16-9-1.
(a) A person commits the offense of forgery in the first
degree when with intent to defraud he knowingly makes,
alters, or possesses any writing in a fictitious name or in
such manner that the writing as made or altered purports to
have been made by another person, at another time, with
different provisions, or by authority of one who did not
give such authority and utters or delivers such writing.
(b) A person convicted of the offense of forgery in the
first degree shall be punished by imprisonment for not less
than one nor more than ten years.
16-9-2.
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Index ]
(a) A person commits the offense of forgery in the second
degree when with the intent to defraud he knowingly makes,
alters, or possesses any writing in a fictitious name or in
such manner that the writing as made or altered purports to
have been made by another person, at another time, with
different provisions, or by authority of one who did not
give such authority.
(b) A person convicted of the offense of forgery in the
second degree shall be punished by imprisonment for not less
than one nor more than five years.
16-9-3.
[
Index ]
For purposes of Code Sections 16-9-1 and 16-9-2, the word
'writing' includes, but is not limited to, printing or any
other method of recording information, money, coins, tokens,
stamps, seals, credit cards, badges, trademarks, and other
symbols of value, right, privilege, or identification.
16-9-4.
(a) As used in this Code section, the term:
(1) 'Access device' means a unique electronic identification
number, address, description, or routing code or a device
containing a unique electronic identification number,
address, description, or routing code issued to an
individual which permits or facilitates entry into a
facility or computer or provides access to the financial
resources, including, but not limited, to the credit
resources of the individual to whom the device or card is
issued.
(2) 'Description' means any identifying information about a
person, including, but not limited to, date of birth, place
of birth, address, social security number, height, weight,
hair or eye color, or unique biometric data such as
fingerprint, voice print, retina or iris image, DNA profile,
or other unique physical representation.
(3) 'Government agency' means any agency of the executive,
legislative, or judicial branch of government or political
subdivision or authority thereof of this state, any other
state, the United States, or any foreign government or
international governmental or quasi-governmental agency
recognized by the United States or by any of the several
states.
(4) 'Identification document' means:
(A) Any document or card issued to an individual by a
government agency or by the authority of a government agency
containing the name of a person and a description of the
person or such personīs photograph, or both, and includes,
without being limited to, a passport, visa, military
identification card, driverīs license, or an identification
card;
(B) Any document issued to an individual for the purpose of
identification by or with the authority of the holder of a
trademark or trade name of another, as these terms are
defined in Code Section 10-1-371, that contains the
trademark or trade name and the name of the person to whom
the document is issued and a description of the person or
the personīs photograph, or both; or
(C) Any access device.
(b)(1) It shall be unlawful for any person to knowingly
possess, display, or use any false, fictitious, fraudulent,
or altered identification document.
(2) It shall be unlawful for any person to knowingly
manufacture, alter, sell, distribute, deliver, possess with
intent to sell, deliver, or distribute, or offer for sale,
delivery, or distribution a false, fraudulent, or fictitious
identification document or any identification document which
contains any false, fictitious, or fraudulent statement or
entry.
(3) It shall be unlawful for any person to knowingly
manufacture, alter, sell, distribute, deliver, possess with
the intent to sell, deliver, or distribute, or offer for
sale, delivery, or distribution any identification document
containing the trademark or trade name of another without
the written consent of the owner of the trademark or trade
name.
(4) It shall be unlawful for any person to knowingly
possess, display, or use any false, fictitious, fraudulent,
or altered identification document containing the logo or
legal or official seal of a government agency or any
colorable imitation thereof in furtherance of a conspiracy
or attempt to commit a violation of the criminal laws of
this state or of the United States or any of the several
states which is punishable by imprisonment for one year or
more.
(5) It shall be unlawful for any person to knowingly
manufacture, alter, sell, distribute, deliver, possess with
the intent to sell, deliver, or distribute, or offer for
sale or distribution any other identification document
containing the logo or legal or official seal of a
government agency or any colorable imitation thereof without
the written consent of the government agency.
(6) It shall be unlawful for any person to knowingly
possess, display, or use an identification document issued
to or on behalf of another person without the permission or
consent of the other person for a lawful purpose, unless the
identification document is possessed, displayed, or used
with the intent to restore it to the other person or
government agency or other entity that issued the
identification document to the person.
(c)(1) Except as provided in paragraph (2) or (3) of this
subsection, any person who violates paragraph (1), (2), (3),
or (6) of subsection (b) of this Code section shall be
guilty of a misdemeanor.
(2) Any person who violates paragraph (2), (3), or (6) of
subsection (b) of this Code section for the second or any
subsequent offense shall be guilty of a felony and shall be
punished by a fine of not more than $25,000.00 or by
imprisonment for not more than three years, or both.
(3) Any person who manufactures, alters, sells, distributes,
delivers, receives, possesses, or offers for sale or
distribution three or more identification documents in
violation of subsection (b) of this Code section shall be
punished by imprisonment for not less than three nor more
than ten years, a fine not to exceed the amount specified by
Code Section 17-10-8, or both.
(4) Any person who violates paragraph (4) or (5) of
subsection (b) of this Code section shall be punished by
imprisonment for not less than one nor more than five years,
a fine not to exceed the amount specified by Code Section
17-10-8, or both.
(5) Any person convicted of an attempt or conspiracy to
violate subsection (b) of this Code section shall be
punished by imprisonment, by a fine, or by both such
punishments not to exceed the maximum punishment prescribed
for the offense the commission of which was the object of
the attempt or conspiracy.
(d) Each violation of this Code section shall constitute a
separate offense.
(e) Any violation of this Code section shall be considered
to have been committed in any county of this state in which
the evidence shows that the identification document was
manufactured, altered, sold, displayed, distributed,
delivered, received, offered for sale or distribution, or
possessed.
(f) The provisions of this Code section shall not apply to
any lawfully authorized investigative, protective, or
intelligence activity of an agency of the United States,
this state, or any of the several states or their political
subdivisions or any activity authorized under Chapter 224 of
Title 18 of the United States Code or any similar such law
relating to witness protection.
(g) It shall not be a defense to a violation of this Code
section that a document contained words indicating that it
is not an identification document unless there appears on
the front and back of such document the word 'novelty' which
is in a color which is not transparent on the design of the
document, is in block letters not less than 40 point type in
size, and is indelible ink.
(h)(1) Any property which is used, intended for use, or used
in any manner to facilitate a violation of this Code section
is contraband and forfeited to the state and no person shall
have a property interest in it. Such property may be seized
or detained in the same manner as provided in Code Section
16-13-49 and shall not be subject to replevin, conveyance,
sequestration, or attachment.
(2) Within 60 days of the date of the seizure of contraband
pursuant to this Code section, the district attorney shall
initiate forfeiture or other proceedings as provided in Code
Section 16-13-49. An owner or interest holder, as defined by
subsection (a) of Code Section 16-13-49, may establish as a
defense to the forfeiture of property which is subject to
forfeiture under this Code section the applicable provisions
of subsection (e) or (f) of Code Section 16-13-49. Property
which is forfeited pursuant to this Code section shall be
disposed of and distributed as provided in Code Section
16-13-49.
(3) If property subject to forfeiture cannot be located; has
been transferred or conveyed to, sold to, or deposited with
a third party; is beyond the jurisdiction of the court; has
been substantially diminished in value while not in the
actual physical custody of a receiver or governmental agency
directed to maintain custody of the property; or has been
commingled with other property that cannot be divided
without difficulty, the court shall order the forfeiture of
any property of a claimant or defendant up to the value of
property found by the court to be subject to forfeiture
under this subsection in accordance with the procedures set
forth in subsection (x) of Code Section 16-13-49.
(4) The provisions of paragraphs (3), (4), and (5) of
subsection (x) and subsection (z) of Code Section 16-13-49
shall be applicable to any proceedings brought pursuant to
this subsection.
(i) It shall be an affirmative defense to the manufacturing,
selling, or distributing of identification documents that
contain false, fictitious, or altered information that the
person manufacturing, selling, or distributing the documents
used due diligence to ascertain the truth of the information
contained in the identification document.
16-9-5.
[
Index ]
(a) As used in this Code section, the term 'proof of
insurance document' means any document issued by, on behalf
of, or purportedly on behalf of an insurer to a motor
vehicle policyholder or applicant for motor vehicle
coverage, which document is designed to constitute proof or
evidence of the minimum motor vehicle liability insurance
required by law for the purposes of Code Section 40-6-10.
