Question 1

What are the felony classes and maximum sentences in Georgia?

Accepted Answer

Georgia does not sort felonies into numbered classes or degrees. The code defines a felony as 'a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months,' and each crime's own statute sets its prison range. For example, theft of property worth more than $24,999.99 is punished 'by imprisonment for not less than two nor more than 20 years' (§ 16-8-12(a)(1)(A)), and possession of less than 1 gram of a Schedule I or narcotic Schedule II drug 'by imprisonment for not less than one nor more than three years' (§ 16-13-30(c)).

Question 2

What are the misdemeanor classes and penalties in Georgia?

Accepted Answer

Georgia has two misdemeanor levels. A 'misdemeanor' and a 'misdemeanor of a high and aggravated nature' each mean 'any crime other than a felony.' Unless a statute says otherwise, a misdemeanor is punished by 'a fine not to exceed $1,000.00' or jail 'for a total term not to exceed 12 months, or both' (or up to 12 months in a state probation detention center). A misdemeanor of a high and aggravated nature carries 'a fine not to exceed $5,000.00,' jail 'for a term not to exceed 12 months,' or both.

Question 3

How much do you have to steal for it to be a felony in Georgia?

Accepted Answer

Theft is a misdemeanor unless an exception applies. Property worth at least $1,500.01 but less than $5,000.00: 'not less than one nor more than five years' in prison or, at the judge's discretion, a misdemeanor. At least $5,000.00 but less than $25,000.00: 'not less than one nor more than ten years' or, at the judge's discretion, a misdemeanor. More than $24,999.99: 'not less than two nor more than 20 years.' A third theft conviction (with two priors under §§ 16-8-2 through 16-8-9) is a felony punishable by one to five years, and theft of a firearm, explosive or destructive device is one to ten years regardless of value.

Question 4

Is Georgia a stand your ground state?

Accepted Answer

Georgia has a stand-your-ground law. A person who uses threats or force in defense of self or others (§ 16-3-21), of a habitation (§ 16-3-23) or of other property (§ 16-3-24) 'has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.' A person who uses force justified under these sections is immune from criminal prosecution, unless, in using deadly force, the person used a weapon that it was unlawful for him or her to carry or possess.

Question 5

Does Georgia have a castle doctrine?

Accepted Answer

A person may threaten or use force to prevent or end another's unlawful entry into or attack on a habitation (defined as 'any dwelling, motor vehicle, or place of business' in § 16-3-24.1). Deadly force is justified only if: (1) the entry is 'made or attempted in a violent and tumultuous manner' and the person reasonably believes it is to assault someone inside and force is needed to prevent it; (2) the force is used against someone 'who is not a member of the family or household' who 'unlawfully and forcibly enters' the residence and the person knew or had reason to believe an unlawful and forcible entry occurred; or (3) the person reasonably believes the entry is to commit a felony inside and force is needed to prevent it. There is no duty to retreat (§ 16-3-23.1), justified force brings immunity from criminal prosecution (§ 16-3-24.2), and a person justified in using such force cannot be held liable in a civil lawsuit arising from it (§ 51-11-9).

Question 6

What is the statute of limitations for crimes in Georgia?

Accepted Answer

Murder: 'may be commenced at any time.' Crimes punishable by death or life imprisonment: within seven years. Forcible rape: within 15 years. Other felonies: within four years; felonies against victims under 18 at the time: within seven years. Misdemeanors: 'within two years after the commission of the crime.' Armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery may be prosecuted at any time when DNA evidence establishes the accused's identity. For listed sex offenses and first-degree cruelty to children committed on or after July 1, 2012 against a victim under 16, 'a prosecution may be commenced at any time' (with exceptions for certain lesser child molestation and sexual battery provisions).

Question 7

How do you get a public defender in Georgia?

Accepted Answer

Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing.

Question 8

What is the age of consent in Georgia?

Accepted Answer

Statutory rape is sexual intercourse 'with any person under the age of 16 years and not his or her spouse,' so the age of consent is 16. It is punished by one to 20 years, or ten to 20 years if the offender is 21 or older. Close-in-age rule: if the victim is at least 14 but less than 16 and the offender is 18 or younger and 'no more than four years older than the victim,' the offense is a misdemeanor; child molestation (§ 16-6-4) has the same close-in-age misdemeanor provision.

Question 9

Is marijuana legal in Georgia?

Accepted Answer

Adult non-medical marijuana possession is a crime in Georgia. Possession of 'one ounce or less' is a misdemeanor punishable by up to 12 months in jail, a fine of up to $1,000.00, or both (or public works up to 12 months). Above that, possession is a felony punishable 'by imprisonment for not less than one year nor more than ten years' (larger amounts fall under trafficking, § 16-13-31). A first-time drug possession defendant may be eligible once for conditional discharge (probation without a judgment of guilt). Medical program: the Department of Public Health's Medical Cannabis Patient Registry lets registered patients and caregivers possess up to '12,000 milligrams of tetrahydrocannabinol (THC) or medical cannabis'; qualifying conditions include ALS, Alzheimer's disease, most cancers, multiple sclerosis, Parkinson's disease, intractable pain, sickle cell disease and Tourette's syndrome, and a Georgia physician's certification is required.

Question 10

Is assault a felony in Georgia?

Accepted Answer

Simple assault is attempting 'to commit a violent injury to the person of another' or doing an act that 'places another in reasonable apprehension of immediately receiving a violent injury'; it is a misdemeanor, raised to a misdemeanor of a high and aggravated nature when committed on public transit, against a household member, a public school employee on duty, or a pregnant woman. A misdemeanor carries up to $1,000.00 and up to 12 months in jail (§ 17-10-3); a misdemeanor of a high and aggravated nature carries up to $5,000.00 and up to 12 months (§ 17-10-4). Aggravated assault is an assault with intent to murder, rape or rob; with a deadly weapon or an object likely to cause serious bodily injury; with an object likely to result in strangulation; or by firing a gun from a vehicle toward people. It is a felony punished 'by imprisonment for not less than one nor more than 20 years,' with higher minimums for certain victims.

Question 11

Is battery a felony in Georgia?

Accepted Answer

Georgia has three battery offenses separate from assault. Simple battery is intentional physical contact 'of an insulting or provoking nature' or intentionally causing physical harm; it is a misdemeanor, or a misdemeanor of a high and aggravated nature when the victim is 65 or older, pregnant, a police/correction/detention officer on duty, a sports official, a public school employee, a household member, or when it happens on public transit. Battery is intentionally causing 'substantial physical harm or visible bodily harm' (such as blackened eyes or substantial bruises) and is a misdemeanor in its basic form. Aggravated battery is maliciously causing bodily harm by depriving someone of a body part, making a body part useless, or seriously disfiguring them; it carries 'not less than one nor more than 20 years.'

Question 12

Is domestic violence a felony in Georgia?

Accepted Answer

Georgia charges violence against family members as higher-penalty versions of the regular offenses. The family/household group covers past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and others (excluding siblings) living or formerly living in the same household. Simple assault and simple battery against them are misdemeanors of a high and aggravated nature. Family violence battery (§ 16-5-23.1(f)) is a misdemeanor on a first conviction but a felony punishable by 'not less than one nor more than five years' on a second or later conviction, or on a first conviction if the person has a prior forcible felony against a household member. Aggravated assault and aggravated battery against these family members carry 'not less than three nor more than 20 years.' Assault with an object likely to result in strangulation is aggravated assault.

Question 13

What is the penalty for shoplifting in Georgia?

Accepted Answer

Theft by shoplifting of property worth $500.00 or less is a misdemeanor; on a second conviction the fine is 'not less than $500.00' and cannot be suspended or probated, and a third conviction brings at least 30 days in jail (or 120 days of certain confinement alternatives or monitored house arrest). A fourth or later conviction is a felony punishable 'by imprisonment for not less than one nor more than ten years.' Shoplifting becomes a felony (one to ten years) when the property is worth more than $500.00, or when thefts from three stores in one county within seven days, or within 180 days, together exceed $500.00. A merchant may also sue a shoplifter for the loss plus a civil penalty of '$300.00 or triple the amount of the entire loss sustained,' whichever is greater, when the total claim is under $5,000 and written-demand rules are followed (§ 51-10-6).

Question 14

What is the difference between burglary and robbery in Georgia?

Accepted Answer

Burglary is entering or remaining in a building without authority to commit a felony or theft. First-degree burglary (a dwelling house) carries one to 20 years for a first conviction, two to 20 for a second, and five to 25 for a third or later; second-degree burglary (other buildings, structures, railroad cars, watercraft or aircraft) carries one to five years, and one to eight for a second or later conviction. Robbery is taking property from a person or their immediate presence by force, intimidation or 'sudden snatching'; it is punished 'by imprisonment for not less than one nor more than 20 years,' or five to 20 if the victim is 65 or older. Armed robbery (using an offensive weapon or a replica) is punished 'by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.'

Question 15

Is vandalism a felony in Georgia?

Accepted Answer

Vandalism is called criminal damage to property (or criminal trespass for small amounts) in Georgia. Intentionally damaging another's property when the damage is $500.00 or less is criminal trespass, a misdemeanor (up to $1,000.00 and 12 months under § 17-10-3). Damage exceeding $500.00 is criminal damage to property in the second degree, punished by 'imprisonment for not less than one nor more than five years.' Criminal damage in the first degree (interfering with property so as to endanger human life, or with critical infrastructure or a vital public service) carries one to ten years, or two to 20 years for the infrastructure version.

Question 16

Is trespassing a crime in Georgia?

Accepted Answer

Criminal trespass includes knowingly and without authority entering another's land or premises for an unlawful purpose, entering after prior notice that entry is forbidden, or remaining after being told to leave. It also covers damaging another's property by $500.00 or less and knowingly and maliciously interfering with someone's use of their property. The code does not grade it by land versus building: a person who commits criminal trespass 'shall be guilty of a misdemeanor' (up to $1,000.00 and 12 months in jail under § 17-10-3).

Question 17

What are the penalties for drug possession in Georgia?

Accepted Answer

Possessing a controlled substance without authorization is a felony in Georgia. For Schedule I or narcotic Schedule II drugs: less than 1 gram is punished 'by imprisonment for not less than one nor more than three years'; 1 to under 4 grams, one to eight years; 4 to under 28 grams, one to 15 years (larger amounts are trafficking). Possession of Schedule III, IV or V drugs is one to three years (one to five for a third or later conviction). Using or possessing drug-related objects (paraphernalia, excluding needles and syringes) is a misdemeanor. A first-time possession defendant may, once, receive conditional discharge: probation without a judgment of guilt, with dismissal on successful completion.

Question 18

Is a hit and run a felony in Georgia?

