who is convicted of
a second or subsequent violation of this subsection shall be punished by
imprisonment for not less than one nor more than five years, a fine not to
exceed the amount provided by Code Section 17-10-8, or both.
(d) Before sentencing a defendant for any conviction
under this Code section, the sentencing judge may require psychological
evaluation of the offender and shall consider the entire criminal record of the
offender.
(e) The provisions of this Code section
shall not be construed as prohibiting conduct which is otherwise permitted under
the laws of this state or of the United States, including, but not limited to,
agricultural, animal husbandry, butchering, food processing, marketing,
scientific, research, medical, zoological, exhibition, competitive, hunting,
trapping, fishing, wildlife management, or pest control practices or the
authorized practice of veterinary medicine nor to limit in any way the authority
or duty of the Department of Agriculture, Department of Natural Resources, any
county board of health, any law enforcement officer, dog, animal, or rabies
control officer, humane society, veterinarian, or private landowner protecting
his or her property.
(f)(1) Nothing in this Code
section shall be construed as prohibiting a person from:
(A) Defending his or her person or property, or the
person or property of another, from injury or damage being caused by an animal;
or
(B) Injuring or killing an animal reasonably
believed to constitute a threat for injury or damage to any property, livestock,
or poultry.
(2) The method used to injure or kill
such animal shall be designed to be as humane as is possible under the
circumstances. A person who humanely injures or kills an animal under the
circumstances indicated in this subsection shall incur no civil or criminal
liability for such injury or death.
16-12-5.
[
Index ]
(a) As used in this Code section, the term 'tattoo'
means to mark or color the skin of any person by pricking in, inserting, or
implanting pigments, except when performed by a physician licensed as such
pursuant to Chapter 34 of Title 43.
(b) It shall be
unlawful for any person to tattoo the body of any person within any area within
one inch of the nearest part of the eye socket of such person. Any person who
violates this Code section shall be guilty of a misdemeanor.
16-12-20.
[
Index ]
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 insurance; or
(B) An
offer of a prize, award, or compensation to the actual contestants in any bona
fide contest for the determination of skill, speed, strength, or endurance or to
the owners of animals, vehicles, watercraft, or aircraft entered in such
contest.
(2) 'Gambling device' means:
(A) Any contrivance which for a consideration affords
the player an opportunity to obtain money or other thing of value, the award of
which is determined by chance even though accompanied by some skill, whether or
not the prize is automatically paid by contrivance;
(B) Any slot machine or any simulation or variation
thereof;
(C) Any matchup or lineup game machine or
device, operated for any consideration, in which two or more numerals, symbols,
letters, or icons align in a winning combination on one or more lines
vertically, horizontally, diagonally, or otherwise, without assistance by the
player. Use of skill stops shall not be considered assistance by the player;
or
(D) Any video game machine or device, operated for
any consideration, for the play of poker, blackjack, any other card game, or
keno or any simulation or variation of any of the foregoing, including, but not
limited to, any game in which numerals, numbers, or any pictures,
representations, or symbols are used as an equivalent or substitute for cards in
the conduct of such game.
Any item described in
subparagraph (B), (C), or (D) of this paragraph shall be a prohibited gambling
device subject to and prohibited by this part, notwithstanding any inference to
the contrary in any other law of this state.
(3)
'Gambling place' means any real estate, building, room, tent, vehicle, boat, or
other property whatsoever, one of the principal uses of which is the making or
settling of bets; the receiving, holding, recording, or forwarding of bets or
offers to bet; or the conducting of a lottery or the playing of gambling
devices.
(4) 'Lottery' means any scheme or procedure
whereby one or more prizes are distributed by chance among persons who have paid
or promised consideration for a chance to win such prize, whether such scheme or
procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy
game, or by some other name. A lottery shall also include the organization of
chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery
shall not mean a:
(A) Promotional giveaway or contest
which conforms with the qualifications of a lawful promotion specified in
paragraph (16) of subsection (b) of Code Section 10-1-393;
(B) Scheme whereby a business gives away prizes to
persons selected by lot if such prizes are made on the following conditions:
(i) Such prizes are conducted as advertising and
promotional undertakings in good faith solely for the purpose of advertising the
goods, wares, and merchandise of such business;
and
(ii) No person to be eligible to receive such
prize shall be required to:
(I) Pay any tangible
consideration to the operator of such business in the form of money or other
property or thing of value;
(II) Purchase any goods,
wares, merchandise, or anything of value from such business;
or
(III) Be present or be asked to participate in a
seminar, sales presentation, or any other presentation, by whatever name
denominated, in order to win such prizes; or
(C)
Raffle authorized under Code Section 16-12-22.1.
16-12-21.
[
Index ]
(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 or upon the degree of success of any
nominee, appointee, or candidate; or
(3) Plays and
bets for money or other thing of value at any game played with cards, dice, or
balls.
(b) A person who commits the offense of
gambling shall be guilty of a misdemeanor.
16-12-22.
[
Index ]
(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 of value bet or offered to be bet;
(4) Contracts to have or give himself or another the
option to buy or sell or contracts to buy or sell at a future time any gain or
other commodity whatsoever or any stock or security of any company, when it is
at the time of making such contract intended by both parties thereto that the
contract to buy or sell, the option whenever exercised or the contract resulting
therefrom, shall be settled not by the receipt or delivery of such property but
by the payment only of differences in prices thereof;
(5) Sells chances upon the partial or final result of
or upon the margin of victory in any game or contest or upon the performance of
any participant in any game or contest or upon the result of any political
nomination, appointment, or election or upon the degree of success of any
nominee, appointee, or candidate;
(6) Sets up or
promotes any lottery, sells or offers to sell, or knowingly possesses for
transfer or transfers any card, stub, ticket, check, or other device designed to
serve as evidence of participation in any lottery;
or
(7) Conducts, advertises, operates, sets up, or
promotes a bingo game without having a valid license to operate a bingo game as
provided by law.
(b) A person who commits the offense
of commercial gambling shall be guilty of a felony and, upon conviction thereof,
shall be punished by imprisonment for not less than one nor more than five years
or by a fine not to exceed $20,000.00, or both.
16-12-22.1.
[
Index ]
(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 approved by the sheriff, which are properly
licensed pursuant to this Code section shall be allowed to operate raffles.
(b) As used in this Code section, the term:
(1) 'Nonprofit, tax-exempt organization' means
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 approved by the sheriff.
(2) 'Operate,' 'operated,' or 'operating' means the
direction, supervision, management, operation, control, or guidance of activity.
(3) 'Raffle' means any scheme or procedure whereby
one or more prizes are distributed by chance among persons who have paid or
promised consideration for a chance to win such prize. Such term shall also
include door prizes which are awarded to persons attending meetings or
activities provided that the cost of admission to such meetings or activities
does not exceed the usual cost of similar activities where such prizes are not
awarded.
(4) 'Sheriff' means the sheriff of the
county in which the nonprofit tax-exempt organization is located.
(c) Any other law to the contrary notwithstanding, no
nonprofit, tax-exempt organization shall be permitted to operate a raffle until
the sheriff issues a license to the organization authorizing it to do so. The
license described in this subsection is in addition to and not in lieu of any
other licenses which may be required by this state or any political subdivision
thereof, and no raffle shall be operated until such time as all requisite
licenses have been obtained. In the event a nonprofit, tax-exempt organization
desires to conduct a raffle in more than one county, such organization shall not
be required to obtain a license under this Code section in each county in which
such raffle is to be conducted and shall only be required to obtain such license
from the sheriff of the county in which the state headquarters of such
organization are located.
(d)(1) Any nonprofit,
tax-exempt organization desiring to obtain a license to operate raffles shall
make application to the sheriff on forms prescribed by the sheriff. The sheriff
may require the payment of an annual fee not to exceed $100.00. No license shall
be issued to any nonprofit, tax-exempt organization unless the organization has
been in existence for 24 months immediately prior to the issuance of the
license. The license will expire at 12:00 Midnight on December 31 following the
granting of the license. Renewal applications for each calendar year shall be
filed with the sheriff prior to January 1 of each year and shall be on a form
prescribed by the sheriff.
(2) Each application for a
license and each application for renewal of a license shall contain the
following information:
(A) The name and home address
of the applicant and, if the applicant is a corporation, association, or other
similar legal entity, the names and home addresses of each of the officers of
the organization as well as the names and addresses of the directors, or other
persons similarly situated, of the organization;
(B)
The names and home addresses of each of the persons who will be operating,
advertising, or promoting the raffle;
(C) The names
and home addresses of any persons, organizations, or other legal entities that
will act as surety for the applicant or to which the applicant is financially
indebted or to which any financial obligation is owed by the applicant;
(D) A determination letter from the Internal Revenue
Service certifying that the applicant is an organization exempt under federal
tax law;
(E) A determination letter from the Georgia
Department of Revenue certifying that the applicant is exempt under the tax laws
of this state;
(F) The location at which the
applicant will conduct the raffles and, if the premises on which the raffles are
to be conducted is to be leased, a copy of the lease or rental agreement;
and
(G) A statement showing the convictions, if any,
for criminal offenses other than minor traffic offenses of each of the persons
listed in subparagraphs (A), (B), and (C) of this paragraph.
(3) The sheriff shall refuse to grant a raffle
license to any applicant who fails to provide fully the information required by
this Code section.
(4) When a nonprofit, tax-exempt
organization which operates or intends to operate raffles for residents and
patients of a retirement home, nursing home, or hospital operated by that
organization at which gross receipts are or will be limited to $100.00 or less
during each raffle and pays or will pay prizes having a value of $100.00 or less
during each raffle, then, notwithstanding any other provision of this Code
section or any rule or regulation promulgated by the sheriff pursuant to the
provisions of subsection (l) of this Code section, neither the applicant nor any
of the persons whose names and addresses are required under subparagraphs (A)
and (B) of paragraph (1) of this subsection shall be required to submit or
provide fingerprints or photographs as a condition of being granted a license.
(e)(1) The sheriff shall have the specific authority
to suspend or revoke any license for any violation of this Code section. Any
licensee accused of violating any provision of this Code section shall be
entitled, unless waived, to a hearing on the matter of the alleged violation
conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.'
(2) By making application for a
license under this Code section, every applicant consents that the sheriff, as
well as any of his agents, together with any prosecuting attorney, as well as
any of his agents, may come upon the premises of any licensee or upon any
premises on which any licensee is conducting a raffle for the purpose of
examining the accounts and records of the licensee to determine if a violation
of this Code section has occurred.
(f) The sheriff
shall, upon the request of any prosecuting attorney or such prosecuting
attorney´s designee, certify the status of any organization as to that
organization´s exemption from payment of state income taxes as a nonprofit
organization. The sheriff shall also upon request issue a certificate indicating
whether any particular organization holds a currently valid license to operate a
raffle. Such certificates properly executed shall be admissible in evidence in
any prosecution, and Code Section 48-7-60, relative to the disclosure of income
tax information, shall not apply to the furnishing of such certificate.
(g) Notwithstanding the other provisions of this Code
section, the sheriff, upon receiving written evidence of the bona fide
nonprofit, tax-exempt status of the applicant organization, shall be authorized
to issue a special limited license to a nonprofit, tax-exempt organization which
will allow it to operate up to three raffles during a calendar year. In such
cases, the sheriff shall waive the application and license fee provided for in
subsection (d) of this Code section and the annual report provided for in
subsection (j) of this Code section.
(h) Raffles
shall be operated only on premises owned by the nonprofit, tax-exempt
organization operating the raffle, on property leased by the nonprofit,
tax-exempt organization and used regularly by that organization for purposes
other than the operation of a raffle, or on property leased by the nonprofit,
tax-exempt organization operating the raffle from another nonprofit, tax-exempt
organization.