(b)(1) It shall be unlawful for any person knowingly to
manufacture, sell, or distribute a counterfeit or false
proof of insurance document.
(2) It shall be unlawful for any person to possess a
counterfeit or false proof of insurance document.
(3) A proof of insurance document shall be deemed
counterfeit or false if the proof of insurance document has
been altered, modified, or originally issued in any manner
which contains false information concerning the insurer, the
owner, the motor vehicle, or the insurance thereon.
(c)(1) Any person who violates paragraph (1) of subsection
(b) of this Code section on the first offense shall be
guilty of a misdemeanor. Any person who violates paragraph
(1) of subsection (b) of this Code section for the second or
any subsequent offense shall be guilty of a felony and shall
be punished by a fine of not more than $5,000.00 or by
imprisonment for not more than three years, or both.
(2) Any person who violates paragraph (2) of subsection (b)
of this Code section shall be guilty of a misdemeanor.
16-9-6.
[
Index ]
Unless a greater penalty is specifically provided in this
chapter, any violation of this chapter by a fiduciary in
breach of a fiduciary obligation against a person who is 65
years of age or older shall be punished by imprisonment for
not less than one nor more than 15 years, a fine not to
exceed the amount provided by Code Section 17-10-8, or both.
16-9-20.
[
Index ]
(a) A person commits the offense of deposit account fraud
when such person makes, draws, utters, executes, or delivers
an instrument for the payment of money on any bank or other
depository in exchange for a present consideration or wages,
knowing that it will not be honored by the drawee. For the
purposes of this Code section, it is prima-facie evidence
that the accused knew that the instrument would not be
honored if:
(1) The accused had no account with the drawee at the time
the instrument was made, drawn, uttered, or delivered;
(2) Payment was refused by the drawee for lack of funds upon
presentation within 30 days after delivery and the accused
or someone for him or her shall not have tendered the holder
thereof the amount due thereon, together with a service
charge, within ten days after receiving written notice that
payment was refused upon such instrument. For purposes of
this paragraph:
(A) Notice mailed by certified or registered mail or
statutory overnight delivery evidenced by return receipt to
the person at the address printed on the instrument or given
at the time of issuance shall be deemed sufficient and
equivalent to notice having been received as of the date on
the return receipt by the person making, drawing, uttering,
executing, or delivering the instrument. A single notice as
provided in subparagraph (B) of this paragraph shall be
sufficient to cover all instruments on which payment was
refused and which were delivered within a ten-day period by
the accused to a single entity, provided that the form of
notice lists and identifies each instrument; and
(B) The form of notice shall be substantially as follows:
'You are hereby notified that the following instrument(s)
Number Date Amount Name of Bank
__________ __________ __________ __________
__________ __________ __________ __________
__________ __________ __________ __________
__________ __________ __________ __________
__________ __________ __________ __________
drawn upon ____________ and payable to ___________, (has)
(have) been dishonored. Pursuant to Georgia law, you have
ten days from receipt of this notice to tender payment of
the total amount of the instrument(s) plus the applicable
service charge(s) of $________ and any fee charged to the
holder of the instrument(s) by a bank or financial
institution as a result of the instrument(s) not being
honored, the total amount due being ____________ dollars and
______ cents. Unless this amount is paid in full within the
specified time above, a presumption in law arises that you
delivered the instrument(s) with the intent to defraud and
the dishonored instrument(s) and all other available
information relating to this incident may be submitted to
the magistrate for the issuance of a criminal warrant or
citation or to the district attorney or solicitor-general
for criminal prosecution.'; or
(3) Notice mailed by certified or registered mail or
statutory overnight delivery is returned undelivered to the
sender when such notice was mailed within 90 days of
dishonor to the person at the address printed on the
instrument or given by the accused at the time of issuance
of the instrument.
(b)(1) Except as provided in paragraphs (2) and (3) of this
subsection and subsection (c) of this Code section, a person
convicted of the offense of deposit account fraud shall be
guilty of a misdemeanor and, upon conviction thereof, shall
be punished as follows:
(A) When the instrument is for less than $100.00, a fine of
not more than $500.00 or imprisonment not to exceed 12
months, or both;
(B) When the instrument is for $100.00 or more but less than
$300.00, a fine of not more than $1,000.00 or imprisonment
not to exceed 12 months, or both; or
(C) When more than one instrument is involved and such
instruments were drawn within 90 days of one another and
each is in an amount less than $100.00, the amounts of such
separate instruments may be added together to arrive at and
be punishable under subparagraph (B) of this paragraph.
(2) Except as provided in paragraph (3) of this subsection
and subsection (c) of this Code section, a person convicted
of the offense of deposit account fraud, when the instrument
is for an amount of not less than $300.00 nor more than
$499.99, shall be guilty of a misdemeanor of a high and
aggravated nature. When more than one instrument is involved
and such instruments were given to the same entity within a
15 day period and the cumulative total of such instruments
is not less than $300.00 nor more than $499.99, the person
drawing and giving such instruments shall upon conviction be
guilty of a misdemeanor of a high and aggravated nature.
(3) Except as provided in subsection (c) of this Code
section, a person convicted of the offense of deposit
account fraud, when the instrument is for $500.00 or more,
shall be guilty of a felony and, upon conviction thereof,
shall be punished by a fine of not less than $500.00 nor
more than $5,000.00 or by imprisonment for not more than
three years, or both.
(4) Upon conviction of a first or any subsequent offense
under this subsection or subsection (c) of this Code
section, in addition to any other punishment provided by
this Code section, the defendant shall be required to make
restitution of the amount of the instrument, together with
all costs of bringing a complaint under this Code section.
The court may require the defendant to pay as interest a
monthly payment equal to 1 percent of the amount of the
instrument. Such amount shall be paid each month in addition
to any payments on the principal until the entire balance,
including the principal and any unpaid interest payments, is
paid in full. Such amount shall be paid without regard to
any reduction in the principal balance owed. Costs shall be
determined by the court from competent evidence of costs
provided by the party causing the criminal warrant or
citation to issue; provided, however, that the minimum costs
shall not be less than $25.00. Restitution may be made while
the defendant is serving a probated or suspended sentence.
(c) A person who commits the offense of deposit account
fraud by the making, drawing, uttering, executing, or
delivering of an instrument on a bank of another state 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 in an amount of up to $1,000.00, or
both.
(d) The prosecuting authority of the court with jurisdiction
over a violation of subsection (c) of this Code section may
seek extradition for criminal prosecution of any person not
within this state who flees the state to avoid prosecution
under this Code section.
(e) In any prosecution or action under this Code section, an
instrument for which the information required in this
subsection is available at the time of issuance shall
constitute prima-facie evidence of the identity of the party
issuing or executing the instrument and that the person was
a party authorized to draw upon the named account. To
establish this prima-facie evidence, the following
information regarding the identity of the party presenting
the instrument shall be obtained by the party receiving such
instrument: the full name, residence address, and home phone
number.
(1) Such information may be provided by either of two
methods:
(A) The information may be recorded upon the instrument
itself; or
(B) The number of a check-cashing identification card issued
by the receiving party may be recorded on the instrument.
The check-cashing identification card shall be issued only
after the information required in this subsection has been
placed on file by the receiving party.
(2) In addition to the information required in this
subsection, the party receiving an instrument shall witness
the signature or endorsement of the party presenting such
instrument and as evidence of such the receiving party shall
initial the instrument.
(f) As used in this Code section, the term:
(1) 'Bank' shall include a financial institution as defined
in this Code section.
(2) 'Conviction' shall include the entering of a guilty
plea, the entering of a plea of nolo contendere, or the
forfeiting of bail.
(3) 'Financial institution' shall have the same meaning as
defined in paragraph (21) of Code Section 7-1-4 and shall
also include a national bank, a state or federal savings
bank, a state or federal credit union, and a state or
federal savings and loan association.
(4) 'Holder in due course' shall have the same meaning as in
Code Section 11-3-302.
(5) 'Instrument' means a check, draft, debit card sales
draft, or order for the payment of money.
(6) 'Present consideration' shall include without
limitation:
(A) An obligation or debt of rent which is past due or
presently due;
(B) An obligation or debt of state taxes which is past due
or presently due;
(C) An obligation or debt which is past due or presently due
for child support when made for the support of such minor
child and which is given pursuant to an order of court or
written agreement signed by the person making the payment;
(D) A simultaneous agreement for the extension of additional
credit where additional credit is being denied; and
(E) A written waiver of mechanic?s or materialmen?s lien
rights.