Accepted Answer

A driver in a crash involving injury, death or a damaged vehicle must stop, remain at the scene, give name, address and registration (and show a license on request), and give reasonable help to anyone injured. Knowingly failing to do so when the crash causes death or serious injury 'shall be guilty of a felony,' punished by one to five years in prison. When the crash causes a non-serious injury or vehicle damage, it is a misdemeanor: a first conviction carries a fine of $300 to $1,000, up to 12 months in jail, or both, with higher minimum fines for second and third convictions within five years.

Question 19

Is reckless driving a crime in Georgia?

Accepted Answer

Reckless driving is driving 'any vehicle in reckless disregard for the safety of persons or property.' It is a misdemeanor punished 'by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both,' and the court may suspend the sentence or order probation. It adds 4 points to a Georgia driving record, according to the Department of Driver Services points schedule, and a driver with 15 points in a 24-month period will be suspended.

Question 20

Is harassment a crime in Georgia?

Accepted Answer

Stalking is following, placing under surveillance, or contacting another person (including 'by computer, by computer network, or by any other electronic device') without consent 'for the purpose of harassing and intimidating' them. A first offense is a misdemeanor; a second or later conviction is a felony punished 'by imprisonment for not less than one year nor more than ten years.' Aggravated stalking (the same conduct in violation of a protective or restraining order, bond, or condition of pretrial release, probation or parole) is a felony punished by one to ten years and a fine of up to $10,000.00. Harassing communications (repeatedly contacting someone by phone, email, text or similar means to harass, molest, threaten or intimidate them or their family) is a misdemeanor.

Question 21

Is resisting arrest a felony in Georgia?

Accepted Answer

Georgia calls resisting arrest obstruction of officers. Knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of official duties is a misdemeanor. Resisting or obstructing an officer 'by offering or doing violence' is a felony: one to five years for a first conviction, two to ten for a second, and three to 15 for a third or later, plus a fine of at least $300.00. Fleeing or attempting to elude police in a vehicle is a misdemeanor of a high and aggravated nature for a first through third conviction (first conviction: a $1,000 to $5,000 fine and 30 days to 12 months in jail); a fourth conviction within ten years is a felony, and it is also a felony (fine of $5,000 to $10,000 and one to ten years) if the driver goes more than 20 miles an hour over the limit, hits another vehicle or a pedestrian, causes a crash, endangers the public, commits certain listed traffic offenses such as reckless driving, or leaves the state.

Question 22

What happens if you miss a court date in Georgia?

Accepted Answer

Missing a court date after release on bail or unsecured judicial release, with actual notice of the date and without sufficient excuse, is bail jumping. If the person was charged with or convicted of a felony, it is felony-bail jumping, punished 'by imprisonment for not less than one nor more than five years,' a fine of up to $5,000, or both. If the charge or conviction was a misdemeanor, it is misdemeanor-bail jumping, a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)).

Question 23

What happens if you violate probation in Georgia?

Accepted Answer

The sentencing court decides probation violations at a revocation hearing, and may not revoke any part of a probated or suspended sentence unless the defendant admits the violation or it is proven 'by a preponderance of the evidence.' For a violation of a general condition (other than a new felony), the court must consider alternatives such as community service or a probation detention center, and may otherwise revoke the balance of probation or 'not more than two years in confinement, whichever is less.' For a new felony offense, the court may revoke up to the lesser of the remaining probation or the maximum sentence for that felony; for violation of a written special condition, the court may require the person to serve 'the balance or portion of the balance' of the sentence.

Question 24

Is obstruction of justice a felony in Georgia?

Accepted Answer

Obstructing or hindering a law enforcement officer is a misdemeanor, or a felony (one to five years for a first conviction) if done by offering or doing violence to the officer (§ 16-10-24). Threatening a witness or offering a benefit to keep a witness from testifying 'freely, fully, and truthfully' (influencing witnesses) is punished by one to five years; using intimidation, physical force, threats or misleading conduct to influence testimony or prevent reports to police is a felony punished by two to ten years, a fine of $10,000.00 to $20,000.00, or both. Tampering with evidence (destroying, altering, hiding or planting evidence to obstruct a case) is a misdemeanor in a misdemeanor case, a felony of one to three years when it involves another person's felony case, and one to ten years when it involves another person's serious violent felony case.

Question 25

Is perjury a felony in Georgia?

Accepted Answer

Perjury is knowingly and willfully making a false statement material to the issue under oath (or in an unsworn declaration) in a judicial proceeding. It is punished 'by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than ten years, or both'; if the perjury caused another person to be imprisoned, the sentence may not exceed the sentence for the crime that person was convicted of, and if it caused another to be punished by death, the penalty is life imprisonment. False swearing (a knowingly false sworn statement in a matter other than a judicial proceeding) carries a fine of not more than $1,000.00, one to five years in prison, or both.

Question 26

Is public intoxication a crime in Georgia?

Accepted Answer

Public drunkenness is a crime in Georgia. A person who is intoxicated in a public place, or on the grounds of someone else's private residence without the owner's or lawful occupant's invitation, commits a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)) when the intoxication is 'made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language.' Counties and cities may also pass their own ordinances against drunkenness and disorderly conduct.

Question 27

What is a disorderly conduct charge in Georgia?

Accepted Answer

Disorderly conduct covers acting in a violent or tumultuous manner that puts another person in reasonable fear for their life, limb or health, or puts their property at risk of damage; using, without provocation, 'opprobrious or abusive words' to or about another person in that person's presence that would ordinarily be likely to provoke an immediate violent reaction; and using obscene, vulgar or profane language in the presence of, or by phone to, a child under 14 in a way that threatens an immediate breach of the peace. It is a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)).

Question 28

What is the penalty for indecent exposure in Georgia?

Accepted Answer

Georgia calls this public indecency: performing in a public place an act of sexual intercourse, 'a lewd exposure of the sexual organs,' a lewd appearance in partial or complete nudity, or a lewd caress or indecent fondling of another person. It is punished as a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). A third or later conviction for lewd exposure, lewd nudity or lewd fondling is a felony punished 'by imprisonment for not less than one nor more than five years.'

Question 29

Is prostitution illegal in Georgia?

Accepted Answer

Prostitution (a person 18 or older performing, offering or agreeing to perform a sexual act for money or other things of value) is a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). Buying is charged as pandering: soliciting 'a person to perform an act of prostitution' for oneself or a third person; a first offense is a misdemeanor of a high and aggravated nature (up to $5,000.00 and up to 12 months in jail (§ 17-10-4), all but 72 hours suspendable), and a second or later offense is a felony of one to ten years. Pandering involving a person under 18 is a felony punished by ten to 30 years and a fine of up to $100,000.00. An extra $2,500.00 fine applies when these offenses happen within 1,000 feet of a school, place of worship, or a playground or recreation center used mainly by people under 17, and the clerk publishes a notice of a pandering conviction with the person's arrest photo.

Question 30

Is gambling legal in Georgia?

Accepted Answer

Georgia runs a state lottery through the Georgia Lottery Corporation, whose net proceeds 'shall be used to supplement, not supplant, existing resources for educational purposes and programs' (§ 50-27-2). Otherwise, betting on the result of a game, contest or election, or playing cards, dice or balls for money, is the crime of gambling, a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). Commercial gambling (running a gambling place, taking bets, selling chances or running an unlicensed lottery or bingo game) is a felony punished by one to five years, a fine of up to $20,000.00, or both.

Question 31

Is embezzlement a felony in Georgia?

Accepted Answer

Embezzlement is usually charged as theft by conversion: having lawfully obtained someone else's money or property under an agreement or known legal obligation to use it a specified way, a person 'knowingly converts the funds or property to his own use.' It is graded like other theft under § 16-8-12: a misdemeanor for lower values, and a felony at $1,500.01 or more (one to five years; one to ten years from $5,000.00; two to 20 years above $24,999.99). Property taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or financial institution in breach of duty, is punished by one to 15 years, a fine, or both.

Question 32

Is identity theft a felony in Georgia?

Accepted Answer

Identity fraud is willfully and fraudulently using or possessing another person's identifying information without authorization or consent, creating fictitious identifying information to commit a crime or fraud, or knowingly accepting fraudulent identifying information. It is a felony: 'imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00,' or both, for a first offense, and three to 15 years, a fine of up to $250,000.00, or both, for a second or later offense. Financial transaction (credit/debit) card fraud is graded by value: when the total does not exceed $100.00 in a six-month period, the penalty is a fine of not more than $1,000.00 or one to two years, or both; above $100.00, it is a felony with a fine of up to $5,000.00, one to three years, or both.

Question 33

Is forgery a felony in Georgia?

Accepted Answer

Forgery is making, altering or possessing a writing, knowingly and with intent to defraud, so it appears to be made by someone else, at another time, with different terms or with authority that did not exist. First-degree forgery (a non-check writing that is also uttered or delivered) carries one to 15 years; second-degree (the same without uttering) and third-degree (a check of $1,500.00 or more, or ten or more blank checks) carry one to five years. Fourth-degree forgery (a check under $1,500.00 or fewer than ten blank checks) is a misdemeanor, with a third or later conviction punishable by one to five years. Bad checks (deposit account fraud) are a misdemeanor under $1,500.00 (under $500.00: a fine of not more than $500.00 or up to 12 months, or both; $1,000.00 to $1,499.99: a misdemeanor of a high and aggravated nature) and a felony at $1,500.00 or more: '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.'

Question 34

Is blackmail illegal in Georgia?

Accepted Answer

Georgia charges blackmail as theft by extortion: unlawfully obtaining property from another by threatening to injure someone or commit another crime, accuse someone of a crime, disclose information that would expose someone to hatred, contempt or ridicule or impair their credit or business reputation, take or withhold official action, bring about a strike or boycott in certain circumstances, or testify or withhold testimony about someone's legal claim or defense. It is punished 'by imprisonment for not less than one nor more than ten years.'

Question 35

What is the difference between first and second degree murder in Georgia?

Accepted Answer

Georgia does not use first- and second-degree labels the usual way. Murder is causing a death with malice aforethought (express intent to kill, or implied malice shown by an abandoned and malignant heart) or causing a death while committing any felony (felony murder, no malice required); it is punished by death, life without parole, or life in prison. Second-degree murder is causing a death while committing second-degree cruelty to children, regardless of malice, and carries 10 to 30 years.

Question 36

What is the sentence for manslaughter in Georgia?

Accepted Answer

Voluntary manslaughter is a killing that would otherwise be murder but results solely from a sudden, violent and irresistible passion caused by serious provocation (with no cooling-off time); it carries 1 to 20 years. Involuntary manslaughter during an unlawful act that is not a felony carries 1 to 10 years; causing a death by doing a lawful act in an unlawful way likely to cause death or great harm is a misdemeanor. First-degree homicide by vehicle (causing a death through DUI, reckless driving, fleeing police, passing a stopped school bus, or leaving the scene of a fatal crash) carries 3 to 15 years, or 5 to 20 years for a habitual violator driving while revoked; second-degree homicide by vehicle (a death caused by any other traffic violation) is a misdemeanor.