(i) No person under the age of 18 years
shall be permitted to play any raffle conducted pursuant to any license issued
under this Code section unless accompanied by an adult.
(j) On or before April 15 of each year, every
nonprofit, tax-exempt organization engaged in operating raffles shall file with
the sheriff a report disclosing all receipts and expenditures relating to the
operation of raffles in the previous year. The report shall be in addition to
all other reports required by law. The report shall be prepared and signed by a
certified or registered public accountant competent to prepare such a report and
shall be deemed a public record subject to public inspection.
(k)(1) A licensee that conducts or operates a raffle
shall maintain the following records for at least three years from the date on
which the raffle is conducted:
(A) An itemized list
of the gross receipts for each raffle;
(B) An
itemized list of all expenses other than prizes that are incurred in the
conducting of the raffle as well as the name of each person to whom the expenses
are paid and a receipt for all of the expenses;
(C) A
list of all prizes awarded during the raffle and the name and address of all
persons who are winners of prizes of $50.00 or more in value;
(D) An itemized list of the recipients other than the
licensee of the proceeds of the raffle, including the name and address of each
recipient to whom such funds are distributed; and
(E)
A record of the number of persons who participate in any raffle conducted by the
licensee.
(2) A licensee shall:
(A) Own all the equipment used to conduct a raffle or
lease such equipment from an organization that is also licensed to conduct a
raffle;
(B) Display its raffle license conspicuously
at the location where the raffle is conducted;
(C)
Conduct raffles only as specified in the licensee´s application;
and
(D) Not conduct more than one raffle during any
one calendar day.
(3) No nonprofit, tax-exempt
organization shall enter into any contract with any individual, firm,
association, or corporation to have such individual, firm, association, or
corporation operate raffles or concessions on behalf of the nonprofit,
tax-exempt organization.
(4) A nonprofit, tax-exempt
organization shall not lend its name nor allow its identity to be used by any
individual, firm, association, or corporation in the operating or advertising of
a raffle in which said nonprofit, tax-exempt organization is not directly and
solely operating the raffle.
(5) No person shall pay
consulting fees to any person for any services performed in relation to the
operation or conduct of a raffle.
(6) A person who is
a member of more than one nonprofit, tax-exempt organization shall be permitted
to participate in the raffle operations of only two organizations of which such
person is a member; provided, however, that such person shall not receive more
than $30.00 per day for assisting in the conduct of raffles regardless of
whether such person assists both organizations in the same day.
(l) The sheriff is authorized to promulgate rules and
regulations which the sheriff deems necessary for the proper administration and
enforcement of this Code section which are not in conflict with any provision of
this Code section.
(m) Any person who operates a
raffle without a valid license issued by the sheriff as provided in this Code
section commits the offense of commercial gambling as defined in Code Section
16-12-22 and, upon conviction thereof, shall be punished accordingly. Any person
who knowingly aids, abets, or otherwise assists in the operation of a raffle for
which a license has not been obtained as provided in this Code section similarly
commits the offense of commercial gambling. Any person who violates any other
provision of this Code section shall be guilty of a misdemeanor of a high and
aggravated nature. Any person who commits any such violation after having
previously been convicted of any violations of this Code section shall be guilty
of a felony and, upon conviction thereof, shall be punished by imprisonment for
not less than one nor more than five years or by a fine not to exceed
$10,000.00, or both.
16-12-23.
[
Index ]
(a) A person who knowingly permits any real estate,
building, room, tent, vehicle, boat, or other property whatsoever owned by him
or under his control to be used as a gambling place or who rents or lets any
such property with a view or expectation that it be so used commits the offense
of keeping a gambling place.
(b) A person who commits
the offense of keeping a gambling place shall be guilty of a misdemeanor of a
high and aggravated nature.
16-12-24.
[
Index ]
(a) A person who knowingly owns, manufactures,
transfers commercially, or possesses any device which he knows is designed for
gambling purposes or anything which he knows is designed as a subassembly or
essential part of such device is guilty of a misdemeanor of a high and
aggravated nature.
(b)(1) As used in this subsection,
the term:
(A) 'Antique slot machine' means a coin
operated, nonelectronic mechanical gambling device that pays off according to
the matching of symbols on wheels spun by a handle and was manufactured in its
entirety, except for identical replacement parts, prior to January 1, 1950.
(B) 'Conviction' includes a plea of nolo contendere
to a felony.
(2) It shall be a defense to any action
or prosecution under this Code section for possession of a gambling device that
the device is an antique slot machine and that said device was not being used
for gambling; provided, however, the defense shall not be available to any
person who has been convicted of a felony in this or any other state or under
federal law and provided, further, that this defense shall not be available if
the antique slot machine is on the premises of a private or public club or in an
establishment where alcoholic beverages are sold.
(3)
Any antique slot machine seized as a result of a violation of this Code section
shall be contraband and subject to seizure and destruction as provided in Code
Section 16-12-30. An antique slot machine seized for a violation of this Code
section shall not be destroyed, altered, or sold until the owner has been
afforded a reasonable opportunity to present evidence that the device was not
operated for unlawful gambling or in violation of this Code section. If the
court determines that the device is an antique slot machine and was not operated
or possessed in violation of this or any other Code section, such device shall
be returned to its owner.
16-12-25.
[
Index ]
(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 by
imprisonment for not less than one nor more than five years:
(1) Keeps, maintains, employs, or carries on a game
for the hazarding of money or other thing of value;
(2) Permits the playing for money or other thing of
value of a game or device for the hazarding of money or other thing of value;
(3) Keeps or employs a device or equipment for the
purpose of carrying on or operating a game or device for the hazarding of money
or other thing of value;
(4) Permits the betting or
wagering of money or other thing of value;
(5) Sells
or offers to sell to a person a ticket number or combination or chance or
anything representing a chance in a lottery or other similar scheme;
(6) Keeps, maintains, employs, or carries on a
lottery or scheme or device for the hazarding of money or other thing of value;
(7) Keeps, maintains, or employs a lottery ticket,
lottery book, lottery ribbon, or other article used in keeping, maintaining, or
carrying on a lottery or other scheme, game, or device for the hazarding of
money or other thing of value;
(8) Solicits a person
to engage in a game or to operate a device for the hazarding of money or other
thing of value; or
(9) Solicits a person to engage in
a lottery or other scheme or device for the hazarding of money or other thing of
value.
(b) This Code section is cumulative of and
supplemental to any laws making any of the activities prohibited by this Code
section unlawful and punishable as a misdemeanor; and nothing in this Code
section shall be construed to repeal, amend, alter, or supersede any such laws.
16-12-26.
[
Index ]
(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 offense of advertising commercial
gambling.
(b) A person who commits the offense of
advertising commercial gambling shall be guilty of a misdemeanor of a high and
aggravated nature.
16-12-27.
[
Index ]
(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 containing
an advertisement or solicitation for participation in any lottery declared to be
unlawful by the laws of this state unless such advertisement, commercial, or
solicitation contains or includes the words 'void in Georgia' printed or spoken
so as to be clearly legible or audible to persons viewing or hearing such
advertisement, commercial, or solicitation.
(b) Any
person, partnership, firm, corporation, or other entity violating subsection (a)
of this Code section shall be guilty of a misdemeanor.
16-12-28.
[
Index ]
(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 gambling information.
(b) A person who commits the offense of communicating
gambling information, upon conviction thereof, shall be punished by imprisonment
for not less than one nor more than five years or by a fine not to exceed
$5,000.00, or both.
16-12-29.
[
Index ]
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.
16-12-30.
[
Index ]
(a) Except as
provided in subsection (b) of Code Section 16-12-24, every gambling device is
declared to be contraband and subject to seizure and confiscation by any state
or local authority within whose jurisdiction the same may be found.
(b) At such time as there shall be a final judgment
entered in any case or cases in which a seized gambling device is necessary
evidence or at such time as the state shall determine that the continued
physical existence of the seized gambling device is no longer necessary, the
same shall be turned over by that person having custody of the device to the
sheriff of the county wherein the device was confiscated. The sheriff shall
within ten days after receiving the device destroy the same in the presence of
the district attorney of the circuit in which such county is located and shall
forward to the state revenue commissioner a certificate so stating which shall
include the serial number of the device so destroyed.
16-12-31.
[
Index ]
Repealed.
16-12-32.
[
Index ]
(a) As used
in this Code section, 'property' means any personal property of any type,
tangible or intangible, including but not limited to vehicles, conveyances,
aircraft, watercraft, funds, other things of value or choses in action or any
interest in such property, but shall not include a gambling device subject to
seizure and destruction under Code Section 16-12-30.
(b) All property used in, intended for use in, used
to facilitate, or derived from or realized through a violation of this article
or which is located within any gambling place or within any vehicle or other
conveyance used to transport any gambling device, any subassembly or essential
part thereof, card, stub, ticket, check, funds, things of value, or other device
designed to facilitate participation in any lottery is declared to be contraband
and may be seized and forfeited as provided in this Code section.
(c) Any such property shall be seized by any peace
officer who, within ten days after the seizure of such property, shall report
the same to the district attorney of the superior court having jurisdiction in
the county where the seizure was made.
(d) Within 30
days from the date he receives notice of such seizure, the district attorney of
said judicial circuit shall cause to be filed in the superior court of the
county in which the property was seized an action against the property so seized
and any and all persons having an interest in or right affected by the seizure
or sale of such property.
(e) A copy of the action
shall be served upon the person or persons having custody or possession of such
property at the time of seizure, and, if known, upon any owner, lessee, and any
person having a duly recorded security interest in or lien upon such property at
the time of seizure. If the owner or lessee is unknown or resides out of the
state or departs the state or cannot after due diligence be found within the
state or conceals himself so as to avoid service, notice of such proceedings
shall be published once a week for two consecutive weeks in the newspaper in
which sheriff´s advertisements are published. Such publication shall be
deemed notice to any and all persons having an interest in or right affected by
such proceeding and any sale of the property resulting therefrom but shall not
constitute notice to any person having a duly recorded security interest in or
lien upon such property and required to be served under this subsection unless
that person is unknown or resides out of the state or departs the state or
cannot after due diligence be found within the state or conceals himself to
avoid service.
(f) If no defense is filed within 30
days after the service of a copy of the action or the last publication required
under subsection (e) of this Code section, judgment by default shall be entered
by the court at chambers, otherwise the case shall proceed as other civil cases
in said court.
(g) Should it appear that any person
filing a defense in the action knew, or by the exercise of ordinary care should
have known, that the property was used in violation of this Code section, the
same shall be sold by order of the court after such advertisement as the court
shall direct, and such person shall have no claim upon the property or the
proceeds from the sale thereof.
(h) Except as
otherwise provided in this Code section, property forfeited pursuant to this
subsection shall be disposed of by order of the court as follows:
(1) Upon application of the seizing law enforcement
agency or any other law enforcement agency of state, county, or municipal
government, the court may permit the agency to retain the property for official
use in law enforcement work; or
(2) The court may sell
that which is not required to be destroyed by law and which is not harmful to
the public, and the proceeds of such sale shall be used for payment of all
proper expenses of the forfeiture and sale including, but not limited to, the
expenses of seizure, maintenance of custody, advertising, and court costs.
The remainder of the proceeds of a sale of forfeited
property, after payment of these expenses, shall be paid into the general fund
of the county.
16-12-33.
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Index ]
A person who gives, offers, or promises any reward,
money, or other 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, trainer, manager or official in such athletic
contest, sporting event, or exhibition with intent to influence such person to
lose, try to lose, or cause to be lost or to affect the margin of victory or
defeat in such athletic contest, sporting event, or exhibition commits the
offense of bribery of a contestant and, upon conviction thereof, shall be
punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by
imprisonment for not less than one nor more than five years, or both.
16-12-34.