(7) 'State taxes' shall include payments made to the Georgia
Department of Labor as required by Chapter 8 of Title 34.
(g) This Code section shall in no way affect the authority
of a sentencing judge to provide for a sentence to be served
on weekends or during the nonworking hours of the defendant
as provided in Code Section 17-10-3.
(h)(1) Any party holding a worthless instrument and giving
notice in substantially similar form to that provided in
subparagraph (a)(2)(B) of this Code section shall be immune
from civil liability for the giving of such notice and for
proceeding as required under the forms of such notice;
provided, however, that, if any person shall be arrested or
prosecuted for violation of this Code section and payment of
any instrument shall have been refused because the maker or
drawer had no account with the bank or other depository on
which such instrument was drawn, the one causing the arrest
or prosecution shall be deemed to have acted with reasonable
or probable cause even though he, she, or it has not mailed
the written notice or waited for the ten-day period to
elapse. In any civil action for damages which may be brought
by the person who made, drew, uttered, executed, or
delivered such instrument, no evidence of statements or
representations as to the status of the instrument involved
or of any collateral agreement with reference to the
instrument shall be admissible unless such statements,
representations, or collateral agreement shall be written
simultaneously with or upon the instrument at the time it is
delivered by the maker thereof.
(2) Except as otherwise provided by law, any party who holds
a worthless instrument, who complies with the requirements
of subsection (a) of this Code section, and who causes a
criminal warrant or citation to be issued shall not forfeit
his or her right to continue or pursue civil remedies
authorized by law for the collection of the worthless
instrument; provided, however, that if interest is awarded
and collected on any amount ordered by the court as
restitution in the criminal case, interest shall not be
collectable in any civil action on the same amount. It shall
be deemed conclusive evidence that any action is brought
upon probable cause and without malice where such party
holding a worthless instrument has complied with the
provisions of subsection (a) of this Code section regardless
of whether the criminal charges are dismissed by a court due
to payment in full of the face value of the instrument and
applicable service charges subsequent to the date that
affidavit for the warrant or citation is made. In any civil
action for damages which may be brought by the person who
made, drew, uttered, executed, or delivered such instrument,
no evidence of statements or representations as to the
status of the instrument involved or of any collateral
agreement with reference to the instrument shall be
admissible unless such statements, representations, or
collateral agreement shall be written simultaneously with or
upon the instrument at the time it is delivered by the maker
thereof.
(i) Notwithstanding paragraph (2) of subsection (a) of this
Code section or any other law on usury, charges, or fees on
loans or credit extensions, any lender of money or extender
of other credit who receives an instrument drawn on a bank
or other depository institution given by any person in full
or partial repayment of a loan, installment payment, or
other extension of credit may, if such instrument is not
paid or is dishonored by such institution, charge and
collect from the borrower or person to whom the credit was
extended a bad instrument charge. This charge shall not be
deemed interest or a finance or other charge made as an
incident to or as a condition to the granting of the loan or
other extension of credit and shall not be included in
determining the limit on charges which may be made in
connection with the loan or extension of credit or any other
law of this state.
(j) For purposes of this Code section, no service charge or
bad instrument charge shall exceed $30.00 or 5 percent of
the face amount of the instrument, whichever is greater,
except that the holder of the instrument may also charge the
maker an additional fee in an amount equal to that charged
to the holder by the bank or financial institution as a
result of the instrument not being honored.
(k) An action under this Code section may be prosecuted by
the party initially receiving a worthless instrument or by
any subsequent holder in due course of any such worthless
instrument.
16-9-21.
[
Index ]
(a) It shall be unlawful for any person to print or cause to
be printed checks, drafts, orders, or debit card sales
drafts, drawn upon any financial institution or to execute
or negotiate any check, draft, order, or debit card sales
draft knowing that the account number, routing number, or
other information printed on such check, draft, order, or
debit card sales draft is in error, fictitious, or assigned
to another account holder or financial institution.
(b) Any person who violates subsection (a) of this Code
section shall be punished by a fine of not more than
$5,000.00 or by imprisonment for not less than one year nor
more than five years, or both.
16-9-30.
[
Index ]
As used in this article, the term:
(1) 'Acquirer' means a business organization, financial
institution, or an agent of a business organization or
financial institution that authorizes a merchant to accept
payment by financial transaction card for money, goods,
services, or anything else of value.
(2) 'Automated banking device' means any machine which when
properly activated by a financial transaction card and
personal identification code may be used for any of the
purposes for which a financial transaction card may be used.
(3) 'Cardholder' means the person or organization named on
the face of a financial transaction card to whom or for
whose benefit the financial transaction card is issued by an
issuer.
(4) 'Expired financial transaction card' means a financial
transaction card which is no longer valid because the term
for which it was issued has elapsed.
(5) 'Financial transaction card' or 'FTC' means any
instrument or device, whether known as a credit card, credit
plate, bank services card, banking card, check guarantee
card, debit card, or by any other name, issued with or
without fee by an issuer for the use of the cardholder:
(A) In obtaining money, goods, services, or anything else of
value;
(B) In certifying or guaranteeing to a person or business
the availability to the cardholder of funds on deposit that
are equal to or greater than the amount necessary to honor a
draft or check payable to the order of such person or
business; or
(C) In providing the cardholder access to a demand deposit
account, savings account, or time deposit account for the
purpose of:
(i) Making deposits of money or checks therein;
(ii) Withdrawing funds in the form of money, money orders,
or travelerīs checks therefrom;
(iii) Transferring funds from any demand deposit account,
savings account, or time deposit account to any other demand
deposit account, savings account, or time deposit account;
(iv) Transferring funds from any demand deposit account,
savings account, or time deposit account to any credit card
accounts, overdraft privilege accounts, loan accounts, or
any other credit accounts in full or partial satisfaction of
any outstanding balance owed existing therein;
(v) For the purchase of goods, services, or anything else of
value; or
(vi) Obtaining information pertaining to any demand deposit
account, savings account, or time deposit account.
(5.1) 'Financial transaction card account number' means a
number, numerical code, alphabetical code, or alphanumeric
code assigned by the issuer to a particular financial
transaction card and which identifies the cardholderīs
account with the issuer.
(6) 'Issuer' means the business organization or financial
institution or its duly authorized agent which issues a
financial transaction card.
(7) 'Personal identification code' means a numeric or
alphabetical code, signature, photograph, fingerprint, or
any other means of electronic or mechanical confirmation
used by the cardholder of a financial transaction card to
permit authorized electronic use of that financial
transaction card.
(8) 'Presenting' means those actions taken by a cardholder
or any person to introduce a financial transaction card into
an automated banking device with or without utilization of a
personal identification code or merely displaying or
showing, with intent to defraud, a financial transaction
card to the issuer or to any person or organization
providing money, goods, services, or anything else of value
or to any other entity.
(9) 'Receives' or 'receiving' means acquiring possession of
or control of or accepting a financial transaction card as
security for a loan.
(10) 'Revoked financial transaction card' means a financial
transaction card which is no longer valid because permission
to use it has been suspended or terminated by the issuer.
16-9-31.
[
Index ]
(a) A person commits the offense of financial transaction
card theft when:
(1) He takes, obtains, or withholds a financial transaction
card from the person, possession, custody, or control ofer without the cardholderīcial transaction with intent to use
it or to sell it or to transfer it to a person other than
the issuer or the cardholder;
(2) He receives a financial transaction card that he knows
to have been lost, mislaid, or delivered under a mistake as
to the identity or address of the cardholder and he retains
possession with intent to use it or sell it or to transfer
it to a person other than the issuer or the cardholder;
(b) Taking, obtaining, or withholding a financial
transaction card without consent of the cardholder or issuer
is included in conduct defined in Code Section 16-9-2 as the
offense of theft by taking.
(c) Conviceft is punishable as provided in subsection (b) of Code
Section 16-9-38.
ol
two or more financial transaction cards issued in the names
of persons other than members of his immediate family or
without the consent of the cardholder, such possession shall
be prima-facie evidence that the financial transaction cards
have been obtained in violation of subsection (a) of this
Code section.
16-9-32.