Question 37

Is child endangerment a felony in Georgia?

Accepted Answer

Georgia's main child endangerment crime is cruelty to children. First degree (a caregiver willfully depriving a child under 18 of necessary sustenance, or anyone maliciously causing a child cruel or excessive physical or mental pain) carries 5 to 20 years. Second degree (causing such pain through criminal negligence) carries 1 to 10 years. Third degree (letting a child see or hear a forcible felony or family-violence battery) is a misdemeanor for a first or second conviction and a felony with 1 to 3 years for a third. Contributing to the delinquency, unruliness or deprivation of a minor is a misdemeanor for a first or second offense and a felony (1 to 3 years) for a third; directing a minor to commit a forcible felony or giving a minor a weapon to commit one is a felony with 1 to 10 years.

Question 38

Is arson a felony in Georgia?

Accepted Answer

Arson in the first degree is knowingly damaging by fire or explosive another person's dwelling (occupied or not), any structure designed as a dwelling, insured property without the insurer's consent, property to defraud a spouse or co-owner, or any structure where it is reasonably foreseeable that human life could be endangered; it carries 1 to 20 years and a fine of up to $50,000. Arson in the second degree covers other buildings, vehicles, boats, aircraft and structures belonging to another, with 1 to 10 years and up to $25,000. Arson in the third degree covers personal property worth $25 or more and carries 1 to 5 years and up to $10,000.

Question 39

Is animal cruelty a felony in Georgia?

Accepted Answer

Cruelty to animals (causing physical pain, suffering or death by an unjustifiable act or omission, or a keeper failing to provide adequate food, water, sanitary conditions or ventilation) is a misdemeanor, and a misdemeanor of a high and aggravated nature for a second or later conviction. Aggravated cruelty to animals (maliciously killing, seriously disfiguring, torturing or poisoning an animal, or neglect causing death or serious disfigurement) is a felony with 1 to 5 years and a fine of up to $15,000; a second or later conviction carries 1 to 10 years and up to $100,000. The judge may order a psychological evaluation before sentencing.

Question 40

Is revenge porn illegal in Georgia?

Accepted Answer

Yes. Knowingly and without consent electronically sending or posting a nude or sexually explicit photo or video of an adult (including a falsely created image) that harasses the person or causes financial loss and serves no legitimate purpose is a misdemeanor of a high and aggravated nature (up to 12 months and $5,000); a second or later violation is a felony with 1 to 5 years and up to a $100,000 fine. Posting it on a website or file-sharing site that advertises sexually explicit content is a felony with 1 to 5 years (2 to 5 years for a repeat) and up to $100,000. Exceptions include law enforcement, legitimate medical or educational use, images showing only the sender, commercial content, and voluntary public nudity.

Question 41

Is cyberbullying a crime in Georgia?

Accepted Answer

Repeatedly contacting someone by electronic communication to harass, molest, threaten or intimidate them or their family, or threatening bodily harm electronically, is harassing communications, a misdemeanor. Georgia's school bullying law expressly covers cyberbullying through electronic communication directed at students or school staff, even if sent off campus, but it sets school discipline (a student in grades 6 to 12 found to have bullied for the third time in a school year must be assigned to an alternative school) rather than criminal penalties.

Question 42

What are the sexting laws for minors in Georgia?

Accepted Answer

Georgia's child sexual exploitation law excludes a person who creates or possesses images showing only themselves. Certain offenses (including creating, distributing or possessing images of a minor) are reduced to a misdemeanor when the minor pictured was at least 14 and agreed to the image being made, the defendant was 18 or younger, and the image was either not shared or (with the court's and prosecutor's agreement) was not shared to harass, intimidate or embarrass the minor or for commercial purposes. Otherwise these offenses are felonies with 5 to 20 years in prison.

Question 43

Is money laundering a felony in Georgia?

Accepted Answer

Georgia does not grade money laundering by amount tiers. Knowingly conducting a currency transaction with proceeds of specified unlawful activity, intending to promote that activity or knowing it is designed to hide the proceeds' source or ownership or to avoid a reporting requirement, carries up to 20 years in prison and a fine of up to $500,000 or twice the transaction amount, whichever is greater. Willful violations of the state currency-reporting rules are misdemeanors, or felonies (up to 5 years and $500,000) when they further another violation or are part of a pattern of illegal activity involving more than $100,000 in a 12-month period.

Question 44

What are the human trafficking laws in Georgia?

Accepted Answer

Trafficking a person for labor servitude or sexual servitude (including recruiting, harboring, transporting, soliciting, patronizing or profiting from a person in sexual servitude) is a felony with 10 to 20 years in prison and a fine of up to $100,000. If the victim is under 18 or has a developmental disability, the sentence is 25 to 50 years or life and up to $100,000; ignorance of the victim's age and the victim's consent are not defenses. Someone with a prior sexual felony conviction who commits sexual servitude faces life in prison (or a split sentence with lifetime probation).

Question 45

Is jaywalking illegal in Georgia?

Accepted Answer

A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent signal-controlled intersections, pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic-control devices allow it. The pedestrian section states no penalty of its own; violations of Georgia's rules of the road are misdemeanors unless the chapter provides otherwise.

Question 46

What is the open container law in Georgia?

Accepted Answer

No one may drink alcohol or have an open alcoholic beverage container in the passenger area of a vehicle on a public road or shoulder. Only the person who possesses or drinks it is charged, but a driver alone in the vehicle is considered to possess any open container in the passenger area. A locked glove compartment and, in cars without a trunk, the area behind the last upright seat are not part of the passenger area; passengers in vehicles for hire and in motor home living quarters are exempt, and properly resealed restaurant wine is not an open container. The fine is up to $200.

Question 47

What happens if you are caught drinking under 21 in Georgia?

Accepted Answer

People under 21 may not buy or try to buy alcohol, knowingly possess it, lie about their age, or use false identification to get it (exceptions: alcohol given by a parent or guardian in their home with them present, religious ceremonies, prescriptions, and certain jobs). A first violation is generally a misdemeanor (for possession, up to 6 months and $300), and using false identification is a misdemeanor of a high and aggravated nature; a second violation is generally a high and aggravated misdemeanor. First offenders may receive deferred probation leading to dismissal, and a person who seeks medical help in good faith for an alcohol overdose is protected from arrest and prosecution for these offenses.

Question 48

What happens if you drive on a suspended license in Georgia?

Accepted Answer

Driving while your license is suspended, disqualified or revoked (or without a required license) is a misdemeanor with 2 days to 12 months in jail and a $500 to $1,000 fine for a first conviction in five years. A second or third conviction within five years is a misdemeanor of a high and aggravated nature with 10 days to 12 months and $1,000 to $2,500. A fourth or later conviction within five years is a felony with 1 to 5 years and $2,500 to $5,000. A conviction also brings an additional six-month suspension, and only one no-contest plea is allowed in five years.

Question 49

What is the penalty for driving without a license in Georgia?

Accepted Answer

Driving without a valid Georgia license is punished under the same scale as driving while suspended: a misdemeanor with 2 days to 12 months and a $500 to $1,000 fine for a first conviction within five years, rising for repeat convictions to a felony on the fourth. A person whose Georgia license expired less than 31 days earlier is not guilty if they show the court a license that would have been valid. A licensed driver who fails to carry the license but shows the court a valid one faces a fine of no more than $10.

Question 50

What knives are legal to carry in Georgia?

Accepted Answer

Georgia's weapon-carry law defines a 'knife' as a cutting instrument with a blade longer than 12 inches; such knives may be carried by a 'lawful weapons carrier,' and anyone else carrying one commits a misdemeanor (a felony with 2 to 5 years for a second offense within five years). Knives with blades of 2 inches or more, switchblades, ballistic knives, daggers, bowie knives and straight razors are banned in school safety zones, at school functions and on school buses: it is a misdemeanor for a lawful weapons carrier and a felony (2 to 10 years and up to $10,000) for anyone else.

Question 51

Are fireworks legal in Georgia?

Accepted Answer

Georgia allows consumer fireworks (including Roman candles and aerial items meeting federal standards) for people 18 and older; 16- and 17-year-olds may handle them only as assistants to licensed sellers. Use is allowed from 10 a.m. to 11:59 p.m. on any day if it meets local general noise ordinances, and on New Year's Day, the last weekend of May, July 3 and 4, Labor Day and New Year's Eve, plus midnight to 1 a.m. on January 1. Fireworks may not be used indoors, on roads, within 100 yards of hospitals, nursing homes, jails, utility plants, fuel facilities or airports, in public parks without a permit, or while impaired. Sparklers, snakes, smoke devices and party poppers are not treated as consumer fireworks.

Question 52

Is kidnapping a felony in Georgia?

Accepted Answer

Kidnapping (abducting or stealing away a person without legal authority and holding them against their will) is punished by 10 to 20 years in prison when the victim is 14 or older; by life, or a split sentence of at least 25 years followed by probation for life, when the victim is under 14; and by life imprisonment or death when the kidnapping was for ransom or the victim was injured. False imprisonment (arresting, confining or detaining someone without legal authority) is a felony punishable by 1 to 10 years, with additional sentencing rules when the victim is under 14 and not the defendant's child.

Question 53

Is making a threat a crime in Georgia?

Accepted Answer

Terroristic threats (threatening a crime of violence, release of a hazardous substance, or burning or damaging property, intending to terrorize someone or cause an evacuation or serious public inconvenience, or recklessly) are generally a misdemeanor, but a felony with 1 to 5 years and up to a $1,000 fine when the threat suggested the person would be killed; a conviction cannot rest only on the uncorroborated testimony of the person threatened. Terroristic acts (such as shooting at an occupied vehicle, or using a burning cross to terrorize) carry 1 to 10 years and up to $5,000, or 5 to 40 years and up to $250,000 if someone suffers serious physical injury. A threat or act made to retaliate against or intimidate a witness, judge, attorney or person who reported a crime carries 5 to 20 years and a fine of at least $50,000.

Question 54

Is stealing a car a felony in Georgia?

Accepted Answer

Stealing a car is generally prosecuted as theft by taking, graded by value: a misdemeanor up to $1,500, 1 to 5 years for more than $1,500 up to $5,000, 1 to 10 years for $5,000 up to $25,000, and 2 to 20 years above $24,999.99 (the judge may treat the lower felony tiers as misdemeanors). Hijacking a motor vehicle in the first degree (taking a vehicle by force, violence or intimidation while having a weapon) carries 10 to 20 years and a $10,000 to $100,000 fine, and life for a repeat offense; hijacking in the second degree (obtaining a vehicle from a person without consent) carries 1 to 10 years, rising to 3 to 15 years and then 5 to 20 years for repeat convictions.

Question 55

Is receiving stolen property a felony in Georgia?