[
Index ]
A person
participating or expecting to participate or any coach, trainer, manager, or
official in any amateur or professional athletic contest, sporting event, or
exhibition who solicits or accepts any reward, money, or other thing of value
with the intent, understanding, or agreement that it influence him to lose, try
to lose, or cause to be lost or to limit the margin of victory or defeat in such
athletic contest, sporting event, or exhibition by failing to exert his best
efforts or to exercise his best judgment commits the offense of soliciting or
accepting a bribe and, upon conviction thereof, shall be punished by a fine of
not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less
than one nor more than five years, or both.
16-12-35.
[
Index ]
(a) Any other
laws to the contrary notwithstanding, this part shall not be applicable to the
manufacturing, processing, selling, possessing, or transporting of any printed
materials, equipment, devices, or other materials used or designated for use in
a legally authorized lottery nor shall it be applicable to the manufacturing,
processing, selling, possessing, or transporting of any gaming equipment,
devices, or other materials used or designated for use only in jurisdictions in
which the use of such items is legal. This part shall in no way prohibit
communications between persons in this state and persons involved with such
legal lotteries or gaming devices relative to such printed materials, equipment,
devices, or other materials or prohibit demonstrations of same within this
state.
(a.1) 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 aptitude or ability;
(4) A coordinated set
of actions, including, but not limited to, eye-hand coordination;
(5) Dexterity, fluency, or coordination in the
execution of learned physical or mental tasks or both;
(6) Technical proficiency or expertise;
(7) Development or implementation of strategy or
tactics in order to achieve a goal; or
(8) Knowledge
of the means or methods of accomplishing a task.
The
term some skill refers to a particular craft, coordinated effort, art, ability,
strategy, or tactic employed by the player to affect in some way the outcome of
the game played on a bona fide coin operated amusement machine as defined in
paragraph (2) of Code Section 48-17-1. If a player can take no action to affect
the outcome of the game, the bona fide coin operated amusement machine does not
meet the 'some skill' requirement of this Code section.
(b) Nothing in this part shall apply to a coin
operated game or device designed and manufactured for bona fide amusement
purposes only which may by application of some skill entitle the player to earn
replays of the game or device at no additional cost and to discharge the
accumulated free replays only by reactivating the game or device for each
accumulated free replay or by reactivating the game or device for a portion or
all of the accumulated free plays in a single play. This subsection shall not
apply, however, to any game or device classified by the United States government
as requiring a federal gaming tax stamp under applicable provisions of the
Internal Revenue Code or any item described as a gambling device in subparagraph
(B), (C), or (D) of paragraph (2) of Code Section 16-12-20.
(c)(1) Nothing in this part shall apply to a crane
game machine or device meeting the requirements of paragraph (2) of this
subsection.
(2) A crane game machine or device
acceptable for the purposes of paragraph (1) of this subsection shall meet the
following requirements:
(A) The machine or device
must be designed and manufactured only for bona fide amusement purposes and must
involve at least some skill in its operation;
(B) The
machine or device must reward a winning player exclusively with free replays or
merchandise contained within the machine itself and such merchandise must be
limited to noncash merchandise, prizes, toys, gift certificates, or novelties,
each of which has a wholesale value not exceeding $5.00. A player may be
rewarded with both free replays and noncash merchandise, prizes, toys, or
novelties for a single play of the game or device as provided in this Code
section;
(C) The player of the machine or device must
be able to control the timing of the use of the claw or grasping device to
attempt to pick up or grasp a prize, toy, or novelty;
(D) The player of the machine or device must be made
aware of the total time which the machine or device allows during a game for the
player to maneuver the claw or grasping device into a position to attempt to
pick up or grasp a prize, toy, or novelty;
(E) The
claw or grasping device must not be of a size, design, or shape that prohibits
picking up or grasping a prize, toy, or novelty contained within the machine or
device; and
(F) The machine or device must not be
classified by the United States government as requiring a federal gaming stamp
under applicable provisions of the Internal Revenue Code.
(d)(1) Nothing in this part shall apply to a coin
operated game or device designed and manufactured only for bona fide amusement
purposes which involves some skill in its operation if it rewards the player
exclusively with:
(A) Free replays;
(B) Merchandise limited to noncash merchandise,
prizes, toys, gift certificates, or novelties, each of which has a wholesale
value of not more than $5.00 received for a single play of the game or device;
(C) Points, tokens, vouchers, tickets, or other
evidence of winnings which may be exchanged for rewards set out in subparagraph
(A) of this paragraph or subparagraph (B) of this paragraph or a combination of
rewards set out in subparagraph (A) and subparagraph (B) of this paragraph;
or
(D) Any combination of rewards set out in two or
more of subparagraph (A), (B), or (C) of this paragraph.
This subsection shall not apply, however, to any game
or device classified by the United States government as requiring a federal
gaming stamp under applicable provisions of the Internal Revenue Code or any
item described as a gambling device in subparagraph (B), (C), or (D) of
paragraph (2) of Code Section 16-12-20.
(2) A player
of bona fide coin operated amusement games or devices described in paragraph (1)
of this subsection may accumulate winnings for the successful play of such bona
fide coin operated amusement games or devices through tokens, vouchers, points,
or tickets. Points may be accrued on the machine or device. A player may carry
over points on one play to subsequent plays. A player may redeem accumulated
tokens, vouchers, or tickets for noncash merchandise, prizes, toys, gift
certificates, or novelties so long as the amount of tokens, vouchers, or tickets
received does not exceed $5.00 for a single play.
(e)
Any person who gives to any other person money for free replays on coin operated
games or devices described in subsection (b), (c), or (d) of this Code section
shall be guilty of a misdemeanor.
(f) Any person
owning or possessing an amusement game or device described in subsection (c) or
(d) of this Code section or any person employed by or acting on behalf of any
such person who gives to any other person money for any noncash merchandise,
prize, toy, gift certificate, or novelty received as a reward in playing any
such amusement game or device shall be guilty of a misdemeanor.
(g) Any person owning or possessing an amusement game
or device described in subsection (b), (c), or (d) of this Code section or any
person employed by or acting on behalf of any such person who gives to any other
person money as a reward for the successful play or winning of any such
amusement game or device shall be guilty of a misdemeanor of a high and
aggravated nature.
(h) Any gift certificates, tokens,
vouchers, tickets, or other evidence of winnings awarded under subsection (c) or
(d) of this Code section must be redeemable only at the premises on which the
game or device is located. It shall be unlawful for any person to provide to any
other person as a reward for play on any such game or device any gift
certificate, token, voucher, ticket, or other evidence of winning which is
redeemable or exchangeable for any thing of value at any other premises. It
shall be unlawful for any person at any premises other than those on which the
game or device is located to give any thing of value to any other person for any
gift certificate, token, voucher, ticket, or other evidence of winning received
by such other person from play on such game or device. Any person who violates
this subsection shall be guilty of a misdemeanor of a high and aggravated
nature.
(i) The merchandise, prizes, toys, gift
certificates, novelties, or rewards which may be awarded under subsection (c) or
(d) of this Code section may not include or be redeemable or exchangeable for
any firearms, alcohol, or tobacco or any lottery ticket or other item enabling
participation in any lottery. Any person who violates this subsection shall be
guilty of a misdemeanor of a high and aggravated nature.
16-12-36.
[
Index ]
(a) A
promotional or giveaway contest which conforms with the qualifications of a
lawful promotion specified in paragraph (16) of subsection (b) of Code Section
10-1-393 shall not be a lottery.
(b) Except as
provided in subsection (a) of this Code section, all promotions or promotional
contests involving an element of chance in the distribution of prizes, gifts,
awards, or other items which otherwise meet the definition of a 'lottery' in
this article shall be included within the definition of the term 'lottery' for
purposes of this article, unless specifically exempted by some other statute or
law.
16-12-37.
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Index ]
(a) A
person commits the offense of dogfighting when he causes or allows a dog to
fight another dog for sport or gaming purposes or maintains or operates any
event at which dogs are allowed or encouraged to fight one another.
(b) A person convicted of the offense of dogfighting
shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of
$5,000.00 and imprisonment for not less than one year nor more than five years.
16-12-38.
[
Index ]
The
organization of any chain letter club, pyramid club, or other group organized or
brought together under any plan or device whereby fees or dues or anything of
material value to be paid or given by members thereof are to be paid or given to
any other member thereof, which plan or device includes any provision for the
increase in such membership through a chain process of new members securing
other new members and thereby advancing themselves in the group to a position
where such members in turn receive fees, dues, or things of material value from
other members, is declared to be a lottery; and whoever shall participate in any
such lottery by becoming a member of, or affiliating with, any such group or
organization or whoever shall solicit any person for membership or affiliation
in any such group or organization shall be guilty of a misdemeanor of a high and
aggravated nature; provided, however, that this Code section shall not include a
'multilevel distribution company,' as defined in paragraph (6) of Code Section
10-1-410, which is operating in compliance with Part 3 of Article 15 of Chapter
1 of Title 10.
16-12-50.
[
Index ]
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.
16-12-51.
[
Index ]
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. A
bingo game may be played manually or with an electronic or computer device that
stores the numbers from a player?s card or cards, tracks the numbers chosen by
lot when such numbers are entered by the player, and notifies the player of a
winning combination. Such words, terms, or phrases, as used in this paragraph,
shall be strictly construed to include only the series of acts generally defined
as bingo and shall exclude all other activity.
(2)
'Bingo session' means a time period during which bingo games are played.
(3) 'Director' means the director of the Georgia
Bureau of Investigation.
(4) 'Operate,' 'operated,'
or 'operating' means the direction, supervision, management, operation, control,
or guidance of activity.
(5) 'Recreational bingo'
means a bingo session operated by any person or entity at no charge to
participants in which the prizes for each bingo game during the bingo session
shall be noncash prizes and the total of such prizes for each such game shall
not exceed the amount established pursuant to regulations established by the
director. No such noncash prize awarded in recreational bingo shall be exchanged
or redeemed for money or for any other prize with a value in excess of the
amount established pursuant to regulations established by the director.
Recreational bingo shall also include a bingo session operated by a nonprofit,
tax-exempt licensed operator of bingo games at no charge to participants in
which the participants are senior citizens attending a function at a facility of
the tax-exempt licensed organization or are residents of nursing homes,
retirement homes, senior centers, or hospitals and in which the prizes for each
bingo game during the bingo session shall be nominal cash prizes not to exceed
$5.00 for any single prize and the total of such prizes for each such game shall
not exceed the amount established pursuant to regulations established by the
director. Recreational bingo shall also include a bingo session operated by an
employer with ten or more full-time employees for the purposes of providing a
safe workplace incentive and in which the prizes are determined by the employer;
provided, however, that no monetary consideration is required by any participant
other than the employer and the employer expressly prohibits any monetary
consideration from any employee. Recreational bingo shall not be considered a
lottery as defined in paragraph (4) of Code Section 16-12-20 or a form of
gambling as defined in Code Section 16-12-21.
16-12-52.
[
Index ]
(a) Any other
law to the contrary notwithstanding except for subsection (b) of this Code
section, no nonprofit, tax-exempt organization shall be permitted to operate a
bingo game until the director issues a license to the organization authorizing
it to do so. In the event of any controversy concerning whether or not certain
activity constitutes bingo for which a license may be issued, the decision of
the director shall control. The license described in this Code section is in
addition to and not in lieu of any other licenses which may be required by this
state or any political subdivision thereof, and no bingo game shall be operated
until such time as all requisite licenses have been obtained.
(b) Recreational bingo is a nonprofit bingo game or a
bingo game operated by an employer with ten or more full-time employees for the
purpose of providing a safe workplace incentive and shall not be subject to the
licensing requirements and regulations provided in this part applicable to bingo
games not considered recreational bingo and operated by nonprofit, tax-exempt
organizations.