[
Index ]
(a) A person commits the offense of financial transaction
card forgery when:
(1) With intent to defraud a purported issuer; a person or
organization providing money, goods, services, or anything
else of value; or any other person, he falsely makes or
falsely embosses a purported financial transaction card;
(2) With intent to defraud a purported issuer; a person or
organization providing money, goods, services, or anything
else of value; or any other person, he falsely encodes,
duplicates, or alters existing encoded information on a
financial transaction card or utters such a financial
transaction card; or
(3) He, not being the cardholder or a person authorized by
him, with intent to defraud the issuer; a person or
organization providing money, goods, services, or anything
else of value; or any other person, signs a financial
transaction card.
(b) A person falsely makes a financial transaction card when
he makes or draws in whole or in part a device or instrument
which purports to be the financial transaction card of a
named issuer but which is not such a financial transaction
card because the issuer did not authorize the making or
drawing or when he alters a financial transaction card which
was validly issued.
(c) A person falsely embosses a financial transaction card
when without authorization of the named issuer he completes
a financial transaction card by adding any of the matter
other than the signature of the cardholder, which an issuer
requires to appear on the financial transaction card before
it can be used by a cardholder.
(d) A person falsely encodes a financial transaction card
when without authorization of the purported issuer he
records, erases, or otherwise alters magnetically,
electronically, electromagnetically, or by any other means
whatsoever information on a financial transaction card which
will permit acceptance of that card by any automated banking
device.
(e) Conviction of the offense of financial transaction card
forgery shall be punishable as provided in subsection (b) of
Code Section 16-9-38.
(f) When a person other than the purported issuer possesses
two or more financial transaction cards which are falsely
made, falsely encoded, or falsely embossed, such possession
shall be prima-facie evidence that said cards were obtained
in violation of paragraph (1) or (2) of subsection (a) of
this Code section.
16-9-33.
[
Index ]
(a) A person commits the offense of financial transaction
card fraud when with intent to defraud the issuer; a person
or organization providing money, goods, services, or
anything else of value; or any other person, he:
(1) Uses for the purpose of obtaining money, goods,
services, or anything else of value:
(A) A financial transaction card obtained or retained or
which was received with knowledge that it was obtained or
retained in violation of Code Section 16-9-31 or 16-9-32;
(B) A financial transaction card which he or she knows is
forged, altered, expired, revoked, or was obtained as a
result of a fraudulent application in violation of
subsection (d) of this Code section; or
(C) The financial transaction card account number of a
financial transaction card which he or she knows has not in
fact been issued or is forged, altered, expired, revoked, or
was obtained as a result of a fraudulent application in
violation of subsection (d) of this Code section;
(2) Obtains money, goods, services, or anything else of
value by:
(A) Representing without the consent of the cardholder that
he or she is the holder of a specified card;
(B) Presenting the financial transaction card without the
authorization or permission of the cardholder;
(C) Falsely representing that he or she is the holder of a
card and such card has not in fact been issued; or
(D) Giving, orally or in writing, a financial transaction
card account number to the provider of the money, goods,
services, or other thing of value for billing purposes
without the authorization or permission of the cardholder
for such use;
(3) Obtains control over a financial transaction card as
security for debt;
(4) Deposits into his account or any account by means of an
automated banking device a false, fictitious, forged,
altered, or counterfeit check, draft, money order, or any
other such document not his lawful or legal property; or
(5) Receives money, goods, services, or anything else of
value as a result of a false, fictitious, forged, altered,
or counterfeit check, draft, money order, or any other such
document having been deposited into an account via an
automated banking device, knowing at the time of receipt of
the money, goods, services, or item of value that the
document so deposited was false, fictitious, forged,
altered, or counterfeit or that the above-deposited item was
not his lawful or legal property.
(b) A person who is authorized by an issuer to furnish
money, goods, services, or anything else of value upon
presentation of a financial transaction card by the
cardholder or any agent or employee of such person commits
the offense of financial transaction card fraud when, with
intent to defraud the issuer or the cardholder, he:
(1) Furnishes money, goods, services, or anything else of
value upon presentation of a financial transaction card
obtained or retained in violation of Code Section 16-9-31 or
a financial transaction card which he knows is forged,
expired, or revoked;
(2) Alters a charge ticket or purchase ticket to reflect a
larger amount than that approved by the cardholder; or
(3) Fails to furnish money, goods, services, or anything
else of value which he represents in writing to the issuer
that he has furnished.
(c) Conviction of the offense of financial transaction card
fraud as provided in subsection (a) or (b) of this Code
section is punishable as provided in subsection (a) of Code
Section 16-9-38 if the value of all money, goods, services,
and other things of value furnished in violation of this
Code section or if the difference between the value actually
furnished and the value represented to the issuer to have
been furnished in violation of this Code section does not
exceed $100.00 in any six-month period. Conviction of the
offense of financial transaction card fraud as provided in
subsection (a) or (b) of this Code section is punishable as
provided in subsection (b) of Code Section 16-9-38 if such
value exceeds $100.00 in any six-month period.
(d) A person commits the offense of financial transaction
card fraud when, upon application for a financial
transaction card to an issuer, he knowingly makes or causes
to be made a false statement or report relative to his name,
occupation, employer, financial condition, assets, or
liabilities or willfully and substantially overvalues any
assets or willfully omits or substantially undervalues any
indebtedness for the purpose of influencing the issuer to
issue a financial transaction card. Financial transaction
card fraud as provided in this subsection is punishable as
provided in subsection (b) of Code Section 16-9-38.
(e) A cardholder commits the offense of financial
transaction card fraud when he willfully, knowingly, and
with an intent to defraud the issuer; a person or
organization providing money, goods, services, or anything
else of value; or any other person submits verbally or in
writing to the issuer or any other person any false notice
or report of the theft, loss, disappearance, or nonreceipt
of his financial transaction card and personal
identification code. Conviction of the offense of financial
transaction card fraud as provided in this subsection is
punishable as provided in subsection (b) of Code Section
16-9-38.
(f) A person authorized by an acquirer to furnish money,
goods, services, or anything else of value upon presentation
of a financial transaction card or a financial transaction
card account number by a cardholder or any agent or employee
of such person, who, with intent to defraud the issuer,
acquirer, or cardholder remits to an issuer or acquirer, for
payment, a financial transaction card record of a sale,
which sale was not made by such person, agent, or employee,
commits the offense of financial transaction card fraud.
Conviction of the offense of financial transaction card
fraud as provided in this subsection shall be punishable as
provided in subsection (b) of Code Section 16-9-38.
(g) In any prosecution for violation of this Code section,
the state is not required to establish that all of the acts
constituting the crime occurred in this state or within one
city, county, or local jurisdiction, and it is no defense
that some of the acts constituting the crime did not occur
in this state or within one city, county, or local
jurisdiction. Except as otherwise provided by Code Section
17-2-2, for purposes of venue the crime defined by this Code
section shall be considered as having been committed in the
county where the commission of the crime commenced.
(h) For purposes of this Code section, revocation shall be
construed to include either notice given in person or notice
given in writing to the person to whom the financial
transaction card and personal identification code was
issued. Notice of revocation shall be immediate when notice
is given in person. The sending of a notice in writing by
registered or certified mail or statutory overnight delivery
in the United States mail, duly stamped and addressed to
such person at his last address known to the issuer, shall
be prima-facie evidence that such notice was duly received
after seven days from the date of deposit in the mail. If
the address is located outside the United States, Puerto
Rico, the Virgin Islands, the Canal Zone, and Canada, notice
shall be presumed to have been received ten days after
mailing by registered or certified mail or statutory
overnight delivery.
16-9-34.
[
Index ]
(a) A person commits the offense of criminal possession of
financial transaction card forgery devices when:
(1) He is a person other than the cardholder and possesses
two or more incomplete financial transaction cards with
intent to complete them without the consent of the issuer;
or
(2) With knowledge of its character, he possesses machinery,
plates, or any other contrivance designed to reproduce
instruments purporting to be financial transaction cards of
an issuer who has not consented to the preparation of such
financial transaction cards.
(b) A financial transaction card is incomplete if part of
the matter, other than the signature of the cardholder,
which an issuer requires to appear on the financial
transaction card before it can be used by a cardholder has
not yet been stamped, embossed, imprinted, encoded, or
written upon.
(c) Conviction of the offense of criminal possession of
financial transaction card forgery devices is punishable as
provided in subsection (b) of Code Section 16-9-38.
