TITLE 16 CRIMES AND OFFENSES

Section 10. Offenses Against Public Administration, 16-10-1 through 16-10-98.

ARTICLE 2 OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES

16-10-28. Transmitting a false public alarm; restitution.

1. As used in this Code section, the term:
   1. "Critical infrastructure" means any building, place of assembly, or facility that is located in this state and necessary for national or public security, education, or public safety.
   2. "Destructive device" means a destructive device as such term is defined by Code Section 16-7-80.
   3. "Hazardous substance" means a hazardous substance as such term is defined by Code Section 12-8-92.
2. A person commits the offense of transmitting a false public alarm when he or she knowingly and intentionally transmits in any manner a report or warning knowing at the time of the transmission that there is no reasonable ground for believing such report or warning and when the report or warning relates to:
   1. A destructive device or hazardous substance is located in such a place that its explosion, detonation, or release would endanger human life or cause injury or damage to property; or
   2. An individual who has caused or threatened to cause physical harm to himself or herself or another individual by using a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to result in serious bodily injury.
3. 1. Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (b) of this Code section shall be punished as for a misdemeanor of a high and aggravated nature and upon conviction for a second or subsequent violation of subsection (b) of this Code section shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years, by a fine of not less than $5,000.00, or both.
   2. If the location of the violation of paragraph (1) of subsection (b) of this Code section is critical infrastructure, such person shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than five nor more than ten years, a fine of not more than $100,000.00, or both.
4. In addition to any other penalty imposed by law for a violation of this Code section, the court may require the defendant to make restitution to any affected public or private entity for the reasonable costs or damages associated with the offense including, without limitation, the actual value of any goods, services, or income lost as a result of such violation. Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this subsection is supplemental and not exclusive.

(Code 1933, § 26-2609, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1996, p. 416, § 5; Ga. L. 2002, p. 1094, § 3; Ga. L. 2016, p. 608, § 2/SB 270.)

The 2016 amendment, effective May 3, 2016, in subsection (a), added paragraph (a)(1), redesignated former paragraphs (a)(1) and (a)(2) as present paragraphs (a)(2) and (a)(3), respectively; substituted the present provisions of subsection (b) for the former provisions, which read: "A person who transmits in any manner a false alarm to the effect that a destructive device or hazardous substance of any nature is concealed in such place that its explosion, detonation, or release would endanger human life or cause injury or damage to property, knowing at the time that there is no reasonable ground for believing that such a destructive device or hazardous substance is concealed in such place, commits the offense of transmitting a false public alarm and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00, or both."; added subsection (c); and redesignated former subsection (c) as present subsection (d).