Accepted Answer

Theft by receiving stolen property (receiving, disposing of or keeping property one knows or should know was stolen, unless the purpose is to return it to the owner) is punished on Georgia's general theft scale: a misdemeanor (up to 12 months) up to $1,500, 1 to 5 years for more than $1,500 up to $5,000, 1 to 10 years for $5,000 up to $25,000, and 2 to 20 years for more than $24,999.99. A third theft conviction is a felony (1 to 5 years) regardless of value, though the judge may impose a misdemeanor sentence. The thief does not have to be convicted first.

Question 56

What counts as drug trafficking in Georgia?

Accepted Answer

Selling, making, distributing or possessing with intent to distribute a Schedule I or Schedule II drug carries 5 to 30 years for a first offense and 10 to 40 years or life for a later offense; Schedule III, IV or V drugs carry 1 to 10 years. Trafficking is based on weight with mandatory minimum terms and fines: cocaine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million; heroin and other illegal opiates, 4 to 14 grams brings 5 years and $50,000, 14 to 28 grams 10 years and $100,000, and 28 grams or more 25 years and $500,000; methamphetamine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million.

Question 57

Is prescription fraud a felony in Georgia?

Accepted Answer

Getting or trying to get a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or theft, or 'doctor shopping' (not telling a practitioner that you obtained a controlled substance of similar use from another practitioner in the same period), is a felony punishable by up to 8 years in prison, a fine of up to $50,000, or both.

Question 58

What is vehicular assault in Georgia?

Accepted Answer

Serious injury by vehicle (without malice, causing a crash that results in 'bodily harm' — loss or uselessness of a body part, serious disfigurement, or organic brain damage — while driving recklessly, under the influence, or otherwise violating the reckless or impaired driving laws) is a felony punishable by 1 to 15 years in prison. Causing such an injury and knowingly leaving the scene is a felony punishable by 1 to 10 years.

Question 59

What is the penalty for boating under the influence in Georgia?

Accepted Answer

It is illegal to operate a vessel while impaired by alcohol or drugs to the point of being less safe, or with an alcohol concentration of 0.08 or more within three hours after operating (0.02 for anyone under 21). A first conviction is a misdemeanor with a $300 to $1,000 fine, 10 days to 12 months in jail (all but 24 hours may be suspended), at least 40 hours of community service and a risk reduction program; a second within 10 years brings $600 to $1,000 and at least 72 hours actually served; and a third within 10 years is a high and aggravated misdemeanor with $1,000 to $5,000 and at least 15 days served. A fourth or later conviction within 10 years is a felony punishable by 1 to 5 years.

Question 60

Is insurance fraud a felony in Georgia?

Accepted Answer

Insurance fraud (knowingly or willfully making, or helping make, a false or fraudulent statement of a material fact to an insurer, converting premium money, issuing counterfeit policies, or falsely claiming death or disability) is a felony punishable by 2 to 10 years in prison, a fine of up to $10,000, or both, regardless of the amount involved.

Question 61

What happens if you commit welfare or unemployment fraud in Georgia?

Accepted Answer

Obtaining or trying to obtain public assistance, food stamps or Medicaid by a false statement, failure to disclose information or impersonation is a misdemeanor, and a felony punishable by 1 to 5 years when the value exceeds $1,500; amounts obtained during one uninterrupted period are treated as one offense. The person must repay any overpayment, and a prosecutor may offer a consent agreement in which the person accepts disqualification instead of prosecution. Unemployment fraud (knowingly lying or hiding a material fact to get or increase benefits) is a misdemeanor, and a felony (1 to 5 years and a fine of at least $1,000) when it involves more than $4,000 or claims in more than one benefit year.

Question 62

Is bribery a felony in Georgia?

Accepted Answer

Bribery (giving or offering a benefit the recipient is not entitled to, to anyone acting for the state or a local government, in order to influence their official acts, or an official asking for or accepting such a benefit) is punishable by 1 to 20 years in prison, a fine of up to $5,000, or both.

Question 63

What are the penalties for tax evasion in Georgia?

Accepted Answer

Willfully evading or defeating, or attempting to evade, more than $3,000 of state income tax, penalty or interest (including by failing to file a return) is a felony punishable by 1 to 5 years in prison and a fine of up to $100,000 for an individual ($500,000 for a corporation), or both. This is in addition to civil penalties.

Question 64

What are the penalties for sexual assault in Georgia?

Accepted Answer

Rape in Georgia is penetration of the female sex organ by the male sex organ by force and against the victim's will, or with a girl under 10; marriage is no defense. It is punishable by death, life without parole, life, or a split sentence of at least 25 years in prison followed by lifetime probation. Aggravated sexual battery (penetrating the sexual organ or anus with a foreign object without consent) carries life or a split sentence of at least 25 years followed by lifetime probation. Sexual battery (intentionally touching another person's intimate parts without consent) is a misdemeanor of a high and aggravated nature, and a felony with 1 to 5 years if the victim is under 16 or for a repeat conviction. Sex with a minor (statutory rape) is covered on the age-of-consent page.

Felony classes and maximum sentences	Georgia does not sort felonies into numbered classes or degrees. The code defines a felony as 'a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months,' and each crime's own statute sets its prison range. For example, theft of property worth more than $24,999.99 is punished 'by imprisonment for not less than two nor more than 20 years' (§ 16-8-12(a)(1)(A)), and possession of less than 1 gram of a Schedule I or narcotic Schedule II drug 'by imprisonment for not less than one nor more than three years' (§ 16-13-30(c)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-1-3 (definition of felony); 16-8-12(a)(1)(A); 16-13-30(c)
Misdemeanor classes and maximum penalties	Georgia has two misdemeanor levels. A 'misdemeanor' and a 'misdemeanor of a high and aggravated nature' each mean 'any crime other than a felony.' Unless a statute says otherwise, a misdemeanor is punished by 'a fine not to exceed $1,000.00' or jail 'for a total term not to exceed 12 months, or both' (or up to 12 months in a state probation detention center). A misdemeanor of a high and aggravated nature carries 'a fine not to exceed $5,000.00,' jail 'for a term not to exceed 12 months,' or both. § 17-10-4: https://codes.findlaw.com/ga/title-17-criminal-procedure/ga-code-sect-17-10-4/ ; § 16-1-3: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-1-3/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-1-3; 17-10-3(a); 17-10-4
How much theft is a felony	Theft is a misdemeanor unless an exception applies. Property worth at least $1,500.01 but less than $5,000.00: 'not less than one nor more than five years' in prison or, at the judge's discretion, a misdemeanor. At least $5,000.00 but less than $25,000.00: 'not less than one nor more than ten years' or, at the judge's discretion, a misdemeanor. More than $24,999.99: 'not less than two nor more than 20 years.' A third theft conviction (with two priors under §§ 16-8-2 through 16-8-9) is a felony punishable by one to five years, and theft of a firearm, explosive or destructive device is one to ten years regardless of value. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-8-12(a)(1), (a)(6)

Assault	Simple assault is attempting 'to commit a violent injury to the person of another' or doing an act that 'places another in reasonable apprehension of immediately receiving a violent injury'; it is a misdemeanor, raised to a misdemeanor of a high and aggravated nature when committed on public transit, against a household member, a public school employee on duty, or a pregnant woman. A misdemeanor carries up to $1,000.00 and up to 12 months in jail (§ 17-10-3); a misdemeanor of a high and aggravated nature carries up to $5,000.00 and up to 12 months (§ 17-10-4). Aggravated assault is an assault with intent to murder, rape or rob; with a deadly weapon or an object likely to cause serious bodily injury; with an object likely to result in strangulation; or by firing a gun from a vehicle toward people. It is a felony punished 'by imprisonment for not less than one nor more than 20 years,' with higher minimums for certain victims. § 16-5-21: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-21/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-5-20(a)-(d), (f), (g); 16-5-21(a), (b); 17-10-3; 17-10-4
Battery	Georgia has three battery offenses separate from assault. Simple battery is intentional physical contact 'of an insulting or provoking nature' or intentionally causing physical harm; it is a misdemeanor, or a misdemeanor of a high and aggravated nature when the victim is 65 or older, pregnant, a police/correction/detention officer on duty, a sports official, a public school employee, a household member, or when it happens on public transit. Battery is intentionally causing 'substantial physical harm or visible bodily harm' (such as blackened eyes or substantial bruises) and is a misdemeanor in its basic form. Aggravated battery is maliciously causing bodily harm by depriving someone of a body part, making a body part useless, or seriously disfiguring them; it carries 'not less than one nor more than 20 years.' § 16-5-23.1: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-23-1/ ; § 16-5-24: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-24/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-5-23; 16-5-23.1(a), (c); 16-5-24(a), (b)
Domestic violence	Georgia charges violence against family members as higher-penalty versions of the regular offenses. The family/household group covers past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and others (excluding siblings) living or formerly living in the same household. Simple assault and simple battery against them are misdemeanors of a high and aggravated nature. Family violence battery (§ 16-5-23.1(f)) is a misdemeanor on a first conviction but a felony punishable by 'not less than one nor more than five years' on a second or later conviction, or on a first conviction if the person has a prior forcible felony against a household member. Aggravated assault and aggravated battery against these family members carry 'not less than three nor more than 20 years.' Assault with an object likely to result in strangulation is aggravated assault. Other sections: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-20/ , https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-21/ , https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-24/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-5-20(d); 16-5-23(f); 16-5-23.1(f); 16-5-21(a), (i); 16-5-24(g)
Harassment and stalking	Stalking is following, placing under surveillance, or contacting another person (including 'by computer, by computer network, or by any other electronic device') without consent 'for the purpose of harassing and intimidating' them. A first offense is a misdemeanor; a second or later conviction is a felony punished 'by imprisonment for not less than one year nor more than ten years.' Aggravated stalking (the same conduct in violation of a protective or restraining order, bond, or condition of pretrial release, probation or parole) is a felony punished by one to ten years and a fine of up to $10,000.00. Harassing communications (repeatedly contacting someone by phone, email, text or similar means to harass, molest, threaten or intimidate them or their family) is a misdemeanor. § 16-5-91: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-91/ ; § 16-11-39.1: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-39-1/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-5-90; 16-5-91; 16-11-39.1