16-9-35.
[
Index ]
A person commits the offense of criminally receiving goods
and services fraudulently obtained when he receives money,
goods, services, or anything else of value obtained in
violation of subsection (a) of Code Section 16-9-33 with the
knowledge or belief that the same were obtained in violation
of subsection (a) of Code Section 16-9-33. Conviction of the
offense of criminal receipt of goods and services
fraudulently obtained is punishable as provided in
subsection (a) of Code Section 16-9-38 if the value of all
money, goods, services, and anything else of value obtained
in violation of this Code section does not exceed $100.00 in
any six-month period. Conviction of the offense of criminal
receipt of goods and services fraudulently obtained is
punishable as provided in subsection (b) of Code Section
16-9-38 if such value exceeds $100.00 in any six-month
period.
16-9-36.
[
Index ]
A person who obtains at a discount price a ticket issued by
an airline, railroad, steamship, or other transportation
company from other than an authorized agent of such company,
which ticket was acquired in violation of subsection (a) of
Code Section 16-9-33 without reasonable inquiry to ascertain
that the person from whom it was obtained had a legal right
to possess it shall be rebuttably presumed to know that such
ticket was acquired under circumstances constituting a
violation of subsection (a) of Code Section 16-9-33 if the
ticket shows on its face that it was issued through the use
of a financial transaction card or that it is otherwise
nonrefundable.
16-9-36.1.
[
Index ]
Any person who, without the acquirerīs express
authorization, employs or solicits an authorized merchant or
any agent or employee of such merchant to remit to an issuer
or acquirer, for payment, a financial transaction card
record of a sale, which sale was not made by such merchant,
agent, or employee, commits the offense of criminal
factoring of financial transaction card records. Conviction
of criminal factoring of financial transaction card records
shall be punishable as provided in subsection (b) of Code
Section 16-9-38.
16-9-37.
[
Index ]
Any person who has been issued or entrusted with a financial
transaction card for specifically authorized purposes,
provided such authorization is in writing stating a maximum
amount charges that can be made with the financial
transaction card, and who uses the financial transaction
card in a manner and for purposes not authorized in order to
obtain or purchase money, goods, services, or anything else
of value shall be punished as provided in subsection (a) of
Code Section 16-9-38.
16-9-38.
[
Index ]
(a) A person who is subject to the punishment and penalties
of this subsection shall be fined not more than $1,000.00 or
imprisoned not less than one year nor more than two years,
or both.
(b) A person subject to punishment under this subsection
shall be guilty of a felony and shall be punished by a fine
of not more than $5,000.00 or imprisonment for not less than
one year nor more than three years, or both.
16-9-39.
[
Index ]
(a) As used in this Code section, 'publish' means the
communication or dissemination of information to any one or
more persons either orally, in person, by telephone, radio
or television, or in a writing of any kind, including
without limitation a letter, memorandum, circular, handbill,
newspaper or magazine article, or book.
(b) A person who publishes the number or code of any
existing, canceled, revoked, or nonexistent telephone
number, credit number, or other credit device, or method of
numbering or coding which is employed in the issuance of
telephone numbers, credit numbers, or other credit devices
with knowledge or reason to believe that it may be used to
avoid the payment of any lawful telephone or telegraph toll
charge under circumstances evidencing an intent to have such
telephone number, credit number, credit device, or method of
numbering or coding so used shall be punished as provided in
subsection (a) of Code Section 16-9-38.
(c) An offense under this Code section may be deemed to have
been committed at either the place at which the publication
was initiated, at which publication was received, or at
which the information so published was utilized to avoid or
attempt to avoid payment of any lawful telephone or
telegraph charge.
16-9-50.
[
Index ]
(a) A person commits the offense of using a deceptive
business practice when in the regular course of business he
knowingly:
(1) Uses or possesses for use a false weight or measure or
any other device for falsely determining or recording any
quality or quantity;
(2) Sells, offers, or exposes for sale or delivers less than
the represented quality or quantity of any commodity; or
(3) Takes or attempts to take more than the represented
quantity of any commodity when as buyer he furnishes the
weight or measure.
(b) Any person who commits the offense of using a deceptive
business practice shall be guilty of a misdemeanor.
16-9-51.
[
Index ]
(a) Except as provided in subsection (b) of this Code
section, a person who destroys, removes, conceals,
encumbers, transfers, or otherwise deals with property
subject to a security interest with intent to hinder
enforcement of that interest shall be guilty of a
misdemeanor.
(b) A person who destroys, removes, conceals, encumbers,
transfers, or otherwise deals with property subject to a
security interest with intent to hinder enforcement of that
security interest and in so doing does damage to such
property in an amount greater than $500.00 shall be guilty
of a misdemeanor of a high and aggravated nature.
(c) In a prosecution under this Code section the crime shall
be considered as having been committed in any county where
any act in furtherance of the criminal scheme was done or
caused to be done.
16-9-52.
[
Index ]
(a) A person commits the offense of improper solicitation of
money when he solicits payment of money by another by means
of a statement or invoice or any writing that could
reasonably be interpreted as a statement or invoice for
goods not yet ordered or for services not yet performed and
not yet ordered, unless there appears on the face of the
statement or invoice or writing in 30 point boldface type
the following warning:
'This is a solicitation for the order of goods or services
and you are under no obligation to make payment unless you
accept the offer contained herein.'
(b) Any person who violates subsection (a) of this Code
section shall be guilty of a misdemeanor.
(c) In addition to other remedies, any person damaged by
noncompliance with subsection (a) of this Code section is
entitled to damages in the amount equal to three times the
sum solicited.
16-9-53.
[
Index ]
(a) A person commits the offense of damaging, destroying, or
secreting property to defraud another person when he
knowingly and with intent to defraud another person damages,
destroys, or secretes any property of whatever class or
character, whether the property of himself or of another
person.
(b) A person convicted of the offense of damaging,
destroying, or secreting property to defraud another person
shall be punished by imprisonment for not less than one nor
more than five years.
16-9-54.
[
Index ]
(a) In making a telephone solicitation for the purpose of
the sale of goods or services or for the purpose of seeking
charitable contributions, it shall be unlawful for any
person to make false statements regarding the purpose of the
solicitation, the person or persons represented by the
solicitor, or the person or persons benefiting from the
solicitation.
(b) Any person who violates subsection (a) of this Code
section shall be guilty of a misdemeanor.
16-9-55.
[
Index ]
(a) Any person who obtains or attempts to obtain or who
establishes or attempts to establish eligibility for, and
any person who knowingly or intentionally aids or abets such
person in obtaining or attempting to obtain or in
establishing or attempting to establish eligibility for, any
public housing or a reduction in public housing rental
charges or any rent subsidy or payment from a tenant in
connection with public housing to which such person would
not otherwise be entitled, by means of a false statement,
failure to disclose information, impersonation, or other
fraudulent scheme or device shall be guilty of a
misdemeanor.
(b) As used in this Code section, 'public housing' means
housing which is constructed, operated, maintained,
financed, or subsidized by the state, a county, a municipal
corporation, the Georgia Housing and Finance Authority, a
housing authority, or by any other political subdivision or
public corporation of the state or its subdivisions.
(c) Notice of subsection (a) of this Code section shall be
printed on the application form for public housing and shall
be displayed in the office where such application is made.
16-9-56.
[
Index ]
(a) It shall be unlawful for any person to give a false or
fictitious name, address, or telephone number as that
personīs own or to give the name, address, or telephone
number of any other person without that other personīs
knowledge and approval for the purpose of obtaining or
attempting to obtain a refund for merchandise returned to a
business establishment or a refund on a ticket or other
document which is evidence of a service purchased from a
business establishment, which service is yet to be
performed.
(b) Any person who violates this Code section shall be
guilty of a misdemeanor.
16-9-57.
[
Index ]
(a) It shall be unlawful for any person to solicit or accept
a fee, consideration, or donation or to offer for sale or to
sell advertising as a representative of a peace officer
organization or fire service organization or under the guise
of representing a peace officer organization or fire service
organization unless such person is employed by, is acting
pursuant to the authority of, or is a member of such
organization.
(b) As used in this Code section, the term:
(1) 'Fire service' shall include any person duly elected,
appointed, or employed to engage in fire fighting.
(2) 'Peace officer' shall include any person duly elected,
appointed, or employed to engage in public law enforcement
work.