16-12-53.
[
Index ]
(a) Any nonprofit, tax-exempt organization desiring
to obtain a license to operate bingo games shall make application to the
director on forms prescribed by the Georgia Bureau of Investigation and shall
pay an annual fee of $100.00. No license shall be issued to any nonprofit,
tax-exempt organization unless the organization has been in existence for 12
months immediately prior to the issuance of the license. The license will expire
at 12:00 Midnight on December 31 following the granting of the license. Renewal
applications for each calendar year shall be filed with the director prior to
January 1 of each year and shall be on a form prescribed by the Georgia Bureau
of Investigation.
(b) Each application for a license
and each application for renewal of a license shall contain the following
information:
(1) The name and home address of the
applicant and, if the applicant is a corporation, association, or other similar
legal entity, the names and home addresses of each of the officers of the
organization as well as the names and addresses of the directors, or other
persons similarly situated, of the organization;
(2)
The names and home addresses of each of the persons who will be operating,
advertising, or promoting the bingo game;
(3) The
names and home addresses of any persons, organizations, or other legal entities
that will act as surety for the applicant or to which the applicant is
financially indebted or to which any financial obligation is owed by the
applicant;
(4) A determination letter from the
Internal Revenue Service certifying that the applicant is an organization exempt
under federal tax law;
(5) A determination letter
from the Georgia Department of Revenue certifying that the applicant is exempt
under the tax laws of this state;
(6) The location at
which the applicant will conduct the bingo games and, if the premises on which
the games are to be conducted is to be leased, a copy of the lease or rental
agreement;
(7) A statement showing the convictions,
if any, for criminal offenses other than minor traffic offenses of each of the
persons listed in paragraphs (1), (2), and (3) of this subsection;
and
(8) Any other necessary and reasonable information
which the director may require.
(c) The director
shall refuse to grant a bingo license to any applicant who fails to provide
fully the information required by this Code section.
(d) When a nonprofit, tax-exempt organization which
operates or intends to operate bingo games for residents and patients of a
retirement home, nursing home, or hospital operated by that organization at
which gross receipts are or will be limited to $100.00 or less during each bingo
session and pays or will pay prizes having a value of $100.00 or less during
each bingo session, then, notwithstanding any other provision of this part or
any rule or regulation promulgated by the director pursuant to the provisions of
Code Section 16-12-61, neither the applicant nor any of the persons whose names
and addresses are required under paragraphs (1) and (2) of subsection (b) of
this Code section shall be required to submit or provide fingerprints or
photographs as a condition of being granted a license.
16-12-54.
[
Index ]
(a) The
director shall have the specific authority to suspend or revoke any license for
any violation of this part or for any violation of any rule or regulation
promulgated under this part. Any licensee accused of violating any provision of
this part or of any rule or regulation promulgated hereunder shall be entitled,
unless waived, to a hearing on the matter of the alleged violation conducted in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
(b) By making application for a license under
this part, every applicant consents that the director, as well as any of his
agents, together with any prosecuting attorney, as well as any of his agents,
may come upon the premises of any licensee or upon any premises on which any
licensee is conducting a bingo game for the purpose of examining the accounts
and records of the licensee to determine if a violation of this part has
occurred.
16-12-55.
[
Index ]
The
director shall upon the request of any prosecuting attorney or his designee
certify the status of any organization as to that organization´s exemption
from payment of state income taxes as a nonprofit organization. The director
shall also upon request issue a certificate indicating whether any particular
organization holds a currently valid license to operate a bingo game. Such
certificates properly executed shall be admissible in evidence in any
prosecution and Code Section 48-7-60, relative to the disclosure of income tax
information, shall not apply to the furnishing of such certificate.
16-12-56.
[
Index ]
Notwithstanding the other provisions of this part, the
director upon receiving written application therefor shall be authorized to
issue a one-time license to a nonprofit, tax-exempt school which will allow it
to operate a bingo game one day annually. In such cases, the director shall have
the power to waive the license fee provided for in Code Section 16-12-53, to
waive the annual report provided for in Code Section 16-12-59, and otherwise
promulgate rules and regulations to carry out this Code section.
16-12-57.
[
Index ]
Bingo games
shall be operated only on premises owned by the nonprofit, tax-exempt
organization operating the bingo game, on property leased by the nonprofit,
tax-exempt organization and used regularly by that organization for purposes
other than the operation of a bingo game, or on property leased by the
nonprofit, tax-exempt organization operating the bingo game from another
nonprofit, tax-exempt organization.
16-12-58.
[
Index ]
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 game of
bingo conducted pursuant to any license issued under this part.
16-12-59.
[
Index ]
On or before
April 15 of each year, every nonprofit, tax-exempt organization engaged in
operating bingo games shall file with the director a report disclosing all
receipts and expenditures relating to the operation of bingo games in the
previous year. The report shall be in addition to all other reports required by
law. The report shall be prepared and signed by a certified or registered public
accountant competent to prepare such a report and shall be deemed a public
record subject to public inspection.
16-12-60.
[
Index ]
(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;
(2) An itemized list of all expenses other than
prizes that are incurred in the conducting of the bingo session as well as the
name of each person to whom the expenses are paid and a receipt for all of the
expenses;
(3) A list of all prizes awarded during the
bingo session and the name and address of all persons who are winners of prizes
of $50.00 or more in value;
(4) An itemized list of
the recipients other than the licensee of the proceeds of the bingo game,
including the name and address of each recipient to whom such funds are
distributed; and
(5) A record of the number of persons
who participate in any bingo session conducted by the licensee.
(b) A licensee shall:
(1)
Own all the equipment used to conduct a bingo game or lease such equipment;
(2) Display its bingo license conspicuously at the
location where the bingo game is conducted;
(3)
Conduct bingo games only at the single location specified in the licensee?s
application; and
(4) Not conduct more than one bingo
session during any one calendar day, which session shall not exceed five hours.
(c) No nonprofit, tax-exempt organization shall enter
into any contract with any individual, firm, association, or corporation to have
such individual, firm, association, or corporation operate bingo games or
concessions on behalf of the nonprofit, tax-exempt organization.
(d) A nonprofit, tax-exempt organization shall not
lend its name nor allow its identity to be used by any individual, firm,
association, or corporation in the operating or advertising of a bingo game in
which said nonprofit, tax-exempt organization is not directly and solely
operating the bingo game.
(e) It shall be unlawful
for two or more nonprofit, tax-exempt organizations which are properly licensed
pursuant to this part to operate bingo games jointly or to operate bingo games
upon the same premises during any 18 hour period.
(f)
It shall be unlawful to award prizes in excess of $1,500.00 in cash or gifts of
equivalent value during any calendar day or $3,000.00 in cash or gifts of
equivalent value during any calendar week. It shall be unlawful to exceed such
limits at any combination of locations operated by a single licensee or such
licensee?s agents or employees. It shall be unlawful for two or more licensees
to pyramid the valuation of prizes in such manner as to exceed the limits
contained in this Code section. The term 'equivalent value' shall mean the fair
market value of the gift on the date the gift is given as the prize in a bingo
game.
(g) No person or organization by whatever name
or composition thereof shall take any salary, expense money, or fees for the
operation of any bingo game, except that not more than $30.00 per day may be
paid to one or more individuals for assisting in the conduct of such games on
such day.
(h) No person shall pay consulting fees to
any person for any services performed in relation to the operation or conduct of
a bingo game.
(i) A person who is a member of more
than one nonprofit, tax-exempt organization shall be permitted to participate in
the bingo operations of only two organizations of which such person is a member;
provided, however, that such person shall not receive more than $30.00 per day
for assisting in the conduct of bingo games regardless of whether such person
assists both organizations in the same day.
16-12-61.
[
Index ]
The director
is authorized to promulgate rules and regulations which he deems necessary for
the proper administration and enforcement of this part.
16-12-62.
[
Index ]
Any person who
operates a bingo game for which a license is required without a valid license
issued by the director 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 accordingly. Any person who knowingly aids, abets, or
otherwise assists in the operation of a bingo game for which a license is
required and has not been obtained as provided in this part similarly commits
the offense of commercial gambling. Any person who violates any other provision
of this part, including the provisions relating to recreational bingo, shall be
guilty of a misdemeanor of a high and aggravated nature. Any person who commits
any such violation after having previously been convicted of any violations of
this part shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than five years or by a
fine not to exceed $10,000.00, or both.
16-12-80.
[
Index ]
(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, or possesses such material with the intent to do so, provided that the word
'knowing,' as used in this Code section, shall be deemed to be either actual or
constructive knowledge of the obscene contents of the subject matter; and a
person has constructive knowledge of the obscene contents if he has knowledge of
facts which would put a reasonable and prudent person on notice as to the
suspect nature of the material; provided, however, that the character and
reputation of the individual charged with an offense under this law, and, if a
commercial dissemination of obscene material is involved, the character and
reputation of the business establishment involved may be placed in evidence by
the defendant on the question of intent to violate this law. Undeveloped
photographs, molds, printing plates, and the like shall be deemed obscene
notwithstanding that processing or other acts may be required to make the
obscenity patent or to disseminate it.
(b) Material
is obscene if:
(1) To the average person, applying
contemporary community standards, taken as a whole, it predominantly appeals to
the prurient interest, that is, a shameful or morbid interest in nudity, sex, or
excretion;
(2) The material taken as a whole lacks
serious literary, artistic, political, or scientific value;
and
(3) The material depicts or describes, in a
patently offensive way, sexual conduct specifically defined in subparagraphs (A)
through (E) of this paragraph:
(A) Acts of sexual
intercourse, heterosexual or homosexual, normal or perverted, actual or
simulated;
(B) Acts of masturbation;
(C) Acts involving excretory functions or lewd
exhibition of the genitals;
(D) Acts of bestiality or
the fondling of sex organs of animals; or
(E) Sexual
acts of flagellation, torture, or other violence indicating a sadomasochistic
sexual relationship.
(c) Any device designed or
marketed as useful primarily for the stimulation of human genital organs is
obscene material under this Code section.
(d)
Material not otherwise obscene may be obscene under this Code section if the
distribution thereof, the offer to do so, or the possession with the intent to
do so is a commercial exploitation of erotica solely for the sake of their
prurient appeal.
(e) It is an affirmative defense
under this Code section that dissemination of the material was restricted to:
(1) A person associated with an institution of higher
learning, either as a member of the faculty or a matriculated student, teaching
or pursuing a course of study related to such material;
or
(2) A person whose receipt of such material was
authorized in writing by a licensed medical practitioner or psychiatrist.
(f) A person who commits the offense of distributing
obscene material shall be guilty of a misdemeanor of a high and aggravated
nature.
16-12-81.
[
Index ]
(a) A
person commits the offense of distributing material depicting nudity or sexual
conduct when he sends unsolicited through the mail or otherwise unsolicited
causes to be delivered material depicting nudity or sexual conduct to any person
or residence or office unless there is imprinted upon the envelope or container
of such material in not less than eight-point boldface type the following
notice:
'Notice — The material contained herein
depicts nudity or sexual conduct. If the viewing of such material could be
offensive to the addressee, this container should not be opened but returned to
the sender.'
(b) As used within this Code section,
the term:
(1) 'Nudity' means the showing of the human
male or female genitals, pubic area, or buttocks with less than a full opaque
covering or the depiction of covered male genitals in a discernibly turgid
state.
(2) 'Sexual conduct' means acts of
masturbation, homosexuality, sodomy, sexual intercourse, or physical contact
with a person´s clothed or unclothed genitals, pubic area, buttocks, or, if
the person is female, breast.
(c) A person who
commits the offense of distributing material depicting nudity or sexual conduct,
upon conviction thereof, shall be punished by imprisonment for not less than one
nor more than three years or by a fine not to exceed $10,000.00, or both.