Shoplifting and petty theft	Theft by shoplifting of property worth $500.00 or less is a misdemeanor; on a second conviction the fine is 'not less than $500.00' and cannot be suspended or probated, and a third conviction brings at least 30 days in jail (or 120 days of certain confinement alternatives or monitored house arrest). A fourth or later conviction is a felony punishable 'by imprisonment for not less than one nor more than ten years.' Shoplifting becomes a felony (one to ten years) when the property is worth more than $500.00, or when thefts from three stores in one county within seven days, or within 180 days, together exceed $500.00. A merchant may also sue a shoplifter for the loss plus a civil penalty of '$300.00 or triple the amount of the entire loss sustained,' whichever is greater, when the total claim is under $5,000 and written-demand rules are followed (§ 51-10-6). § 51-10-6: https://codes.findlaw.com/ga/title-51-torts/ga-code-sect-51-10-6/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-8-14(b); 51-10-6(a)
Burglary and robbery	Burglary is entering or remaining in a building without authority to commit a felony or theft. First-degree burglary (a dwelling house) carries one to 20 years for a first conviction, two to 20 for a second, and five to 25 for a third or later; second-degree burglary (other buildings, structures, railroad cars, watercraft or aircraft) carries one to five years, and one to eight for a second or later conviction. Robbery is taking property from a person or their immediate presence by force, intimidation or 'sudden snatching'; it is punished 'by imprisonment for not less than one nor more than 20 years,' or five to 20 if the victim is 65 or older. Armed robbery (using an offensive weapon or a replica) is punished 'by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.' § 16-8-40: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-8-40/ ; § 16-8-41: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-8-41/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-7-1; 16-8-40; 16-8-41
Vandalism (property damage)	Vandalism is called criminal damage to property (or criminal trespass for small amounts) in Georgia. Intentionally damaging another's property when the damage is $500.00 or less is criminal trespass, a misdemeanor (up to $1,000.00 and 12 months under § 17-10-3). Damage exceeding $500.00 is criminal damage to property in the second degree, punished by 'imprisonment for not less than one nor more than five years.' Criminal damage in the first degree (interfering with property so as to endanger human life, or with critical infrastructure or a vital public service) carries one to ten years, or two to 20 years for the infrastructure version. § 16-7-21: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-7-21/ ; § 16-7-22: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-7-22/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-7-21(a), (d); 16-7-22; 16-7-23; 17-10-3
Trespassing	Criminal trespass includes knowingly and without authority entering another's land or premises for an unlawful purpose, entering after prior notice that entry is forbidden, or remaining after being told to leave. It also covers damaging another's property by $500.00 or less and knowingly and maliciously interfering with someone's use of their property. The code does not grade it by land versus building: a person who commits criminal trespass 'shall be guilty of a misdemeanor' (up to $1,000.00 and 12 months in jail under § 17-10-3). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-7-21(a), (b), (d); 17-10-3

Drug possession	Possessing a controlled substance without authorization is a felony in Georgia. For Schedule I or narcotic Schedule II drugs: less than 1 gram is punished 'by imprisonment for not less than one nor more than three years'; 1 to under 4 grams, one to eight years; 4 to under 28 grams, one to 15 years (larger amounts are trafficking). Possession of Schedule III, IV or V drugs is one to three years (one to five for a third or later conviction). Using or possessing drug-related objects (paraphernalia, excluding needles and syringes) is a misdemeanor. A first-time possession defendant may, once, receive conditional discharge: probation without a judgment of guilt, with dismissal on successful completion. § 16-13-32.2: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-13-32-2/ ; § 16-13-2: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-13-2/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-13-30(a), (c), (g); 16-13-32.2; 16-13-2(a)
Hit and run	A driver in a crash involving injury, death or a damaged vehicle must stop, remain at the scene, give name, address and registration (and show a license on request), and give reasonable help to anyone injured. Knowingly failing to do so when the crash causes death or serious injury 'shall be guilty of a felony,' punished by one to five years in prison. When the crash causes a non-serious injury or vehicle damage, it is a misdemeanor: a first conviction carries a fine of $300 to $1,000, up to 12 months in jail, or both, with higher minimum fines for second and third convictions within five years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 40-6-270(a)-(c)
Reckless driving	Reckless driving is driving 'any vehicle in reckless disregard for the safety of persons or property.' It is a misdemeanor punished 'by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both,' and the court may suspend the sentence or order probation. It adds 4 points to a Georgia driving record, according to the Department of Driver Services points schedule, and a driver with 15 points in a 24-month period will be suspended. Points: https://dds.georgia.gov/points-schedule (official). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 40-6-390; Georgia DDS Points Schedule

Resisting arrest	Georgia calls resisting arrest obstruction of officers. Knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of official duties is a misdemeanor. Resisting or obstructing an officer 'by offering or doing violence' is a felony: one to five years for a first conviction, two to ten for a second, and three to 15 for a third or later, plus a fine of at least $300.00. Fleeing or attempting to elude police in a vehicle is a misdemeanor of a high and aggravated nature for a first through third conviction (first conviction: a $1,000 to $5,000 fine and 30 days to 12 months in jail); a fourth conviction within ten years is a felony, and it is also a felony (fine of $5,000 to $10,000 and one to ten years) if the driver goes more than 20 miles an hour over the limit, hits another vehicle or a pedestrian, causes a crash, endangers the public, commits certain listed traffic offenses such as reckless driving, or leaves the state. § 40-6-395: https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-6-395/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-10-24; 40-6-395(a)-(c)
Missing a court date	Missing a court date after release on bail or unsecured judicial release, with actual notice of the date and without sufficient excuse, is bail jumping. If the person was charged with or convicted of a felony, it is felony-bail jumping, punished 'by imprisonment for not less than one nor more than five years,' a fine of up to $5,000, or both. If the charge or conviction was a misdemeanor, it is misdemeanor-bail jumping, a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-10-51(a), (b); 17-10-3
Probation violation	The sentencing court decides probation violations at a revocation hearing, and may not revoke any part of a probated or suspended sentence unless the defendant admits the violation or it is proven 'by a preponderance of the evidence.' For a violation of a general condition (other than a new felony), the court must consider alternatives such as community service or a probation detention center, and may otherwise revoke the balance of probation or 'not more than two years in confinement, whichever is less.' For a new felony offense, the court may revoke up to the lesser of the remaining probation or the maximum sentence for that felony; for violation of a written special condition, the court may require the person to serve 'the balance or portion of the balance' of the sentence. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 42-8-34.1(b)-(e)
Obstruction of justice	Obstructing or hindering a law enforcement officer is a misdemeanor, or a felony (one to five years for a first conviction) if done by offering or doing violence to the officer (§ 16-10-24). Threatening a witness or offering a benefit to keep a witness from testifying 'freely, fully, and truthfully' (influencing witnesses) is punished by one to five years; using intimidation, physical force, threats or misleading conduct to influence testimony or prevent reports to police is a felony punished by two to ten years, a fine of $10,000.00 to $20,000.00, or both. Tampering with evidence (destroying, altering, hiding or planting evidence to obstruct a case) is a misdemeanor in a misdemeanor case, a felony of one to three years when it involves another person's felony case, and one to ten years when it involves another person's serious violent felony case. § 16-10-24: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-10-24/ ; § 16-10-94: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-10-94/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-10-24; 16-10-93; 16-10-94
Perjury (lying under oath)	Perjury is knowingly and willfully making a false statement material to the issue under oath (or in an unsworn declaration) in a judicial proceeding. It is punished 'by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than ten years, or both'; if the perjury caused another person to be imprisoned, the sentence may not exceed the sentence for the crime that person was convicted of, and if it caused another to be punished by death, the penalty is life imprisonment. False swearing (a knowingly false sworn statement in a matter other than a judicial proceeding) carries a fine of not more than $1,000.00, one to five years in prison, or both. § 16-10-71: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-10-71/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-10-70; 16-10-71

Georgia Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

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Criminal Law FAQ

More Georgia law

Public intoxication	Public drunkenness is a crime in Georgia. A person who is intoxicated in a public place, or on the grounds of someone else's private residence without the owner's or lawful occupant's invitation, commits a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)) when the intoxication is 'made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language.' Counties and cities may also pass their own ordinances against drunkenness and disorderly conduct. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-11-41; 17-10-3
Disorderly conduct	Disorderly conduct covers acting in a violent or tumultuous manner that puts another person in reasonable fear for their life, limb or health, or puts their property at risk of damage; using, without provocation, 'opprobrious or abusive words' to or about another person in that person's presence that would ordinarily be likely to provoke an immediate violent reaction; and using obscene, vulgar or profane language in the presence of, or by phone to, a child under 14 in a way that threatens an immediate breach of the peace. It is a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-11-39; 17-10-3
Indecent exposure	Georgia calls this public indecency: performing in a public place an act of sexual intercourse, 'a lewd exposure of the sexual organs,' a lewd appearance in partial or complete nudity, or a lewd caress or indecent fondling of another person. It is punished as a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). A third or later conviction for lewd exposure, lewd nudity or lewd fondling is a felony punished 'by imprisonment for not less than one nor more than five years.' The statute does not itself address sex-offender registration. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-6-8; 17-10-3
Prostitution and solicitation	Prostitution (a person 18 or older performing, offering or agreeing to perform a sexual act for money or other things of value) is a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). Buying is charged as pandering: soliciting 'a person to perform an act of prostitution' for oneself or a third person; a first offense is a misdemeanor of a high and aggravated nature (up to $5,000.00 and up to 12 months in jail (§ 17-10-4), all but 72 hours suspendable), and a second or later offense is a felony of one to ten years. Pandering involving a person under 18 is a felony punished by ten to 30 years and a fine of up to $100,000.00. An extra $2,500.00 fine applies when these offenses happen within 1,000 feet of a school, place of worship, or a playground or recreation center used mainly by people under 17, and the clerk publishes a notice of a pandering conviction with the person's arrest photo. § 16-6-9: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-6-9/ ; § 16-6-12: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-6-12/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-6-9; 16-6-12; 16-6-13
Gambling	Georgia runs a state lottery through the Georgia Lottery Corporation, whose net proceeds 'shall be used to supplement, not supplant, existing resources for educational purposes and programs' (§ 50-27-2). Otherwise, betting on the result of a game, contest or election, or playing cards, dice or balls for money, is the crime of gambling, a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)). Commercial gambling (running a gambling place, taking bets, selling chances or running an unlicensed lottery or bingo game) is a felony punished by one to five years, a fine of up to $20,000.00, or both. § 16-12-22: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-12-22/ ; § 50-27-2: https://codes.findlaw.com/ga/title-50-state-government/ga-code-sect-50-27-2/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-12-21; 16-12-22; 50-27-2