(c) Any person, firm, association, or corporation violating
subsection (a) of this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished
by a fine of not more than $500.00 or by imprisonment for
not more than 30 days, or both.
(d) Any person, firm, association, or corporation violating
subsection (a) of this Code section through the use of some
form of communication across the boundaries of the state,
whether such communication is by mail, by the use of any
electronic device including but not limited to the use of a
telephone or telegraph, or by any other means, shall be
guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one year nor more
than three years or by a fine of not less than $1,000.00 nor
more than $5,000.00, or both.
16-9-58.
[
Index ]
Any person, either on his or her own account or for others,
who with fraudulent intent shall buy cotton, corn, rice,
crude turpentine, spirits of turpentine, rosin, pitch, tar,
timber, pulpwood, Christmas trees, pine needles,
horticultural crops, poultry and poultry products, cattle,
hogs, sheep, goats, ratites, horses, mules, pecans, peaches,
apples, watermelons, cantaloupes, or other products or
chattels and fail or refuse to pay therefor within 20 days
following receipt of such products or chattels or by such
other payment due date explicitly stated in a written
contract agreed to by the buyer and seller, whichever is
later, shall be guilty of a misdemeanor; except that if the
value of the products or chattels exceeded $500.00 such
person shall be guilty of a felony and, upon conviction
thereof, shall be imprisoned for not less than one year nor
more than five years.
16-9-59.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Buyer' means any individual who is solicited to
purchase or who purchases the services of a credit repair
services organization.
(2)(A) 'Credit repair services organization' means any
person who, with respect to the extension of credit to a
buyer by others, sells, provides, or performs, or represents
that he can or will sell, provide, or perform, in return for
the payment of money or other valuable consideration any of
the following services:
(i) Improving a buyerīs credit record, history, or rating;
(ii) Obtaining an extension of credit for a buyer;
(iii) Providing advice or assistance to a buyer with regard
to either division (i) or (ii) of this subparagraph.
(B) 'Credit repair services organization' does not include:
(i) Any person authorized to make loans or extensions of
credit under the laws of this state or the United States who
is subject to regulation and supervision by this state or
the United States;
(ii) Any bank or savings and loan institution whose deposits
or accounts are eligible for insurance by the Federal
Deposit Insurance Corporation or the Savings Association
Insurance Fund of the Federal Deposit Insurance Corporation;
(iii) Any nonprofit organization exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code of 1986;
(iv) Any person licensed as a real estate broker by this
state if the person is acting within the course and scope of
that license;
(v) Any person licensed to practice law in this state if the
person renders services within the course and scope of his
or her practice as an attorney;
(vi) Any broker-dealer registered with the Securities and
Exchange Commission or the Commodity Futures Trading
Commission if the broker-dealer is acting within the course
and scope of those regulatory agencies; or
(vii) Any consumer reporting agency as defined in the
federal Fair Credit Reporting Act (15 U.S.C. 1681-1681t).
(3) 'Extension of credit' means the right to defer payment
of debt or to incur debt and defer its payment, offered or
granted primarily for personal, family, or household
purposes.
(b) A person commits the offense of operating a credit
repair services organization when he or she owns, operates,
or is affiliated with a credit repair services organization.
(c) Any person who commits the offense of operating a credit
repair services organization shall be guilty of a
misdemeanor.
16-9-60.
[
Index ]
(a) For purposes of this Code section, the term 'foreclosure
fraud' shall include any of the following: knowingly or
willfully representing that moneys provided to or on behalf
of a debtor, as defined in Code Section 44-14-162.1 in
connection with property used as a dwelling place by said
debtor, are a loan if in fact they are used to purchase said
property or such debtorīs interest therein; or knowingly or
willfully making fraudulent representation to a debtor about
assisting the debtor in connection with said property.
(b) Any person who by foreclosure fraud purchases or
attempts to purchase residential property by means of such
fraudulent scheme shall be guilty of a felony.
(c) A person who violates subsection (b) of this Code
section shall be punished by imprisonment for not less than
one year nor more than three years or by a fine of not less
than $1,000.00 nor more than $5,000.00, or both.
16-9-61.
[
Index ]
(a) A person commits the crime of misrepresenting the origin
or ownership of timber or agricultural commodities when, in
the course of a sale, attempted sale, delivery, or other
completed or attempted transaction regarding timber or
agricultural commodities, he or she knowingly, willfully,
and with criminal intent to defraud makes a false statement
or knowingly, willfully, and with criminal intent to defraud
causes a false statement to be made with regard to any
specific ownership of the timber or agricultural commodities
or with regard to the location or ownership of the land
where the timber was cut or the agricultural commodities
were harvested.
(b) Misrepresenting the origin of timber or agricultural
commodities shall be punished, upon conviction, as for a
misdemeanor; except that if the property which was the
subject of the misrepresentation exceeded $500.00 in value,
it shall be a felony offense punishable upon conviction by a
sentence of imprisonment of not less than one year and not
exceeding five years.
16-9-70.
[
Index ]
(a) A person commits the offense of criminal use of an
article with an altered identification mark when he buys,
sells, receives, disposes of, conceals, or has in his
possession a radio, piano, phonograph, sewing machine,
washing machine, typewriter, adding machine, comptometer,
bicycle, firearm, safe, vacuum cleaner, dictaphone, watch,
watch movement, watch case, or any other mechanical or
electrical device, appliance, contrivance, material, or
piece of apparatus or equipment, other than a motor vehicle
as defined in Code Section 40-1-1 from which he knows the
manufacturerīs name plate, serial number, or any other
distinguishing number or identification mark has been
removed for the purpose of concealing or destroying the
identity of such article.
(b) A person convicted of the offense of criminal use of an
article with an altered identification mark shall be
punished by imprisonment for not less than one nor more than
five years.
(c) This Code section does not apply to those cases or
instances where any of the changes or alterations enumerated
in subsection (a) of this Code section have been customarily
made or done as an established practice in the ordinary and
regular conduct of business by the original manufacturer or
by his duly appointed direct representative or under
specific authorization from the original manufacturer.
16-9-71.
[
Index ]
(a) It shall be unlawful for any person without the express
permission of the owner or lessee of an animal to remove a
collar, tag, tattoo, or any identification mark artificially
attached to or imprinted on an animal for the purposes of
identification which causes or is likely to cause the loss
of the animal to the owner thereof.
(b) Any person who violates subsection (a) of this Code
section shall be guilty of a misdemeanor.
16-9-90.
[
Index ]
This article shall be known and may be cited as the 'Georgia
Computer Systems Protection Act.'
16-9-91.
[
Index ]
The General Assembly finds that:
(1) Computer related crime is a growing problem in the
government and in the private sector;
(2) Such crime occurs at great cost to the public, since
losses for each incident of computer crime tend to be far
greater than the losses associated with each incident of
other white collar crime;
(3) The opportunities for computer related crimes in state
programs, and in other entities which operate within the
state, through the introduction of fraudulent records into a
computer system, unauthorized use of computer facilities,
alteration or destruction of computerized information files,
and stealing of financial instruments, data, or other assets
are great;
(4) Computer related crime operations have a direct effect
on state commerce;
(5) Liability for computer crimes should be imposed on all
persons, as that term is defined in this title; and
(6) The prosecution of persons engaged in computer related
crime is difficult under previously existing Georgia
criminal statutes.
16-9-92.
[
Index ]
As used in this article, the term:
(1) 'Computer' means an electronic, magnetic, optical,
electrochemical, or other high-speed data processing device
or system performing computer operations with or on data and
includes any data storage facility or communications
facility directly related to or operating in conjunction
with such device; but such term does not include an
automated typewriter or typesetter, portable hand-held
calculator, household appliance, or other similar device
that is not used to communicate with or to manipulate any
other computer.
(2) 'Computer network' means a set of related, remotely
connected computers and any communications facilities with
the function and purpose of transmitting data among them
through the communications facilities.
(3) 'Computer operation' means computing, classifying,
transmitting, receiving, retrieving, originating, switching,
storing, displaying, manifesting, measuring, detecting,
recording, reproducing, handling, or utilizing any form of
data for business, scientific, control, or other purposes.
(4) 'Computer program' means one or more statements or
instructions composed and structured in a form acceptable to
a computer that, when executed by a computer in actual or
modified form, cause the computer to perform one or more
computer operations. The term 'computer program' shall
include all associated procedures and documentation, whether
or not such procedures and documentation are in human
readable form.