16-12-82.
[
Index ]
The use of any
premises in violation of any of the provisions of this part shall constitute a
public nuisance.
16-12-83.
[
Index ]
Any materials declared to be obscene by this part and
advertisements for such materials are declared to be contraband.
16-12-84.
[
Index ]
Repealed.
16-12-85.
[
Index ]
(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 adults or requires minors to be accompanied by a
parent or guardian. Scenes of such restricted films may be shown within a
theater if the audience has been similarly restricted as to viewing age and
conditions.
(b) This Code section shall not apply to
motion pictures which are not rated as to viewing audience nor to the first
display of a preview trailer from any motion picture.
(c) Any person who violates subsection (a) of this
Code section shall be guilty of a misdemeanor.
16-12-100.
[
Index ]
(a) As used
in this Code section, the term:
(1) 'Minor' means any
person under the age of 18 years.
(2) 'Performance'
means any play, dance, or exhibit to be shown to or viewed by an audience.
(3) 'Producing' means producing, directing,
manufacturing, issuing, or publishing.
(4) 'Sexually
explicit conduct' means actual or simulated:
(A)
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C)
Masturbation;
(D) Lewd exhibition of the genitals or
pubic area of any person;
(E) Flagellation or torture
by or upon a person who is nude;
(F) Condition of
being fettered, bound, or otherwise physically restrained on the part of a
person who is nude;
(G) Physical contact in an act of
apparent sexual stimulation or gratification with any person?s unclothed
genitals, pubic area, or buttocks or with a female?s nude breasts;
(H) Defecation or urination for the purpose of sexual
stimulation of the viewer; or
(I) Penetration of the
vagina or rectum by any object except when done as part of a recognized medical
procedure.
(5) 'Visual medium' means any film,
photograph, negative, slide, magazine, or other visual medium.
(b)(1) It is unlawful for any person knowingly to
employ, use, persuade, induce, entice, or coerce any minor to engage in or
assist any other person to engage in any sexually explicit conduct for the
purpose of producing any visual medium depicting such conduct.
(2) It is unlawful for any parent, legal guardian, or
person having custody or control of a minor knowingly to permit the minor to
engage in or to assist any other person to engage in sexually explicit conduct
for the purpose of producing any visual medium depicting such conduct.
(3) It is unlawful for any person knowingly to
employ, use, persuade, induce, entice, or coerce any minor to engage in or
assist any other person to engage in any sexually explicit conduct for the
purpose of any performance.
(4) It is unlawful for
any parent, legal guardian, or person having custody or control of a minor
knowingly to permit the minor to engage in or to assist any other person to
engage in sexually explicit conduct for the purpose of any performance.
(5) It is unlawful for any person knowingly to
create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess
with intent to sell or distribute any visual medium which depicts a minor or a
portion of a minor?s body engaged in any sexually explicit conduct.
(6) It is unlawful for any person knowingly to
advertise, sell, purchase, barter, or exchange any medium which provides
information as to where any visual medium which depicts a minor or a portion of
a minor?s body engaged in any sexually explicit conduct can be found or
purchased.
(7) It is unlawful for any person
knowingly to bring or cause to be brought into this state any material which
depicts a minor or a portion of a minor?s body engaged in any sexually explicit
conduct.
(8) It is unlawful for any person knowingly
to possess or control any material which depicts a minor or a portion of a
minor?s body engaged in any sexually explicit conduct.
(c) A person who, in the course of processing or
producing visual or printed matter either privately or commercially, has
reasonable cause to believe that the visual or printed matter submitted for
processing or producing depicts a minor engaged in sexually explicit conduct
shall immediately report such incident, or cause a report to be made, to the
Georgia Bureau of Investigation or the law enforcement agency for the county in
which such matter is submitted. Any person participating in the making of a
report or causing a report to be made pursuant to this subsection or
participating in any judicial proceeding or any other proceeding resulting
therefrom shall in so doing be immune from any civil or criminal liability that
might otherwise be incurred or imposed, providing such participation pursuant to
this subsection is made in good faith.
(d) The
provisions of subsection (b) of this Code section shall not apply to the
activities of law enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses or to legitimate medical, scientific, or
educational activities.
(e)(1) A person who is
convicted of an offense under this Code section shall forfeit to the State of
Georgia such interest as the person may have in:
(A)
Any property constituting or directly derived from gross profits or other
proceeds obtained from such offense; and
(B) Any
property used, or intended to be used, to commit such offense.
(2) In any action under this Code section, the court
may enter such restraining orders or take other appropriate action, including
acceptance of performance bonds, in connection with any interest that is subject
to forfeiture.
(3) The court shall order forfeiture
of property referred to in paragraph (1) of this subsection if the trier of fact
determines, beyond a reasonable doubt, that such property is subject to
forfeiture.
(4) The provisions of subsection (u) of
Code Section 16-13-49 shall apply for the disposition of any property forfeited
under this subsection. In any disposition of property under this subsection, a
convicted person shall not be permitted to acquire property forfeited by such
person.
(f)(1) The following property shall be
subject to forfeiture to the State of Georgia:
(A)
Any material or equipment used, or intended for use, in producing, reproducing,
transporting, shipping, or receiving any visual medium in violation of this Code
section;
(B) Any visual medium produced, transported,
shipped, or received in violation of this Code section, or any material
containing such depiction; provided, however, that any such property so
forfeited shall be destroyed by the appropriate law enforcement agency after it
is no longer needed in any court proceedings; or
(C)
Any property constituting or directly derived from gross profits or other
proceeds obtained from a violation of this Code section;
except that no property of any owner shall be
forfeited under this paragraph, to the extent of the interest of such owner, by
reason of an act or omission established by such owner to have been committed or
omitted without knowledge or consent of such owner.
(2) The procedure for forfeiture and disposition of
forfeited property under this subsection shall be as provided for forfeitures
under Code Section 16-13-49.
(g)(1) Except as
otherwise provided in paragraph (2) of this subsection, any person who violates
a provision of this Code section shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than five nor
more than 20 years and by a fine of not more than $100,000.00. In the event,
however, that the person so convicted is a member of the immediate family of the
victim, no fine shall be imposed.
(2) Any person who
violates subsection (c) of this Code section shall be guilty of a misdemeanor.
16-12-100.1.
[
Index ]
(a) As
used in this Code section, the term:
(1) 'Bulletin
board system' means a computer data and file service that is accessed by
telephone line to store and transmit information.
(2)
'CD-ROM' means a compact disc with read only memory which has the capacity to
store audio, video, and written materials and is used by computers to reveal the
above-said material.
(3) 'Electronically furnishes'
means:
(A) To make available by electronic storage
device, including floppy disks and other magnetic storage devices, or by CD-ROM;
or
(B) To make available by allowing access to
information stored in a computer, including making material available by
operating a computer bulletin board.
(4) '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, or morbid interest of minors;
(B)
Is patently offensive to prevailing standards in the adult community as a whole
with respect to what is suitable material for minors;
and
(C) Is, when taken as a whole, lacking in serious
literary, artistic, political, or scientific value for minors.
(5) 'Minor' means an unmarried person younger than 18
years of age.
(6) 'Sadomasochistic abuse' means
flagellation or torture by or upon a person who is nude or clad in undergarments
or in revealing or bizarre costume or the condition of being fettered, bound, or
otherwise physically restrained on the part of one so clothed.
(7) 'Sexual conduct' means human masturbation, sexual
intercourse, or any touching of the genitals, pubic areas, or buttocks of the
human male or female or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
(8)
'Sexual excitement' means the condition of human male or female genitals or the
breasts of the female when in a state of sexual stimulation.
(b) A person commits the crime of electronically
furnishing obscene materials to minors if:
(1)
Knowing or having good reason to know the character of the material furnished,
the person electronically furnishes to an individual whom the person knows or
should have known is a minor:
(A) Any picture,
photograph, drawing, or similar visual representation or image of a person or
portion of a human body which depicts sexually explicit nudity, sexual conduct,
or sadomasochistic abuse and which is harmful to minors;
or
(B) Any written or aural matter that contains
material of the nature described in subparagraph (A) of this paragraph or
contains explicit verbal descriptions or narrative accounts of sexual conduct,
sexual excitement, or sadomasochistic abuse;
(2) The
offensive portions of the material electronically furnished to the minor are not
merely an incidental part of an otherwise nonoffending whole;
(3) The material furnished to the minor, taken as a
whole, lacks serious literary, artistic, political, or scientific value;
and
(4) The material furnished to the minor, taken as
a whole, is harmful to minors in that it appeals to and incites prurient
interest.
(c) Any person who violates this Code
section shall be guilty of a misdemeanor of a high and aggravated nature.
16-12-100.2.
[
Index ]
(a) This
Code section shall be known and may be cited as the 'Computer Pornography and
Child Exploitation Prevention Act of 1999.'
(b) As
used in this Code section, the term:
(1) 'Child'
means any person under the age of 16 years.
(2)
'Identifiable child' means a person:
(A) Who was a
child at the time the visual depiction was created, adapted, or modified or
whose image as a child was used in creating, adapting, or modifying the visual
depiction; and
(B) Who is recognizable as an actual
person by the person?s face, likeness, or other distinguishing characteristic,
such as a unique birthmark or other recognizable feature or by electronic or
scientific means as may be available.
The term shall
not be construed to require proof of the actual identity of the child.
(3) 'Sadomasochistic abuse' has the same meaning as
provided in Code Section 16-12-100.1.
(4) 'Sexual
conduct' has the same meaning as provided in Code Section 16-12-100.1.
(5) 'Sexual excitement' has the same meaning as
provided in Code Section 16-12-100.1.
(6) 'Sexually
explicit nudity' has the same meaning as provided in Code Section 16-12-102.
(7) 'Visual depiction' means any image and includes
undeveloped film and video tape and data stored on computer disk or by
electronic means which is capable of conversion into a visual image or which has
been created, adapted, or modified to show an identifiable child engaged in
sexually explicit conduct.
(c)(1) A person commits
the offense of computer pornography if such person intentionally or willfully:
(A) Compiles, enters into, or transmits by means of
computer;
(B) Makes, prints, publishes, or reproduces
by other computerized means;
(C) Causes or allows to
be entered into or transmitted by means of computer;
or
(D) Buys, sells, receives, exchanges, or
disseminates
any notice, statement, or advertisement,
or any child?s name, telephone number, place of residence, physical
characteristics, or other descriptive or identifying information for the purpose
of offering or soliciting sexual conduct of or with an identifiable child or the
visual depiction of such conduct.
(2) Any person
convicted of violating paragraph (1) of this subsection shall be punished by a
fine of not more than $10,000.00 and by imprisonment for not less than one nor
more than 20 years.
(d)(1) It shall be unlawful for
any person intentionally or willfully to utilize a computer on-line service or
Internet service, including but not limited to a local bulletin board service,
Internet chat room, e-mail, or on-line messaging service to seduce, solicit,
lure, or entice, or attempt to seduce, solicit, lure, or entice a child or
another person believed by such person to be a child to commit any illegal act
described in Code Section 16-6-2, relating to the offense of sodomy or
aggravated sodomy; Code Section 16-6-4, relating to the offense of child
molestation or aggravated child molestation; Code Section 16-6-5, relating to
the offense of enticing a child for indecent purposes; or Code Section 16-6-8,
relating to the offense of public indecency or to engage in any conduct that by
its nature is an unlawful sexual offense against a child.
(2) Any person who violates paragraph (1) of this
subsection shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than 20 years and by a
fine of not more than $25,000.00; provided, however, that, if at the time of the
offense the victim was 14 or 15 years of age and the defendant was no more than
three years older than the victim, then the defendant shall be guilty of a
misdemeanor of a high and aggravated nature.