Embezzlement	Embezzlement is usually charged as theft by conversion: having lawfully obtained someone else's money or property under an agreement or known legal obligation to use it a specified way, a person 'knowingly converts the funds or property to his own use.' It is graded like other theft under § 16-8-12: a misdemeanor for lower values, and a felony at $1,500.01 or more (one to five years; one to ten years from $5,000.00; two to 20 years above $24,999.99). Property taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or financial institution in breach of duty, is punished by one to 15 years, a fine, or both. § 16-8-12: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-8-12/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-8-4(a); 16-8-12(a)(1), (a)(3)
Fraud and identity theft	Identity fraud is willfully and fraudulently using or possessing another person's identifying information without authorization or consent, creating fictitious identifying information to commit a crime or fraud, or knowingly accepting fraudulent identifying information. It is a felony: 'imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00,' or both, for a first offense, and three to 15 years, a fine of up to $250,000.00, or both, for a second or later offense. Financial transaction (credit/debit) card fraud is graded by value: when the total does not exceed $100.00 in a six-month period, the penalty is a fine of not more than $1,000.00 or one to two years, or both; above $100.00, it is a felony with a fine of up to $5,000.00, one to three years, or both. § 16-9-121: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-9-121/ ; § 16-9-33: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-9-33/ ; § 16-9-38: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-9-38/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-9-121; 16-9-126(a); 16-9-33(c); 16-9-38
Forgery	Forgery is making, altering or possessing a writing, knowingly and with intent to defraud, so it appears to be made by someone else, at another time, with different terms or with authority that did not exist. First-degree forgery (a non-check writing that is also uttered or delivered) carries one to 15 years; second-degree (the same without uttering) and third-degree (a check of $1,500.00 or more, or ten or more blank checks) carry one to five years. Fourth-degree forgery (a check under $1,500.00 or fewer than ten blank checks) is a misdemeanor, with a third or later conviction punishable by one to five years. Bad checks (deposit account fraud) are a misdemeanor under $1,500.00 (under $500.00: a fine of not more than $500.00 or up to 12 months, or both; $1,000.00 to $1,499.99: a misdemeanor of a high and aggravated nature) and a felony at $1,500.00 or more: '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.' § 16-9-1: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-9-1/ ; § 16-9-20: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-9-20/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-9-1; 16-9-2; 16-9-20(a), (b)
Blackmail (extortion)	Georgia charges blackmail as theft by extortion: unlawfully obtaining property from another by threatening to injure someone or commit another crime, accuse someone of a crime, disclose information that would expose someone to hatred, contempt or ridicule or impair their credit or business reputation, take or withhold official action, bring about a strike or boycott in certain circumstances, or testify or withhold testimony about someone's legal claim or defense. It is punished 'by imprisonment for not less than one nor more than ten years.' Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-8-16

Murder (first vs second degree)	Georgia does not use first- and second-degree labels the usual way. Murder is causing a death with malice aforethought (express intent to kill, or implied malice shown by an abandoned and malignant heart) or causing a death while committing any felony (felony murder, no malice required); it is punished by death, life without parole, or life in prison. Second-degree murder is causing a death while committing second-degree cruelty to children, regardless of malice, and carries 10 to 30 years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-5-1
Manslaughter (voluntary, involuntary, vehicular)	Voluntary manslaughter is a killing that would otherwise be murder but results solely from a sudden, violent and irresistible passion caused by serious provocation (with no cooling-off time); it carries 1 to 20 years. Involuntary manslaughter during an unlawful act that is not a felony carries 1 to 10 years; causing a death by doing a lawful act in an unlawful way likely to cause death or great harm is a misdemeanor. First-degree homicide by vehicle (causing a death through DUI, reckless driving, fleeing police, passing a stopped school bus, or leaving the scene of a fatal crash) carries 3 to 15 years, or 5 to 20 years for a habitual violator driving while revoked; second-degree homicide by vehicle (a death caused by any other traffic violation) is a misdemeanor. Involuntary: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-3/; vehicular: https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-6-393/. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-5-2, 16-5-3, 40-6-393
Child endangerment	Georgia's main child endangerment crime is cruelty to children. First degree (a caregiver willfully depriving a child under 18 of necessary sustenance, or anyone maliciously causing a child cruel or excessive physical or mental pain) carries 5 to 20 years. Second degree (causing such pain through criminal negligence) carries 1 to 10 years. Third degree (letting a child see or hear a forcible felony or family-violence battery) is a misdemeanor for a first or second conviction and a felony with 1 to 3 years for a third. Contributing to the delinquency, unruliness or deprivation of a minor is a misdemeanor for a first or second offense and a felony (1 to 3 years) for a third; directing a minor to commit a forcible felony or giving a minor a weapon to commit one is a felony with 1 to 10 years. Contributing: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-12-1/. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-5-70, 16-12-1
Arson	Arson in the first degree is knowingly damaging by fire or explosive another person's dwelling (occupied or not), any structure designed as a dwelling, insured property without the insurer's consent, property to defraud a spouse or co-owner, or any structure where it is reasonably foreseeable that human life could be endangered; it carries 1 to 20 years and a fine of up to $50,000. Arson in the second degree covers other buildings, vehicles, boats, aircraft and structures belonging to another, with 1 to 10 years and up to $25,000. Arson in the third degree covers personal property worth $25 or more and carries 1 to 5 years and up to $10,000. Second degree: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-7-61/; third degree: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-7-62/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-7-60, 16-7-61, 16-7-62
Human trafficking	Trafficking a person for labor servitude or sexual servitude (including recruiting, harboring, transporting, soliciting, patronizing or profiting from a person in sexual servitude) is a felony with 10 to 20 years in prison and a fine of up to $100,000. If the victim is under 18 or has a developmental disability, the sentence is 25 to 50 years or life and up to $100,000; ignorance of the victim's age and the victim's consent are not defenses. Someone with a prior sexual felony conviction who commits sexual servitude faces life in prison (or a split sentence with lifetime probation). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-5-46
Money laundering	Georgia does not grade money laundering by amount tiers. Knowingly conducting a currency transaction with proceeds of specified unlawful activity, intending to promote that activity or knowing it is designed to hide the proceeds' source or ownership or to avoid a reporting requirement, carries up to 20 years in prison and a fine of up to $500,000 or twice the transaction amount, whichever is greater. Willful violations of the state currency-reporting rules are misdemeanors, or felonies (up to 5 years and $500,000) when they further another violation or are part of a pattern of illegal activity involving more than $100,000 in a 12-month period. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 7-1-915

Revenge porn (sharing intimate images)	Yes. Knowingly and without consent electronically sending or posting a nude or sexually explicit photo or video of an adult (including a falsely created image) that harasses the person or causes financial loss and serves no legitimate purpose is a misdemeanor of a high and aggravated nature (up to 12 months and $5,000); a second or later violation is a felony with 1 to 5 years and up to a $100,000 fine. Posting it on a website or file-sharing site that advertises sexually explicit content is a felony with 1 to 5 years (2 to 5 years for a repeat) and up to $100,000. Exceptions include law enforcement, legitimate medical or educational use, images showing only the sender, commercial content, and voluntary public nudity. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-11-90
Cyberbullying	Repeatedly contacting someone by electronic communication to harass, molest, threaten or intimidate them or their family, or threatening bodily harm electronically, is harassing communications, a misdemeanor. Georgia's school bullying law expressly covers cyberbullying through electronic communication directed at students or school staff, even if sent off campus, but it sets school discipline (a student in grades 6 to 12 found to have bullied for the third time in a school year must be assigned to an alternative school) rather than criminal penalties. School law: https://codes.findlaw.com/ga/title-20-education/ga-code-sect-20-2-751-4/. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-11-39.1, 20-2-751.4
Sexting by minors	Georgia's child sexual exploitation law excludes a person who creates or possesses images showing only themselves. Certain offenses (including creating, distributing or possessing images of a minor) are reduced to a misdemeanor when the minor pictured was at least 14 and agreed to the image being made, the defendant was 18 or younger, and the image was either not shared or (with the court's and prosecutor's agreement) was not shared to harass, intimidate or embarrass the minor or for commercial purposes. Otherwise these offenses are felonies with 5 to 20 years in prison. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-12-100(d)(3), (f)
Underage drinking and fake IDs	People under 21 may not buy or try to buy alcohol, knowingly possess it, lie about their age, or use false identification to get it (exceptions: alcohol given by a parent or guardian in their home with them present, religious ceremonies, prescriptions, and certain jobs). A first violation is generally a misdemeanor (for possession, up to 6 months and $300), and using false identification is a misdemeanor of a high and aggravated nature; a second violation is generally a high and aggravated misdemeanor. First offenders may receive deferred probation leading to dismissal, and a person who seeks medical help in good faith for an alcohol overdose is protected from arrest and prosecution for these offenses. Penalties: https://codes.findlaw.com/ga/title-3-alcoholic-beverages/ga-code-sect-3-3-23-1/. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 3-3-23, 3-3-23.1
Animal cruelty	Cruelty to animals (causing physical pain, suffering or death by an unjustifiable act or omission, or a keeper failing to provide adequate food, water, sanitary conditions or ventilation) is a misdemeanor, and a misdemeanor of a high and aggravated nature for a second or later conviction. Aggravated cruelty to animals (maliciously killing, seriously disfiguring, torturing or poisoning an animal, or neglect causing death or serious disfigurement) is a felony with 1 to 5 years and a fine of up to $15,000; a second or later conviction carries 1 to 10 years and up to $100,000. The judge may order a psychological evaluation before sentencing. No animal-ownership ban appears in this section. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-12-4

Driving on a suspended license	Driving while your license is suspended, disqualified or revoked (or without a required license) is a misdemeanor with 2 days to 12 months in jail and a $500 to $1,000 fine for a first conviction in five years. A second or third conviction within five years is a misdemeanor of a high and aggravated nature with 10 days to 12 months and $1,000 to $2,500. A fourth or later conviction within five years is a felony with 1 to 5 years and $2,500 to $5,000. A conviction also brings an additional six-month suspension, and only one no-contest plea is allowed in five years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 40-5-121
Driving without a license	Driving without a valid Georgia license is punished under the same scale as driving while suspended: a misdemeanor with 2 days to 12 months and a $500 to $1,000 fine for a first conviction within five years, rising for repeat convictions to a felony on the fourth. A person whose Georgia license expired less than 31 days earlier is not guilty if they show the court a license that would have been valid. A licensed driver who fails to carry the license but shows the court a valid one faces a fine of no more than $10. Carrying: https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-5-29/; penalties: https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-5-121/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 40-5-20, 40-5-29, 40-5-121
Open container in a car	No one may drink alcohol or have an open alcoholic beverage container in the passenger area of a vehicle on a public road or shoulder. Only the person who possesses or drinks it is charged, but a driver alone in the vehicle is considered to possess any open container in the passenger area. A locked glove compartment and, in cars without a trunk, the area behind the last upright seat are not part of the passenger area; passengers in vehicles for hire and in motor home living quarters are exempt, and properly resealed restaurant wine is not an open container. The fine is up to $200. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 40-6-253
Jaywalking	A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent signal-controlled intersections, pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic-control devices allow it. The pedestrian section states no penalty of its own; violations of Georgia's rules of the road are misdemeanors unless the chapter provides otherwise. Default misdemeanor rule: https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-6-1/. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 40-6-92, 40-6-1(a)
Knife laws	Georgia's weapon-carry law defines a 'knife' as a cutting instrument with a blade longer than 12 inches; such knives may be carried by a 'lawful weapons carrier,' and anyone else carrying one commits a misdemeanor (a felony with 2 to 5 years for a second offense within five years). Knives with blades of 2 inches or more, switchblades, ballistic knives, daggers, bowie knives and straight razors are banned in school safety zones, at school functions and on school buses: it is a misdemeanor for a lawful weapons carrier and a felony (2 to 10 years and up to $10,000) for anyone else. Definition: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-125-1/; schools: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-127-1/. The definition of 'lawful weapons carrier' was not read. Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-11-125.1, 16-11-126(g), (h), 16-11-127.1
Fireworks	Georgia allows consumer fireworks (including Roman candles and aerial items meeting federal standards) for people 18 and older; 16- and 17-year-olds may handle them only as assistants to licensed sellers. Use is allowed from 10 a.m. to 11:59 p.m. on any day if it meets local general noise ordinances, and on New Year's Day, the last weekend of May, July 3 and 4, Labor Day and New Year's Eve, plus midnight to 1 a.m. on January 1. Fireworks may not be used indoors, on roads, within 100 yards of hospitals, nursing homes, jails, utility plants, fuel facilities or airports, in public parks without a permit, or while impaired. Sparklers, snakes, smoke devices and party poppers are not treated as consumer fireworks. Definitions: https://codes.findlaw.com/ga/title-25-fire-protection-and-safety/ga-code-sect-25-10-1/. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 25-10-1, 25-10-2