(5) 'Data' includes any representation of information,
intelligence, or data in any fixed medium, including
documentation, computer printouts, magnetic storage media,
punched cards, storage in a computer, or transmission by a
computer network.
(6) 'Financial instruments' includes any check, draft, money
order, note, certificate of deposit, letter of credit, bill
of exchange, credit or debit card, transaction-authorizing
mechanism, or marketable security, or any computer
representation thereof.
(7) 'Property' includes computers, computer networks,
computer programs, data, financial instruments, and
services.
(8) 'Services' includes computer time or services or data
processing services.
(9) 'Use' includes causing or attempting to cause:
(A) A computer or computer network to perform or to stop
performing computer operations;
(B) The obstruction, interruption, malfunction, or denial of
the use of a computer, computer network, computer program,
or data; or
(C) A person to put false information into a computer.
(10) 'Victim expenditure' means any expenditure reasonably
and necessarily incurred by the owner to verify that a
computer, computer network, computer program, or data was or
was not altered, deleted, damaged, or destroyed by
unauthorized use.
(11) 'Without authority' includes the use of a computer or
computer network in a manner that exceeds any right or
permission granted by the owner of the computer or computer
network.
16-9-93.
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Index ]
(a) Computer theft. Any person who uses a computer or
computer network with knowledge that such use is without
authority and with the intention of:
(1) Taking or appropriating any property of another, whether
or not with the intention of depriving the owner of
possession;
(2) Obtaining property by any deceitful means or artful
practice; or
(3) Converting property to such person?s use in violation of
an agreement or other known legal obligation to make a
specified application or disposition of such property
shall be guilty of the crime of computer theft.
(b) Computer Trespass. Any person who uses a computer or
computer network with knowledge that such use is without
authority and with the intention of:
(1) Deleting or in any way removing, either temporarily or
permanently, any computer program or data from a computer or
computer network;
(2) Obstructing, interrupting, or in any way interfering
with the use of a computer program or data; or
(3) Altering, damaging, or in any way causing the
malfunction of a computer, computer network, or computer
program, regardless of how long the alteration, damage, or
malfunction persists
shall be guilty of the crime of computer trespass.
(c) Computer Invasion of Privacy. Any person who uses a
computer or computer network with the intention of examining
any employment, medical, salary, credit, or any other
financial or personal data relating to any other person with
knowledge that such examination is without authority shall
be guilty of the crime of computer invasion of privacy.
(d) Computer Forgery. Any person who creates, alters, or
deletes any data contained in any computer or computer
network, who, if such person had created, altered, or
deleted a tangible document or instrument would have
committed forgery under Article 1 of this chapter, shall be
guilty of the crime of computer forgery. The absence of a
tangible writing directly created or altered by the offender
shall not be a defense to the crime of computer forgery if a
creation, alteration, or deletion of data was involved in
lieu of a tangible document or instrument.
(e) Computer Password Disclosure. Any person who discloses a
number, code, password, or other means of access to a
computer or computer network knowing that such disclosure is
without authority and which results in damages (including
the fair market value of any services used and victim
expenditure) to the owner of the computer or computer
network in excess of $500.00 shall be guilty of the crime of
computer password disclosure.
(f) Article not Exclusive. The provisions of this article
shall not be construed to preclude the applicability of any
other law which presently applies or may in the future apply
to any transaction or course of conduct which violates this
article.
(g) Civil Relief; Damages.
(1) Any person whose property or person is injured by reason
of a violation of any provision of this article may sue
therefor and recover for any damages sustained and the costs
of suit. Without limiting the generality of the term,
'damages' shall include loss of profits and victim
expenditure.
(2) At the request of any party to an action brought
pursuant to this Code section, the court shall by reasonable
means conduct all legal proceedings in such a way as to
protect the secrecy and security of any computer, computer
network, data, or computer program involved in order to
prevent possible recurrence of the same or a similar act by
another person and to protect any trade secrets of any
party.
(3) The provisions of this article shall not be construed to
limit any person?s right to pursue any additional civil
remedy otherwise allowed by law.
(4) A civil action under this Code section must be brought
within four years after the violation is discovered or by
exercise of reasonable diligence should have been
discovered. For purposes of this article, a continuing
violation of any one subsection of this Code section by any
person constitutes a single violation by such person.
(h) Criminal Penalties.
(1) Any person convicted of the crime of computer theft,
computer trespass, computer invasion of privacy, or computer
forgery shall be fined not more than $50,000.00 or
imprisoned not more than 15 years, or both.
(2) Any person convicted of computer password disclosure
shall be fined not more than $5,000.00 or incarcerated for a
period not to exceed one year, or both.
16-9-93.1.
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Index ]
(a) It shall be unlawful for any person, any organization,
or any representative of any organization knowingly to
transmit any data through a computer network or over the
transmission facilities or through the network facilities of
a local telephone network for the purpose of setting up,
maintaining, operating, or exchanging data with an
electronic mailbox, home page, or any other electronic
information storage bank or point of access to electronic
information if such data uses any individual name, trade
name, registered trademark, logo, legal or official seal, or
copyrighted symbol to falsely identify the person,
organization, or representative transmitting such data or
which would falsely state or imply that such person,
organization, or representative has permission or is legally
authorized to use such trade name, registered trademark,
logo, legal or official seal, or copyrighted symbol for such
purpose when such permission or authorization has not been
obtained; provided, however, that no telecommunications
company or Internet access provider shall violate this Code
section solely as a result of carrying or transmitting such
data for its customers.
(b) Any person violating subsection (a) of this Code section
shall be guilty of a misdemeanor.
(c) Nothing in this Code section shall be construed to limit
an aggrieved partyīs right to pursue a civil action for
equitable or monetary relief, or both, for actions which
violate this Code section.
16-9-94.
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Index ]
For the purpose of venue under this article, any violation
of this article shall be considered to have been committed:
(1) In the county of the principal place of business in this
state of the owner of a computer, computer network, or any
part thereof;
(2) In any county in which any person alleged to have
violated any provision of this article had control or
possession of any proceeds of the violation or of any books,
records, documents, or property which were used in
furtherance of the violation;
(3) In any county in which any act was performed in
furtherance of any transaction which violated this article;
and
(4) In any county from which, to which, or through which any
use of a computer or computer network was made, whether by
wires, electromagnetic waves, microwaves, or any other means
of communication.
16-9-110.
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Index ]
(a) It shall be unlawful for any person, firm, or
corporation knowingly to sell, transfer, or otherwise convey
any motor vehicle which was not manufactured to comply with
federal emission and safety standards applicable to new
motor vehicles as required by 42 U.S.C. Section 7401 through
Section 7642, known as the federal Clean Air Act, as
amended, and as required by 15 U.S.C. Section 1381 through
Section 1431, known as the National Traffic and Motor
Vehicle Safety Act of 1966, as amended, unless and until the
United States Customs Service or the United States
Department of Transportation and the United States
Environmental Protection Agency have certified that the
motor vehicle complies with such applicable federal
standards.
(b) Any person convicted of violating subsection (a) of this
Code section shall be guilty of a misdemeanor.
16-9-111.
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Index ]
Any person who knowingly installs or reinstalls any object
in lieu of and other than an air bag which was designed in
accordance with federal safety regulations for the make,
model, and year of the vehicle as part of a vehicle
inflatable restraint system shall be guilty of a misdemeanor
of a high and aggravated nature.
16-9-120.
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Index ]
As used in this article, the term:
(1) 'Administrator' means the administrator appointed under
Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair
Business Practices Act of 1975.'
(2) 'Business victim' means any individual or entity that
provided money, credit, goods, services, or anything of
value to someone other than the intended recipient where the
intended recipient has not given permission for the actual
recipient to receive it and the individual or entity that
provided money, credit, goods, services, or anything of
value has suffered financial loss as a direct result of the
commission or attempted commission of a violation of this
article.
(3) 'Consumer victim' means any individual whose personal
identifying information has been obtained, compromised,
used, or recorded in any manner without the permission of
that individual.