(e)(1) A
person commits the offense of obscene Internet contact with a child if he or she
has contact with someone he or she knows to be a child or with someone he or she
believes to be a child via a computer on-line service or Internet service,
including but not limited to a local bulletin board service, Internet chat room,
e-mail, or on-line messaging service, and the contact involves any matter
containing explicit verbal descriptions or narrative accounts of sexually
explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse
that is intended to arouse or satisfy the sexual desire of either the child or
the person, provided that no conviction shall be had for a violation of this
subsection on the unsupported testimony of a child.
(2) Any person who violates paragraph (1) of this
subsection shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than ten years or by a
fine of not more than $10,000.00; provided, however, that, if at the time of the
offense the victim was 14 or 15 years of age and the defendant was no more than
three years older than the victim, then the defendant shall be guilty of a
misdemeanor of a high and aggravated nature.
(f)(1)
It shall be unlawful for any owner or operator of a computer on-line service,
Internet service, or local bulletin board service intentionally or willfully to
permit a subscriber to utilize the service to commit a violation of this Code
section, knowing that such person intended to utilize such service to violate
this Code section. No owner or operator of a public computer on-line service,
Internet service, or local bulletin board service shall be held liable on
account of any action taken in good faith in providing the aforementioned
services.
(2) Any person who violates paragraph (1)
of this subsection shall be guilty of a misdemeanor of a high and aggravated
nature.
(g) The sole fact that an undercover
operative or law enforcement officer was involved in the detection and
investigation of an offense under this Code section shall not constitute a
defense to prosecution under this Code section.
(h) A
person is subject to prosecution in this state pursuant to Code Section 17-2-1,
relating to jurisdiction over crimes and persons charged with commission of
crimes generally, for any conduct made unlawful by this Code section which the
person engages in while either within or outside of this state if, by such
conduct, the person commits a violation of this Code section which involves a
child who resides in this state or another person believed by such person to be
a child residing in this state.
(i) Any violation of
this Code section shall constitute a separate offense.
16-12-100.3.
[
Index ]
(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 explicit nudity' has the same meaning as
provided for that term in Code Section 16-12-102, relating to distributing
harmful materials to minors; and the term 'child' means a person under 14 years
of age.
(b) A person 17 years of age or over commits
the offense of obscene telephone contact with a child if that person has
telephone contact with an individual whom that person knows or should have known
is a child, and that contact involves any aural matter containing explicit
verbal descriptions or narrative accounts of sexually explicit nudity, sexual
conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse
or satisfy the sexual desire of either the child or the person, provided that no
conviction shall be had for this offense on the unsupported testimony of the
victim.
(c)(1) Except as otherwise provided in other
paragraphs of this subsection, a person convicted of the offense of obscene
telephone contact with a child shall be guilty of a misdemeanor of a high and
aggravated nature.
(2) Upon the first conviction of
the offense of obscene telephone contact with a child:
(A) If the person convicted is less than 21 years of
age, such person shall be guilty of a misdemeanor;
or
(B) The judge may probate the sentence without
regard to the age of the convicted person, and such probation may be upon the
special condition that the defendant undergo a mandatory period of counseling
administered by a licensed psychiatrist or a licensed psychologist. However, if
the judge finds that such probation should not be imposed, the judge shall
sentence the defendant to imprisonment; provided, further, that upon a
defendant´s being incarcerated on a conviction for such first offense, the
place of incarceration shall provide counseling to such defendant.
(3) Upon a second or subsequent conviction of such
offense, the defendant shall be guilty of a felony and punished by imprisonment
for not less than one nor more than five years.
16-12-101.
[
Index ]
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 materials are in the best interest of the
morals and general welfare of the citizens of this state in general and of
minors in this state in particular. The accomplishment of these ends can best be
achieved by providing public prosecutors with an effective power to commence
criminal proceedings against persons who engage in the sale, loan, or exhibition
of harmful materials to minors.
16-12-102.
[
Index ]
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, or morbid interest of minors;
(B)
Is patently offensive to prevailing standards in the adult community as a whole
with respect to what is suitable material for minors;
and
(C) Is, when taken as a whole, lacking in serious
literary, artistic, political, or scientific value for minors.
(2) 'Knowingly' means having a general knowledge of,
or reason to know, or a belief or ground for belief which warrants further
inspection or inquiry of both:
(A) The character and
content of any material described in this part which is reasonably susceptible
to examination by the defendant; and
(B) The age of
the minor; provided, however, that an honest mistake shall constitute an excuse
from liability in this part if the defendant made a reasonable, bona fide
attempt to ascertain the true age of such minor.
(3)
'Minor' means a person less than 18 years of age.
(4)
'Sadomasochistic abuse' means actual or simulated flagellation or torture by or
upon a person who is nude, clad in undergarments, a mask or bizarre costume, or
the condition of being fettered, bound, or otherwise physically restrained by
one so clothed or nude.
(5) 'Sexual conduct' means
actual or simulated acts of masturbation, homosexuality, sexual intercourse, or
physical contact in an act of apparent sexual stimulation or gratification with
a person´s clothed or unclothed genitals, pubic area, buttocks, or, if such
person is female, breasts.
(6) 'Sexual excitement'
means the condition of human male or female genitals when in a state of sexual
stimulation or arousal.
(7) 'Sexually explicit
nudity' means a state of undress so as to expose the human male or female
genitals, pubic area, or buttocks with less than a full opaque covering, or the
showing of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered or
uncovered male genitals in a discernibly turgid state.
16-12-103.
[
Index ]
(a) It shall
be unlawful for any person knowingly to sell or loan for monetary consideration
or otherwise furnish or disseminate to a minor:
(1)
Any picture, photograph, drawing, sculpture, motion picture film, or similar
visual representation or image of a person or portion of the human body which
depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and
which is harmful to minors; or
(2) Any book, pamphlet,
magazine, printed matter however reproduced, or sound recording which contains
any matter enumerated in paragraph (1) of this subsection, or explicit and
detailed verbal descriptions or narrative accounts of sexual excitement, sexual
conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to
minors.
(b)(1) It shall be unlawful for any person
knowingly to sell or furnish to a minor an admission ticket or pass or knowingly
to admit a minor to premises whereon there is exhibited a motion picture, show,
or other presentation which, in whole or in part, depicts sexually explicit
nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors
or exhibit any such motion picture at any such premises which are not designed
to prevent viewing from any public way of such motion picture by minors not
admitted to any such premises.
(2) It shall be
unlawful for any person knowingly to sell or to furnish to a person under the
age of 21 an admission ticket or pass or knowingly to admit a person under the
age of 21 to premises whereon there is exhibited a show or performance which is
harmful to minors and which, in whole or in part, consists of sexually explicit
nudity on the part of one or more live performers; sexual conduct on the part of
one or more live performers; or sadomasochistic abuse on the part of one or more
live performers.
(c) It shall be unlawful for any
person to falsely represent his or her age to any person mentioned in subsection
(a) or subsection (b) of this Code section or to his or her agent with the
intent to unlawfully procure any material set forth in subsection (a) of this
Code section or with the intent to unlawfully procure such person´s
admission to any motion picture, show, or other presentation, as set forth in
subsection (b) of this Code section.
(d) It shall be
unlawful for any person knowingly to make a false representation to any person
mentioned in subsection (a) or subsection (b) of this Code section or to his or
her agent that he or she is the parent or guardian of any minor or knowingly to
make a false representation with respect to the age of another person with the
intent to unlawfully procure for such other person any material set forth in
subsection (a) of this Code section or with the intent to unlawfully procure
such other person´s admission to any motion picture, show, or other
presentation, as set forth in subsection (b) of this Code section.
(e) It shall be unlawful for any person knowingly to
exhibit, expose, or display in public at newsstands or any other business or
commercial establishment or at any other public place frequented by minors or
where minors are or may be invited as part of the general public:
(1) Any picture, photograph, drawing, sculpture,
motion picture film, or similar visual representation or image of a person or
portion of the human body which depicts sexually explicit nudity, sexual
conduct, or sadomasochistic abuse and which is harmful to minors;
or
(2) Any book, pamphlet, magazine, printed matter
however reproduced, or sound recording which contains any matter enumerated in
paragraph (1) of this subsection, or explicit and detailed verbal descriptions
or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic
abuse and which, taken as a whole, is harmful to minors.
16-12-104.
[
Index ]
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.
16-12-105.
[
Index ]
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.
16-12-106 through 16-12-108.
Repealed.
16-12-109.
[
Index ]
Reserved.
16-12-110
through 16-12-113.
Repealed.
16-12-120.
[
Index ]
(a) A person who commits or attempts to commit any of
the following acts in a public transit bus, a rapid rail car, or a rapid rail
station or intermodal bus station shall be guilty of a misdemeanor:
(1) Spits, defecates, or urinates;
(2) Discards litter, except into receptacles
designated for that purpose;
(3) Smokes tobacco in
any form;
(4) Consumes food or beverage or possesses
any open food or beverage container, provided that this paragraph shall not
apply to resealable bottled water beverages in resealable plastic containers, to
an operator of a public transit bus at an authorized layover point, or to a
person providing food or beverage to any child under age five; provided,
however, that nothing in this paragraph shall preclude a public transit system
operated or funded by a county, municipality, or consolidated government from
prohibiting the consumption of any beverage in a public transit bus;
(5) Plays any radio; cassette, cartridge, or tape
player; or similar device unless such device is connected to an earphone that
limits the sound to the hearing of the individual user;
(6) Carries or possesses any explosives, acids, other
dangerous articles, or live animals, except for the following:
(A) A guide dog or service dog as described in Code
Section 30-4-2, provided that such guide dog or service dog is accompanied by a
physically disabled person, blind person, person with visual disabilities, deaf
person, or a person who is responsible for training a guide dog or service dog;
and
(B) Small pets confined to rigid pet carriers with
locks or latches;
(7) Obstructs, hinders, interferes
with, or otherwise disrupts or disturbs the operation, operator, or passengers
of a public transit bus or rapid rail car;
(8) Boards
any public transit bus through the rear exit door, unless so directed by an
employee or agent of the carrier;
(9) Remains aboard
any public transit bus or rapid rail car after such vehicle has completed its
scheduled route and passengers have been advised to exit the vehicle or remains
aboard any public transit bus or rapid rail car after having been warned and
after such vehicle has entered a garage or other restricted area not open to the
public;
(10) Enters, exits, or passes through any
emergency door of any rapid rail car or public transit bus in the absence of a
bona fide emergency; or
(11) Enters the operator?s cab
or driver?s seat of any rapid rail car or public transit bus in the absence of a
bona fide emergency.
(b) Employees of a public
transportation authority or carrier while at work performing the duties of their
employment shall be exempted from the restrictions of paragraphs (8), (9), (10),
and (11) of subsection (a) of this Code section.
(c)
A person convicted of a first offense of violating subsection (a) of this Code
section shall be punished by a fine of not less than $50.00 and not more than
$100.00. Upon a second or subsequent conviction, a person shall be punished by a
fine of not less than $100.00 and not more than $250.00 or by imprisonment for
not more than ten days, or both.
(d) This Code
section shall be cumulative to and shall not prohibit the enactment of any other
general and local laws, rules, and regulations of state or local authorities or
agencies, and local ordinances prohibiting such activities which are more
restrictive than this Code section.
16-12-120.1.