Kidnapping	Kidnapping (abducting or stealing away a person without legal authority and holding them against their will) is punished by 10 to 20 years in prison when the victim is 14 or older; by life, or a split sentence of at least 25 years followed by probation for life, when the victim is under 14; and by life imprisonment or death when the kidnapping was for ransom or the victim was injured. False imprisonment (arresting, confining or detaining someone without legal authority) is a felony punishable by 1 to 10 years, with additional sentencing rules when the victim is under 14 and not the defendant's child. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-5-40, 16-5-41
Criminal threats (terroristic threats)	Terroristic threats (threatening a crime of violence, release of a hazardous substance, or burning or damaging property, intending to terrorize someone or cause an evacuation or serious public inconvenience, or recklessly) are generally a misdemeanor, but a felony with 1 to 5 years and up to a $1,000 fine when the threat suggested the person would be killed; a conviction cannot rest only on the uncorroborated testimony of the person threatened. Terroristic acts (such as shooting at an occupied vehicle, or using a burning cross to terrorize) carry 1 to 10 years and up to $5,000, or 5 to 40 years and up to $250,000 if someone suffers serious physical injury. A threat or act made to retaliate against or intimidate a witness, judge, attorney or person who reported a crime carries 5 to 20 years and a fine of at least $50,000. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-11-37; § 17-10-3
Sexual assault and rape	Rape in Georgia is penetration of the female sex organ by the male sex organ by force and against the victim's will, or with a girl under 10; marriage is no defense. It is punishable by death, life without parole, life, or a split sentence of at least 25 years in prison followed by lifetime probation. Aggravated sexual battery (penetrating the sexual organ or anus with a foreign object without consent) carries life or a split sentence of at least 25 years followed by lifetime probation. Sexual battery (intentionally touching another person's intimate parts without consent) is a misdemeanor of a high and aggravated nature, and a felony with 1 to 5 years if the victim is under 16 or for a repeat conviction. Sex with a minor (statutory rape) is covered on the age-of-consent page. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor: up to 12 months and $1,000; misdemeanor of a high and aggravated nature: up to 12 months and $5,000 (O.C.G.A. §§ 17-10-3, 17-10-4, from the existing state record). Source: O.C.G.A. §§ 16-6-1, 16-6-22.1, 16-6-22.2
Child molestation (child sexual abuse)	Child molestation (an immoral or indecent act to, with or in the presence of a child under 16, or sending such images to the child electronically, intending sexual arousal) carries 5 to 20 years for a first offense and 10 to 30 years or life for a later offense. If the victim is 14 or 15 and the offender is 18 or younger and no more than four years older, it is a misdemeanor. Aggravated child molestation (molestation that physically injures the child or involves sodomy) carries life or a split sentence of at least 25 years in prison followed by lifetime probation. A person with a prior sexual felony conviction faces life or a split sentence with lifetime probation and electronic monitoring. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-6-4
Child pornography (child sexual abuse material)	Georgia calls this sexual exploitation of children. It is a felony to use or coerce a minor into sexually explicit conduct for photos, video or a performance, for a parent to allow it, to create, distribute or sell such material, to bring it into Georgia, or to knowingly possess or control it. The penalty is 5 to 20 years in prison and a fine of up to $100,000 (no fine if the offender is in the child's immediate family); a repeat sexual felon faces life or a split sentence with lifetime probation. Making, possessing or sharing an image is a misdemeanor if the minor was at least 14 and agreed to it, the defendant was 18 or younger, and it was not shared to harass or for profit. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor: up to 12 months and $1,000; misdemeanor of a high and aggravated nature: up to 12 months and $5,000 (O.C.G.A. §§ 17-10-3, 17-10-4, from the existing state record). Source: O.C.G.A. § 16-12-100(b), (f), (g)
Online solicitation of a minor	Using the internet, a computer or a wireless device to seduce, solicit, lure or entice a child (or a person believed to be a child, or a person with custody of a child) to commit a sex offense is computer or electronic pornography and child exploitation, a felony punishable by 1 to 20 years and a fine of up to $25,000. Obscene internet contact with a child (sexually explicit online messages to someone known or believed to be a child, to arouse sexual desire) is a felony with 1 to 10 years or a fine of up to $10,000. Both are misdemeanors if the victim was at least 14 and the defendant 18 or younger. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor: up to 12 months and $1,000; misdemeanor of a high and aggravated nature: up to 12 months and $5,000 (O.C.G.A. §§ 17-10-3, 17-10-4, from the existing state record). Source: O.C.G.A. § 16-12-100.2(d), (e)
Sex offender registration	Sexual offenders must register in person with the sheriff of their county within 72 hours after release from prison or placement on parole, supervised release or probation, or after entering Georgia, and must report in person every year within 72 hours before their birthday to be photographed and fingerprinted. Registration lasts for life (not counting time in custody), but a registrant may petition for release from registration and residency or employment restrictions under a separate statute. Failing to register or update, giving false information, or not responding to the annual verification is a felony with 1 to 30 years for a first conviction and 5 to 30 years for a second. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 42-1-12(f), (g), (n); 42-1-19

Car theft and joyriding	Stealing a car is generally prosecuted as theft by taking, graded by value: a misdemeanor up to $1,500, 1 to 5 years for more than $1,500 up to $5,000, 1 to 10 years for $5,000 up to $25,000, and 2 to 20 years above $24,999.99 (the judge may treat the lower felony tiers as misdemeanors). Hijacking a motor vehicle in the first degree (taking a vehicle by force, violence or intimidation while having a weapon) carries 10 to 20 years and a $10,000 to $100,000 fine, and life for a repeat offense; hijacking in the second degree (obtaining a vehicle from a person without consent) carries 1 to 10 years, rising to 3 to 15 years and then 5 to 20 years for repeat convictions. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor default (O.C.G.A. § 17-10-3): up to 12 months and $1,000. Source: O.C.G.A. §§ 16-8-12(a)(1), 16-5-44.1; § 17-10-3
Receiving stolen property	Theft by receiving stolen property (receiving, disposing of or keeping property one knows or should know was stolen, unless the purpose is to return it to the owner) is punished on Georgia's general theft scale: a misdemeanor (up to 12 months) up to $1,500, 1 to 5 years for more than $1,500 up to $5,000, 1 to 10 years for $5,000 up to $25,000, and 2 to 20 years for more than $24,999.99. A third theft conviction is a felony (1 to 5 years) regardless of value, though the judge may impose a misdemeanor sentence. The thief does not have to be convicted first. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor default (O.C.G.A. § 17-10-3): up to 12 months and $1,000. Source: O.C.G.A. §§ 16-8-7, 16-8-12(a)(1); § 17-10-3
Drug trafficking and intent to distribute	Selling, making, distributing or possessing with intent to distribute a Schedule I or Schedule II drug carries 5 to 30 years for a first offense and 10 to 40 years or life for a later offense; Schedule III, IV or V drugs carry 1 to 10 years. Trafficking is based on weight with mandatory minimum terms and fines: cocaine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million; heroin and other illegal opiates, 4 to 14 grams brings 5 years and $50,000, 14 to 28 grams 10 years and $100,000, and 28 grams or more 25 years and $500,000; methamphetamine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-13-30(b), (d), (h), 16-13-31
Prescription drug fraud	Getting or trying to get a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or theft, or 'doctor shopping' (not telling a practitioner that you obtained a controlled substance of similar use from another practitioner in the same period), is a felony punishable by up to 8 years in prison, a fine of up to $50,000, or both. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-13-43(a)(3), (a)(6), (b)

Insurance fraud	Insurance fraud (knowingly or willfully making, or helping make, a false or fraudulent statement of a material fact to an insurer, converting premium money, issuing counterfeit policies, or falsely claiming death or disability) is a felony punishable by 2 to 10 years in prison, a fine of up to $10,000, or both, regardless of the amount involved. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 33-1-9
Welfare and unemployment fraud	Obtaining or trying to obtain public assistance, food stamps or Medicaid by a false statement, failure to disclose information or impersonation is a misdemeanor, and a felony punishable by 1 to 5 years when the value exceeds $1,500; amounts obtained during one uninterrupted period are treated as one offense. The person must repay any overpayment, and a prosecutor may offer a consent agreement in which the person accepts disqualification instead of prosecution. Unemployment fraud (knowingly lying or hiding a material fact to get or increase benefits) is a misdemeanor, and a felony (1 to 5 years and a fine of at least $1,000) when it involves more than $4,000 or claims in more than one benefit year. Unemployment: https://codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-8-256/ . Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor default (O.C.G.A. § 17-10-3): up to 12 months and $1,000. Source: O.C.G.A. §§ 49-4-15, 34-8-256; § 17-10-3
Bribery	Bribery (giving or offering a benefit the recipient is not entitled to, to anyone acting for the state or a local government, in order to influence their official acts, or an official asking for or accepting such a benefit) is punishable by 1 to 20 years in prison, a fine of up to $5,000, or both. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-10-2
State tax evasion	Willfully evading or defeating, or attempting to evade, more than $3,000 of state income tax, penalty or interest (including by failing to file a return) is a felony punishable by 1 to 5 years in prison and a fine of up to $100,000 for an individual ($500,000 for a corporation), or both. This is in addition to civil penalties. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 48-7-5
Computer hacking and cybercrime	Georgia's Computer Systems Protection Act makes it a crime to knowingly use a computer or network without authority to take or obtain property (computer theft), to delete or remove programs or data (computer trespass), to examine someone's personal, medical or financial data (computer invasion of privacy), or to alter data in a way that would be forgery on paper (computer forgery). Each is punishable by up to 15 years in prison, a fine of up to $50,000, or both. Knowingly disclosing a password or access code without authority causing more than $500 in damage carries up to 1 year and a $5,000 fine. No ransomware-specific provision appears in this section. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-9-93(a)-(e), (h)