(4) 'Identifying information' shall include, but not be
limited to:
(A) Current or former names;
(B) Social security numbers;
(C) Driverīs license numbers;
(D) Checking account numbers;
(E) Savings account numbers;
(F) Credit and other financial transaction card numbers;
(G) Debit card numbers;
(H) Personal identification numbers;
(I) Electronic identification numbers;
(J) Digital or electronic signatures;
(K) Medical identification numbers;
(L) Birth dates;
(M) Motherīs maiden name;
(N) Selected personal identification numbers;
(O) Tax identification numbers;
(P) State identification card numbers issued by state
departments; or
(Q) Any other numbers or information which can be used to
access a personīs or entityīs resources.
(5) 'Resources' includes, but is not limited to:
(A) A personīs or entityīs credit, credit history, credit
profile, and credit rating;
(B) United States currency, securities, real property, and
personal property of any kind;
(C) Credit, charge, and debit accounts;
(D) Loans and lines of credit;
(E) Documents of title and other forms of commercial paper
recognized under Title 11;
(F) Any account, including a safety deposit box, with a
financial institution as defined by Code Section 7-1-4,
including a national bank, federal savings and loan
association, or federal credit union or a securities dealer
licensed by the Secretary of State or the federal Securities
and Exchange Commission; and
(G) A personīs personal history, including but not limited
to records of such personīs driving records; criminal,
medical, or insurance history; education; or employment.
16-9-121.
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Index ]
A person commits the offense of identity fraud when without
the authorization or permission of a person with the intent
unlawfully to appropriate resources of or cause physical
harm to that person, or of any other person, to his or her
own use or to the use of a third party he or she:
(1) Obtains or records identifying information of a person
which would assist in accessing the resources of that person
or any other person; or
(2) Accesses or attempts to access the resources of a person
through the use of identifying information.
16-9-122.
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Index ]
It shall be unlawful for any person to attempt or conspire
to commit any offense prohibited by this article. Any person
convicted of a violation of this Code section shall be
punished by imprisonment or community service, by a fine, or
by both such punishments not to exceed the maximum
punishment prescribed for the offense the commission of
which was the object of the attempt or conspiracy.
16-9-123.
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Index ]
The administrator appointed under Code Section 10-1-395
shall have the authority to investigate any complaints of
consumer victims regarding identity fraud. In conducting
such investigations the administrator shall have all
investigative powers which are available to the
administrator under Part 2 of Article 15 of Chapter 1 of
Title 10, the 'Fair Business Practices Act of 1975.' If,
after such investigation, the administrator determines that
a person has been a consumer victim of identity fraud in
this state, the administrator shall, at the request of the
consumer victim, provide the consumer victim with
certification of the findings of such investigation. Copies
of any and all complaints received by any law enforcement
agency of this state regarding potential violations of this
article shall be transmitted to the Governorīs Office of
Consumer Affairs. The Governorīs Office of Consumer Affairs
shall maintain a repository for all complaints in the State
of Georgia regarding identity fraud. Information contained
in such repository shall not be subject to public
disclosure. The information in the repository may be
transmitted to any other appropriate investigatory agency or
entity. Consumer victims of identity fraud may file
complaints directly with the Governorīs Office of Consumer
Affairs. Employees of the Governorīs Office of Consumer
Affairs may communicate with consumer victims. Any and all
transmissions authorized under this Code section may be
transmitted electronically, provided that such transmissions
are made through a secure channel for the transmission of
such electronic communications or information, the
sufficiency of which is acceptable to the Governorīs Office
of Consumer Affairs. Nothing in this Code section shall be
construed to preclude any otherwise authorized law
enforcement or prosecutorial agencies from conducting
investigations and prosecuting offenses of identity fraud.
16-9-124.
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Index ]
The Attorney General and prosecuting attorneys shall have
the authority to conduct the criminal prosecution of all
cases of identity fraud.
16-9-125.
[
Index ]
The General Assembly finds that identity fraud involves the
use of identifying information which is uniquely personal to
the consumer or business victim of that identity fraud and
which information is considered to be in the lawful
possession of the consumer or business victim wherever the
consumer or business victim currently resides or is found.
Accordingly, the fraudulent use of that information involves
the fraudulent use of information that is, for the purposes
of this article, found within the county where the consumer
or business victim of the identity fraud resides or is
found. Accordingly, in a proceeding under this article, the
crime will be considered to have been committed in any
county where the person whose means of identification or
financial information was appropriated resides or is found,
or in any county in which any other part of the offense took
place, regardless of whether the defendant was ever actually
in such county.
16-9-126.
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Index ]
(a) A violation of this article, other than a violation of
Code Section 16-9-122, shall be punishable by imprisonment
for not less than one nor more than ten years or a fine not
to exceed $100,000.00, or both. Any person who commits such
a violation for the second or any subsequent offense shall
be punished by imprisonment for not less than three nor more
than 15 years, a fine not to exceed $250,000.00, or both.
(b) Any person found guilty of a violation of this article
may be ordered by the court to make restitution to any
consumer victim or any business victim of such fraud.
(c) Each violation of this article shall constitute a
separate offense.
(d) Upon a conviction of a violation of this article, the
court may issue any order necessary to correct a public
record that contains false information resulting from the
actions which resulted in the conviction.
16-9-127.
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Index ]
The administrator shall have authority to initiate any
proceedings and to exercise any power or authority in the
same manner as if he or she were acting under Part 2 of
Article 15 of Chapter 1 of Title 10, as regards violations
or potential violations of this article.
16-9-128.
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Index ]
(a) The prohibitions set forth in Code Sections 16-9-121 and
16-9-122 shall not apply to nor shall any cause of action
arise under Code Sections 16-9-129 and 16-9-131 for:
(1) The lawful obtaining of credit information in the course
of a bona fide consumer or commercial transaction;
(2) The lawful, good faith exercise of a security interest
or a right to offset by a creditor or a financial
institution;
(3) The lawful, good faith compliance by any party when
required by any warrant, levy, garnishment, attachment,
court order, or other judicial or administrative order,
decree, or directive; or
(4) The good faith use of identifying information with the
permission of the affected individual.
(b) The exemptions provided in subsection (a) of this Code
section will not apply to a person intending to further a
scheme to violate Code Section 16-9-121 or 16-9-122.
(c) It is not necessary for the state to negate any
exemption or exception in this article in any complaint,
accusation, indictment, or other pleading or in any trial,
hearing, or other proceeding under this article involving a
business victim. In such cases the burden of proof of any
exemption or exception is upon the business victim claiming
it.
16-9-129.
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Index ]
Any business victim who is injured by reason of any
violation of this article shall have a cause of action for
the actual damages sustained and, where appropriate,
punitive damages. Such business victim may also recover
attorneyīs fees in the trial and appellate courts and the
costs of investigation and litigation reasonably incurred.
16-9-130.
[
Index ]
(a) Any consumer victim who suffers injury or damages as a
result of a violation of this article may bring an action
individually or as a representative of a class against the
person or persons engaged in such violations under the rules
of civil procedure to seek equitable injunctive relief and
to recover general and punitive damages sustained as a
consequence thereof in any court having jurisdiction over
the defendant; provided, however, punitive damages shall be
awarded only in cases of intentional violation. A claim
under this article may also be asserted as a defense,
setoff, cross-claim, or counterclaim or third-party claim
against such person.
(b) A court shall award three times actual damages for an
intentional violation.
(c) If the court finds in any action that there has been a
violation of this article, the consumer victim injured by
such violation shall, in addition to other relief provided
for in this Code section and irrespective of the amount in
controversy, be awarded reasonable attorneyīs fees and
expenses of litigation incurred in connection with said
action.
(d) It shall not be a defense in any action under this
article that others were, are, or will be engaged in like
practices.
(e) In any action brought under this article the
administrator shall be served by certified or registered
mail or statutory overnight delivery with a copy of the
initial complaint and any amended complaint within 20 days
of the filing of such complaint. The administrator shall be
entitled to be heard in any such action, and the court where
such action is filed may enter an order requiring any of the
parties to serve a copy of any other pleadings in an action
upon the administrator.
16-9-131.
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Index ]
Whenever an investigation has been conducted by the
Governorīs Office of Consumer Affairs under this article and
such investigation reveals conduct which constitutes a
criminal offense, the administrator shall forward the
results of such investigation to the Attorney General or
other prosecuting attorney of this state who shall commence
any criminal prosecution that he or she deems appropriate.
16-9-132.
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Index ]
This article is cumulative with other laws and is not
exclusive. The rights or remedies provided for in this
article shall be in addition to any other procedures,
rights, remedies, or duties provided for in any other law or
in decisions of the courts of this state dealing with the
same subject matter.
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