[
Index ]
A person who commits or attempts to commit any of the
following acts shall be guilty of a misdemeanor:
(1)
Sells, makes, or possesses any coin, note, token, transfer, transaction card, or
similar article which has been altered from its original condition contrary to
its intended use to enter or gain entry into or on any bus, rail vehicle, or
station;
(2) Sells or exchanges any token, transfer,
transaction card, ticket, fare medium, or similar article used or to be used as
payment for entry into or on any bus, rail vehicle, or terminal without the
express consent of the public transit agency owning or operating such vehicles
or stations;
(3) Offers entry or provides entry into
or on any bus, rapid rail car, or station to any person without the payment of
the proper fare to the public transit agency owning or operating such vehicles
or stations;
(4) Gains entry into or on any bus,
rapid rail car, or station without the payment of the proper fare to the public
transit agency owning or operating such vehicles or stations;
or
(5) Gains entry into or on any bus, rapid rail car,
or station through the use of a transcard, transaction card, or other similar
fare media which is the property of another person.
16-12-121.
[
Index ]
This part
shall be known and may be cited as the 'Transportation Passenger Safety
Act.'
16-12-122.
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 item of any type being allowed into a secure area without being
subjected to security measures or the assembly of items into an object or
substance that is prohibited under the laws of this state or of the United
States or any of their agencies, political subdivisions, or authorities after
such items have passed through a security measure into a secure area.
(3) 'Bus' means any passenger bus or coach or other
motor vehicle having a seating capacity of not less than 15 passengers operated
by a transportation company for the purpose of carrying passengers or freight
for hire.
(4) 'Charter' means a group of persons,
pursuant to a common purpose and under a single contract and at a fixed charge
for the vehicle in accordance with a transportation company´s tariff, who
have acquired the exclusive use of an aircraft, bus, or rail vehicle to travel
together as a group to a specified destination.
(5)
'Interfere with a security measure' means to take any action that is intended to
defeat, disable, or prevent the full operation of equipment or procedures
designed or intended to detect any object or substance, including, but not
limited to, disabling of any device so that it cannot fully function, creation
of any diversion intended to defeat a security measure, or packaging of any item
or substance so as to avoid detection by a security measure.
(6) 'Passenger' means any person served by the
transportation company; and, in addition to the ordinary meaning of passenger,
the term shall include any person accompanying or meeting another person who is
transported by such company, any person shipping or receiving freight, and any
person purchasing a ticket or receiving a pass.
(7)
'Rail vehicle' means any railroad or rail transit car, carriage, coach, or other
vehicle, whether self-propelled or not and designed to be operated upon a rail
or rails or other fixed right of way by a transportation company for the purpose
of carrying passengers or freight or both for hire.
(8) 'Secure area' means any enclosed or unenclosed
area within a terminal whereby access is restricted in any manner or the
possession of items subject to security measures is prohibited. Access to a
secure area may be restricted to persons specifically authorized by law,
regulation, or policy of the governing authority or transportation company
operating said terminal, and such access into a secure area may be conditioned
on passing through security measures, and possession of items may be restricted
to designated persons who are acting in the course of their official duties.
(9) 'Security measure' means any process or procedure
by which employees, agents, passengers, persons accompanying passengers,
containers, baggage, freight, or possessions of passengers or persons
accompanying passengers are screened, inspected, or examined by any means for
the purpose of ensuring the safety and welfare of aircraft, bus, or rail
vehicles and the employees, agents, passengers, and freight of any
transportation company. The security measures may be operated by or under the
authority of any governmental entity, transportation company, or any entity
contracting therewith.
(10) 'Terminal' means an
aircraft, bus, or rail vehicle station, depot, any such transportation facility,
or infrastructure relating thereto operated by a transportation company or
governmental entity or authority. This term includes a reasonable area
immediately adjacent to any designated stop along the route traveled by any
coach or rail vehicle operated by a transportation company or governmental
entity operating aircraft, bus, or rail vehicle transportation facility and
parking lots or parking areas adjacent to a terminal.
(11) 'Transportation company' or 'company' means any
person, group of persons, or corporation providing for-hire transportation to
passengers or freight by aircraft, by bus upon the highways in this state, by
rail vehicle upon any public or private right of way in this state, or by all,
including passengers and freight in interstate or intrastate travel. This term
shall also include transportation facilities owned or operated by local public
bodies; by municipalities; and by public corporations, authorities, boards, and
commissions established under the laws of this state, any of the several states,
the United States, or any foreign
nation.
16-12-123.
[
Index ]
(a)(1)
A person commits the offense of bus or rail vehicle hijacking when he or she:
(A) Seizes or exercises control by force or violence
or threat of force or violence of any bus or rail vehicle within the
jurisdiction of this state;
(B) By force or violence
or by threat of force or violence seizes or exercises control of any
transportation company or all or any part of the transportation facilities owned
or operated by any such company; or
(C) By force or
violence or by threat of force or violence substantially obstructs, hinders,
interferes with, or otherwise disrupts or disturbs the operation of any
transportation company or all or any part of a transportation facility.
(2) Any person convicted of the offense of bus or
rail hijacking shall be guilty of a felony and, upon conviction thereof, shall
be punished by imprisonment for life or by imprisonment for not less than one
nor more than 20 years.
(b) Any person who boards or
attempts to board an aircraft, bus, or rail vehicle with any explosive,
destructive device, or hoax device as such term is defined in Code Section
16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or
knife or other device designed or modified for the purpose of offense and
defense concealed on or about his or her person or property which is or would be
accessible to such person while on the aircraft, bus, or rail vehicle shall be
guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years. The prohibition of
this subsection shall not apply to any law enforcement officer, peace officer
retired from a state or federal law enforcement agency, person in the military
service of the state or of the United States, or commercial security personnel
employed by the transportation company who is in possession of weapons used
within the course and scope of their employment; nor shall the prohibition apply
to persons transporting weapons contained in baggage which is not accessible to
passengers if the presence of such weapons has been declared to the
transportation company and such weapons have been secured in a manner prescribed
by state or federal law or regulation for the purpose of transportation or
shipment. The provisions of this subsection shall not apply to any privately
owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle
has given his or her express permission to board the aircraft or vehicle with
the item.
(c) The company may employ reasonable
security measures, including any method or device, to detect concealed weapons,
explosives, or hazardous material in baggage or freight or upon the person of
the passenger. Upon the discovery of any such item or material in the
possession of a person, unless the item is a weapon in the possession of a
person exempted under subsection (b) of this Code section from the prohibition
of that subsection (b), the company shall obtain possession and retain custody
of such item or materials until they are transferred to the custody of law
enforcement officers.
16-12-124.
[
Index ]
(a) It shall be unlawful to remove any baggage,
freight, container, or other item transported upon an aircraft, bus, or rail
vehicle or stored in a terminal without consent of the owner of such property or
the company or its duly authorized representative. Any person violating this
Code section shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than five years.
(b) The actual value of an item removed in violation
of this Code section shall not be material to the crime herein
defined.
16-12-125.
[
Index ]
(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; provided, however, that any person
who violates this Code section with the intent to commit a felony within the
terminal or with regard to any aircraft, bus, or rail vehicle shall be punished
by imprisonment for not less than five nor more than 25 years, a fine not to
exceed $100,000.00, or both.
(b) Any violation of
this Code section shall be considered a separate offense.
(c) This Code section shall not apply to authorized
agents of the entity owning or operating such security
measure.
16-12-126.
[
Index ]
(a)
Except as otherwise provided in this Code section, it shall be unlawful
intentionally to disable or inhibit the operation or effectiveness of any
properly functioning safety device of any description or to render any item or
substance less safe when said item or substance is in any freight of a
transportation company, in baggage or possessions of a passenger, or in a
terminal.
(b) Except as otherwise provided in this
Code section, it shall be unlawful to intentionally render inoperable or
partially inoperable for any period of time any properly functioning device
designed or operated for traffic control that is owned, operated, or maintained
by or for the benefit of a transportation company.
(c)
Any violation of this Code section shall be punished by imprisonment for not
less than five nor more than 20 years, a fine not to exceed $100,000.00, or
both.
(d) Any violation of this Code section shall be
considered a separate offense.
(e) This Code section
shall not apply to authorized agents of the entity owning or operating such
safety device or device designed or operated for traffic
control.
16-12-127.
[
Index ]
(a)
It shall be unlawful for any person, with the intention of avoiding or
interfering with a security measure or of introducing into a terminal any
explosive, destructive device, or hoax device as defined in Code Section
16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or
knife or other device designed or modified for the purpose of offense and
defense, to:
(1) Have any such item on or about his
or her person, or
(2) Place or cause to be placed or
attempt to place or cause to be placed any such item:
(A) In a container or freight of a transportation
company;
(B) In the baggage or possessions of any
person or any transportation company without the knowledge of the passenger or
transportation company; or
(C) Aboard such aircraft,
bus, or rail vehicle.
(b) A person violating the
provisions of this Code section shall be guilty of a felony and shall, upon
conviction, be sentenced to imprisonment for not less than one year nor more
than 20 years, a fine not to exceed $15,000.00, or both. A prosecution under
this Code section shall not be barred by the imposition of a civil penalty
imposed by any governmental entity.
(c) It is an
affirmative defense to a violation of this Code section if a person notifies a
law enforcement officer or other person employed to provide security for a
transportation company of the presence of such item as soon as possible after
learning of its presence and surrenders or secures such item as directed by the
law enforcement officer or other person employed to provide security for a
transportation company.
16-12-128.
[
Index ]
(a) This part shall be cumulative and supplemental to
any other law of this state. A conviction or acquittal under any of the
criminal provisions of Code Section 16-12-123, 16-12-124, 16-12-125, or
16-12-126 shall not be a bar to any other civil or criminal proceeding.
(b) In addition to any other penalty imposed by law
for a violation of this part, the court may require the defendant to make
restitution to any affected public or private entity for the reasonable costs or
damages associated with the offense. Restitution made pursuant to this
subsection shall not preclude any party from obtaining any other civil or
criminal remedy available under any other provision of law. The restitution
authorized by this subsection is supplemental and not
exclusive.
16-12-140.
[
Index ]
(a)
Except as otherwise provided in Code Section 16-12-141, a person commits the
offense of criminal abortion when he administers any medicine, drugs, or other
substance whatever to any woman or when he uses any instrument or other means
whatever upon any woman with intent to produce a miscarriage or abortion.
(b) A person convicted of the offense of criminal
abortion shall be punished by imprisonment for not less than one nor more than
ten years.
16-12-141.
[
Index ]
(a) Nothing in this article shall be construed to
prohibit an abortion performed by a physician duly licensed to practice medicine
and surgery pursuant to Chapter 34 of Title 43, based upon his or her best
clinical judgment that an abortion is necessary, except that Code Section
16-12-144 is a prohibition of a particular abortion method which shall apply to
both duly licensed physicians and laypersons.
(b) No
abortion is authorized or shall be performed after the first trimester unless
the abortion is performed in a licensed hospital or in a health facility
licensed as an abortion facility by the Department of Human Resources.
(c) No abortion is authorized or shall be performed
after the second trimester unless the physician and two consulting physicians
certify that the abortion is necessary in their best clinical judgment to
preserve the life or health of the woman. If the product of the abortion is
capable of meaningful or sustained life, medical aid then available must be
rendered.
(d) The performing physician shall file
with the commissioner of human resources within ten days after an abortion
procedure is performed a certificate of abortion containing such statistical
data as is determined by the Department of Human Resources consistent with
preserving the privacy of the woman. Hospital or other licensed health facility
records shall be available to the district attorney of the judicial circuit in
which the hospital or health facility is located.
16-12-141.1.
[
Index ]
(a)(1)
Every hospital and clinic in which abortions are performed or occur
spontaneously, and any laboratory to which the aborted fetuses are delivered,
shall provide for the disposal of the aborted fetuses by cremation, interment,
or other manner approved of by the commissioner of human resources. The
hospital, clinic, or laboratory may complete any laboratory tests necessary for
the health of the woman or her future offspring prior to disposing of the
aborted fetus.