Felon in possession of a firearm	A person with a felony conviction from Georgia, another state, a federal court or a foreign country, or anyone on probation for a felony (including as a first offender), may not receive, possess or transport a firearm. It is a felony with 1 to 10 years for a first conviction and at least 5 years for a later one; if the prior felony was a forcible felony, the sentence is 5 years. The ban does not apply to a person pardoned for the felony when the pardon expressly restores the right to have a firearm. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 16-11-131(b), (c)
Recording conversations (one-party consent)	Georgia is a one-party consent state. It is a crime to secretly overhear, record or intercept another person's private conversation or communication, but a person who is a party to the conversation, or who has the prior consent of one party, may record it. Recording or photographing someone's activities in a private place out of public view requires the consent of everyone observed. A violation is a felony punishable by 1 to 5 years, a fine of up to $10,000, or both. Parents may monitor a minor child's communications in the family home for the child's welfare. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 16-11-62, 16-11-66, 16-11-69
Filing a false police report	Willfully and knowingly giving, or causing someone to give, a false report of a crime to any Georgia law enforcement officer or agency is a misdemeanor, punishable by up to 12 months in jail and a $1,000 fine. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor: up to 12 months and $1,000; misdemeanor of a high and aggravated nature: up to 12 months and $5,000 (O.C.G.A. §§ 17-10-3, 17-10-4, from the existing state record). Source: O.C.G.A. § 16-10-26; § 17-10-3
Hate crimes	Georgia has a hate crime sentencing enhancement. If the judge or jury finds beyond a reasonable doubt that the defendant intentionally chose the victim or property because of actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability or physical disability, the sentence is increased: for designated misdemeanors, 6 to 12 months in jail and a fine of up to $5,000; for felonies, at least 2 years and a fine of up to $5,000. The prosecutor must give advance notice, and the judge must state the amount of the increase. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 17-10-17, 17-10-18
Parole violation	Georgia still has parole, decided by the State Board of Pardons and Paroles. A parolee arrested on a board warrant generally gets an informal preliminary hearing near where the violation happened to decide probable cause (not required if the person absconded, waived it or was convicted of a new crime), followed by a final hearing before the board. The board may revoke parole and return the person to serve the sentence (with time on parole counted toward it), reinstate parole, or make another order, and must give written reasons. It must revoke the entire unexpired term if the parolee is imprisoned for a new felony or an injury-causing misdemeanor, and may revoke without a hearing after a new conviction. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 42-9-50, 42-9-51
Violating a restraining order	Knowingly violating a family violence order in a nonviolent way (by not leaving a home, not staying away from a home, job or school, coming within a set distance, or making contact) is a misdemeanor (up to 12 months). Violating a protective order, restraining order, bond or release condition by following, watching or contacting the protected person to harass and intimidate them is aggravated stalking, a felony punishable by 1 to 10 years and a fine of up to $10,000. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor: up to 12 months and $1,000; misdemeanor of a high and aggravated nature: up to 12 months and $5,000 (O.C.G.A. §§ 17-10-3, 17-10-4, from the existing state record). Source: O.C.G.A. §§ 16-5-95, 16-5-91
Juveniles tried as adults	Superior (adult) court has exclusive original jurisdiction over children 13 to 17 charged with murder, second-degree murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, armed robbery with a firearm, and certain firearm assaults on public safety officers. Before indictment the district attorney may decline and send the case to juvenile court, and after indictment the superior court may transfer some of these cases (and cases ending in a lesser offense) to juvenile court. A juvenile court may also transfer a child 15 or older charged with a felony, or 13 or 14 for an offense punishable by life or death or aggravated battery causing serious injury, after a hearing finding probable cause and that the offense's seriousness or the child's record requires adult proceedings. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. §§ 15-11-560, 15-11-561

Death penalty	Georgia has the death penalty. Except for treason and aircraft hijacking, a death sentence requires the jury to find at least one statutory aggravating circumstance beyond a reasonable doubt (for example murder of a peace officer, corrections employee or firefighter on duty, murder for money, murder during another capital felony, or murder that was outrageously vile and involved torture) and to recommend death; if the jury cannot reach a unanimous sentencing verdict, the judge must choose life imprisonment or life without parole. Death sentences are carried out by lethal injection. Aggravating circumstances: https://codes.findlaw.com/ga/title-17-criminal-procedure/ga-code-sect-17-10-30/ ; method: https://codes.findlaw.com/ga/title-17-criminal-procedure/ga-code-sect-17-10-38/ . Check against the official code. Source: O.C.G.A. §§ 17-10-30, 17-10-31, 17-10-38(a)
Three strikes and habitual offender laws	Georgia's recidivist law has several tiers. A person previously convicted and sentenced to confinement for a felony who commits another felony must receive the longest sentence for the new offense, though the judge may probate or suspend it unless another law says otherwise. A second conviction for a 'serious violent felony' (as defined in § 17-10-6.1(a)) requires life without parole if death is not imposed. After three prior felony convictions, a fourth felony brings the maximum sentence the judge imposes, with no parole until the maximum is served (certain drug possession convictions are excluded from these rules). § 17-10-6.1(a), which lists the serious violent felonies, was not read. Check against the official code. Source: O.C.G.A. § 17-10-7(a)-(c), (b.1)
Voting with a felony conviction	A person convicted of a felony involving moral turpitude may not register, remain registered or vote except upon completion of the sentence. The State Board of Pardons and Paroles states that the right to vote is restored automatically on completion of the sentence, with no application, but the person must re-register with the county registrar. Board statement: https://pap.georgia.gov/parole-population-georgia/pardons-restoration-rights . The constitutional cite is given for context and was not read. Check against the official code. Source: O.C.G.A. § 21-2-216(b); Ga. Const. art. II, § 1, ¶ III
Restoring rights after a felony	Voting returns automatically when the sentence is complete. Other civil and political rights lost on a Georgia conviction (running for and holding public office, serving on a jury, serving as a notary) are restored only by the State Board of Pardons and Paroles through a Restoration of Civil and Political Rights, available two years after all sentences are completed and the person has lived a law-abiding life, or through a pardon (five years after completing all sentences; ten years for registrable sex offenses). Firearm rights are a separate grant: a restoration of rights does not automatically restore the right to possess a firearm, and firearm restoration requires a personal interview. Firearm statute (existing record): https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-131/ . Check against the official code. Source: State Board of Pardons and Paroles, Pardons & Restoration of Rights; O.C.G.A. § 16-11-131(c)

Delta-8 and hemp THC products	Georgia regulates hemp-derived products such as gummies, vapes, oil tinctures and beverages as 'consumable hemp products.' Under Senate Bill 494 (main provisions effective October 1, 2024), the Department of Agriculture licenses growers, processors, manufacturers, wholesalers and retail consumable hemp establishments (including online sellers to Georgians), products must be tested by a Department-registered laboratory and meet packaging, advertising and labeling rules, and selling or furnishing consumable hemp products to anyone under 21 is prohibited. In the drug schedules, tetrahydrocannabinols are Schedule I except when found in hemp or hemp products as defined in § 2-23-3. Georgia Department of Agriculture FAQ on the hemp program. Check against the official code.) Source: SB 494 (2024); O.C.G.A. §§ 2-23-3, 16-13-25(3)(P)
Magic mushrooms (psilocybin)	Psilocybin and psilocin are Schedule I controlled substances in Georgia, and possession is a felony: less than 1 gram (or 1 milliliter) carries 1 to 3 years, 1 to under 4 grams carries 1 to 8 years, and 4 to under 28 grams carries 1 to 15 years. Georgia law has no legal psilocybin program in the sections read. Schedule: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-13-25/ . Check against the official code. Source: O.C.G.A. §§ 16-13-25(3)(N)-(O), 16-13-30(a), (c)
CBD	Hemp CBD products are legal in Georgia as 'consumable hemp products' (products intended to be ingested, absorbed or inhaled), and hemp and hemp products as defined in § 2-23-3 are excluded from the Schedule I listing for tetrahydrocannabinols. Since Senate Bill 494 (main provisions effective October 1, 2024), they must be sold by Department of Agriculture-licensed retailers, tested by a registered laboratory, and meet packaging, advertising and labeling requirements, and they may not be sold to anyone under 21. Check against the official code.) Source: SB 494 (2024); O.C.G.A. §§ 2-23-3, 16-13-25(3)(P)
Smoking and vaping age	The minimum age to buy cigarettes, tobacco products, alternative nicotine products and vapor products in Georgia is 21. Knowingly selling them to someone under 21 is a misdemeanor; sellers must ask for ID when a reasonable person could doubt the buyer's age, and proper ID showing the buyer is 21 is a defense. A person under 21 who buys, tries to buy, possesses for personal use, or lies about age to get these products may be ordered to do up to 20 hours of community service, attend a free health-hazards lecture, or both; failing to complete community service or a third violation in a calendar year can bring a 45-day driver's license suspension. Check against the official code. Source: O.C.G.A. § 16-12-171

Elder abuse	Knowingly and willfully exploiting, abusing (inflicting physical pain, injury, sexual abuse, mental anguish or unreasonable confinement) or neglecting (depriving of essential services) an elder person (65 or older), a disabled adult (18 or older and mentally or physically incapacitated, or with Alzheimer's or dementia), or a long-term care resident is a felony punishable by 1 to 20 years, a fine up to $50,000, or both. Intimidating such a person who is the subject of a report, or obstructing an investigation, is a misdemeanor of a high and aggravated nature. Aggravated assault on a person 65 or older carries 3 to 20 years, and simple battery on a person 65 or older is a misdemeanor of a high and aggravated nature. Definitions: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-100/ . Check against the official code. Source: O.C.G.A. §§ 16-5-100(3)-(4), 16-5-102, 16-5-21(d), 16-5-23(c)
Voyeurism (peeping tom)	Georgia's invasion-of-privacy law makes it a crime to use a device to secretly observe, photograph or record someone's activities in a private place and out of public view without the consent of everyone observed, to trespass to secretly watch others, or to sell or distribute such recordings. These offenses are felonies punishable by 1 to 5 years, a fine up to $10,000, or both. Separately, being a 'peeping Tom' (peeping through windows or doors on another's premises to spy) is unlawful. Penalty: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-69/ ; the FindLaw page for § 16-11-61 did not show its penalty. Check against the official code. Source: O.C.G.A. §§ 16-11-62(2), (3), (6), 16-11-69, 16-11-61
Assaulting a police officer	Simple battery on a police, correction or detention officer doing official duties is a misdemeanor of a high and aggravated nature, compared with an ordinary misdemeanor for simple battery on anyone else. Aggravated assault on a public safety officer on duty carries 10 to 20 years (10-year mandatory minimum) if a firearm is discharged, 5 to 20 years with a 3-year mandatory minimum for other weapons, and 5 to 20 years when only the body is used, plus a fine of at least $2,000; general aggravated assault carries 1 to 20 years. Simple battery: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-23/ . Check against the official code. Source: O.C.G.A. §§ 16-5-23(b), (e), 16-5-21(b), (c)