(2) Each hospital, clinic, and
laboratory shall report, on a form of the type and confidentiality provided for
in subsection (d) of Code Section 16-12-141, and provided by the commissioner of
human resources, the manner in which it disposes of the aborted fetus. Such
reports shall be made annually by December 31 and whenever the method of
disposal changes. The commissioner of human resources shall provide forms for
reporting under this Code section.
(b) Any hospital,
clinic, or laboratory violating the provisions of subsection (a) of this Code
section shall be punished by a fine of not less than $1,000.00 nor more than
$5,000.00.
16-12-142.
[
Index ]
Nothing in this article shall require a hospital or
other medical facility or physician to admit any patient under the provisions of
this article for the purpose of performing an abortion. In addition, any person
who states in writing an objection to any abortion or all abortions on moral or
religious grounds shall not be required to participate in procedures which will
result in such abortion; and the refusal of the person to participate therein
shall not form the basis of any claim for damages on account of such refusal or
for any disciplinary or recriminatory action against the person. The written
objection shall remain in effect until the person revokes it or terminates his
association with the facility with which it is filed.
16-12-143.
[
Index ]
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.
16-12-144.
[
Index ]
(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 fetus and completing the delivery.
(b)
Any person who knowingly performs a partial-birth abortion and thereby ends the
life of a human fetus shall, upon conviction thereof, be punished by a fine not
to exceed $5,000.00, imprisonment for not more than five years, or both. This
prohibition shall not apply to a partial-birth abortion that is necessary to
save the life of the mother because her life is endangered by a physical
disorder, physical illness, or physical injury, including a life-endangering
condition caused by or arising from the pregnancy itself, provided that no other
medical procedure will suffice to save the mother´s life.
(c)(1) The father of the fetus, and the maternal
grandparents of the fetus if the mother has not attained the age of 18 years of
age at the time of the abortion, may obtain appropriate relief in a civil
action, unless the pregnancy resulted from the plaintiff´s criminal conduct
or the plaintiff consented to the abortion.
(2) Such
relief shall include:
(A) Money damages for all
injuries, psychological and physical, occasioned by the violation of this Code
section; and
(B) Statutory damages equal to three
times the cost of the partial-birth abortion.
(d) A
woman upon whom a partial-birth abortion is performed may not be prosecuted
under this Code section for violating this Code section or any provision
thereof, or for conspiracy or for an attempt to violate this Code section or any
provision thereof.
16-12-160.
[
Index ]
(a) It shall be unlawful, except as provided in
subsection (b) of this Code section, for any person, firm, or corporation to buy
or sell, to offer to buy or sell, or to assist another in buying or selling or
offering to buy or sell a human body or any part of a human body or buy or sell
a human fetus or any part thereof.
(b) The
prohibition contained in subsection (a) of this Code section shall not apply to:
(1) The purchase or sale of whole blood, blood
plasma, blood products, blood derivatives, other self-replicating body fluids,
or hair;
(2) A gift or donation of a human body or
any part of a human body or any procedure connected therewith as provided in
Article 6 of Chapter 5 of Title 44 or to the payment of a processing fee in
connection with such gift or donation if such fee is paid to a bank or storage
facility, as those terms are defined in Code Section 44-5-142;
(3) The reimbursement of actual expenses, including
medical costs, lost income, and travel expenses, incurred by a living person in
giving or donating a part of the person´s body;
(4) The payment of financial assistance under a plan
of insurance or other health care coverage;
(5) The
purchase or sale of human tissue, organs, or other parts of the human body for
health sciences education; or
(6) The payment of
reasonable costs associated with the removal, storage, or transportation of a
human body or any part of a human body given or donated for medical or
scientific purposes.
(c) Any person, firm, or
corporation convicted of violating subsection (a) of this Code section shall be
guilty of a felony and, upon conviction thereof, shall be punished by a fine not
exceeding $5,000.00 or by imprisonment for not less than one year nor more than
five years, or both.
16-12-161.
[
Index ]
(a) It shall be unlawful for any person to remove
from the scene of the death or dismemberment of any person any human body part;
provided, however, that this Code section shall not apply to a law enforcement
officer acting in the lawful discharge of his or her official duties, or to any
person acting under the direction of a law enforcement officer, a physician or
an emergency medical technician in the course of their professions, or in the
absence of any such person to any person who transports such body part directly
to a medical facility, law enforcement agency, or licensed funeral home,
although all such persons remain obligated to comply with the provisions of
Article 2 of Chapter 16 of Title 45 concerning death investigations.
(b) Any person violating the provisions of subsection
(a) of this Code section shall be guilty of a misdemeanor of a high and
aggravated nature.
16-12-170.
[
Index ]
As used in this article, the term:
(1) 'Cigarettes' means any type of tobacco or tobacco
product.
(2) 'Community service' means a public
service which a minor might appropriately be required to perform, as determined
by the court, as punishment for certain offenses provided for in this article.
(3) 'Minor' means any person who is under the age of
18 years.
(4) 'Person' means any natural person or
any firm, partnership, company, corporation, or other entity.
(5) 'Proper identification' means any document issued
by a governmental agency containing a description of the person, such
person´s photograph, or both, and giving such person´s date of birth
and includes, without being limited to, a passport, military identification
card, driver´s license, or an identification card authorized under Code
Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a
birth certificate.
(6) 'Tobacco related objects'
means any papers, wrappers, or other products, devices, or substances which are
used for the purpose of making cigarettes or tobacco in any form whatsoever.
16-12-171.
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(a)(1) It
shall be unlawful for any person knowingly to:
(A)
Sell or barter, directly or indirectly, any cigarettes or tobacco related
objects to a minor;
(B) Purchase any cigarettes or
tobacco related objects for any minor unless the minor for whom the purchase is
made is the child of the purchaser; or
(C) Advise,
counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or
tobacco related objects.
(2)(A) The prohibition
contained in paragraph (1) of this subsection shall not apply with respect to
sale of cigarettes, tobacco products, or tobacco related objects by a person
when such person has been furnished with proper identification showing that the
person to whom the cigarettes, tobacco products, or tobacco related objects are
sold is 18 years of age or older.
(B) In any case
where a reasonable or prudent person could reasonably be in doubt as to whether
or not the person to whom cigarettes or tobacco related objects are to be sold
or otherwise furnished is actually 18 years of age or older, it shall be the
duty of the person selling or otherwise furnishing such cigarettes or tobacco
related objects to request to see and to be furnished with proper identification
as provided for in subsection (b) of this Code section in order to verify the
age of such person. The failure to make such request and verification in any
case where the person to whom the cigarettes or tobacco related objects are sold
or otherwise furnished is less than 18 years of age may be considered by the
trier of fact in determining whether the person selling or otherwise furnishing
such cigarettes or tobacco related objects did so knowingly.
(3) Any person who violates this subsection shall be
guilty of a misdemeanor.
(b)(1) It shall be unlawful
for any minor to:
(A) Purchase any cigarettes or
tobacco related objects; or
(B) Misrepresent such
minor´s identity or age or use any false identification for the purpose of
purchasing or procuring any cigarettes or tobacco related objects.
(2) A minor who commits an offense provided for in
paragraph (1) of this subsection may be punished as follows:
(A) By requiring the performance of community service
not exceeding 20 hours;
(B) By requiring attendance
at a publicly or privately sponsored lecture or discussion on the health hazards
of smoking or tobacco use, provided such lecture or discussion is offered
without charge to the minor; or
(C) By a combination
of the punishments described in subparagraphs (A) and (B) of this paragraph.
16-12-172.
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(a) Any
person owning or operating a place of business in which cigarettes, tobacco
products, or tobacco related objects are sold or offered for sale shall post in
a conspicuous place a sign which shall contain the following statement:
'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR
TOBACCO RELATED OBJECTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.'
Such sign shall be printed in letters of at least
one-half inch in height.
(b) Any person who fails to
comply with the requirements of subsection (a) of this Code section shall be
guilty of a misdemeanor.
16-12-173.
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(a) Any person who maintains in such person´s
place of business a vending machine which dispenses cigarettes, tobacco
products, or tobacco related objects shall place or cause to be placed in a
conspicuous place on such vending machine a sign containing the following
statement:
'THE PURCHASE OF CIGARETTES, TOBACCO
PRODUCTS, OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON
UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.'
(b) Any
person who fails to comply with the requirements of subsection (a) of this Code
section shall be guilty of a misdemeanor; provided, however, for a first
offense, the sentence shall be a fine not to exceed $300.00.
(c) It shall be a violation of subsection (a) of Code
Section 16-12-171 for any person knowingly to allow a minor to operate a vending
machine which dispenses cigarettes or tobacco related objects.
(d) The offenses provided for by paragraph (1) of
subsection (b) of Code Section 16-12-171 shall apply to the operation by a minor
of a vending machine which dispenses cigarettes or tobacco related objects.
(e)(1) The sale or offering for sale of cigarettes or
tobacco related objects from vending machines shall not be permitted except:
(A) In locations which are not readily accessible to
minors, including but not limited to:
(i) Factories,
businesses, offices, and other places which are not open to the general public;
(ii) Places open to the general public which do not
admit minors; and
(iii) Places where alcoholic
beverages are offered for sale;
(B) In areas which
are in the immediate vicinity, plain view, and under the continuous supervision
of the proprietor of the establishment or an employee who will observe the
purchase of cigarettes, tobacco products, and tobacco related objects from the
vending machine; and
(C) In rest areas adjacent to
roads and highways of the state.
(2) Violation of
this subsection shall be punished as provided in subsection (b) of this Code
section for violation of subsection (a) of this Code section.
16-12-174.
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(a) As used
in this Code section, the term 'tobacco product sample' means a tobacco product
distributed to members of the general public at no cost for purposes of
promoting the product.
(b) It shall be unlawful for
any person to distribute any tobacco product sample to any person under the age
of 18 years.
(c) A person distributing tobacco
product samples shall require proof of age from a prospective recipient if an
ordinary person would conclude on the basis of appearance that such prospective
recipient may be under the age of 18 years.
(d) It
shall be unlawful for any person who has not attained the age of 18 years to
receive or attempt to receive any tobacco product sample.
(e) No person shall distribute tobacco product
samples on any public street, sidewalk, or park within 500 feet of any school or
playground when those facilities are being used primarily by persons under the
age of 18 years.
(f) Violation of this Code section
shall be punished as a misdemeanor.
16-12-175.
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(a) The provisions of this article, inclusive, shall
be enforced through actions brought in any court of competent jurisdiction by
the prosecuting attorney for the county in which the alleged violation occurred
as well as through administrative citations issued by special agents or
enforcement officers of the state revenue commissioner. Any fine collected for a
violation of said provision shall be paid to the clerk of the court of the
jurisdiction in which the violation occurred. Upon receipt of a fine for any
violation of said provision, the clerk shall promptly notify the state revenue
commissioner of the violation.
(b) The state revenue
commissioner, acting through special agents or enforcement officers, shall
annually conduct random, unannounced inspections at locations where tobacco
products are sold or distributed to ensure compliance with this article. Persons
under the age of 18 years may be enlisted to test compliance with this article;
provided, however, that such persons may be used to test compliance with this
article only if the testing is conducted under the direct supervision of such
special agents or enforcement officers, and written parental consent has been
provided. Any other use of persons under the age of 18 years to test compliance
with this article or any other prohibition of like or similar import shall be
unlawful and the person or persons responsible for such use shall be subject to
the penalties prescribed in this article. The state revenue commissioner shall
prepare annually for submission by the Governor to the secretary of the United
States Department of Health and Human Services the report required by section
1926 of subpart I of part B of Title XIX of the federal Public Health Service
Act, 42 U.S.C. 300x-26.
16-12-176.
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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
enforcing this article and may delegate to employees of such department any of
the duties required of the state revenue commissioner pursuant to this article.
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