O.C.G.A.

O.C.G.A. § 16-11-224 (2019)

Construction; constitutional protections

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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This article shall not be construed to infringe upon constitutionally protected speech or assembly.

History

(Code 1981, § 16-11-224, enacted by Ga. L. 2017, p. 536, § 2-2/HB 452.)

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CHAPTER 12 OFFENSES AGAINST PUBLIC HEALTH AND MORALS

Article 1

General Provisions.

16-12-1. Contributing to the delinquency or dependency of a minor.

16-12-1.1. Child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations.

16-12-2. Smoking in public places.

16-12-3. Suspension of gas or electrical service for not making payments on appliances purchased from or repaired by utility company.

16-12-4. Cruelty to animals.

16-12-5. Tattooing.

Article 2

Gambling and Related Offenses.

Part 1

GAMBLING.

16-12-20. Definitions.

16-12-21. Gambling.

16-12-22. Commercial gambling.

16-12-22.1. Raffles operated by nonprofit, tax-exempt organizations.

16-12-23. Keeping a gambling place.

16-12-24. Possession, manufacture, or transfer of gambling device or parts; possession of antique slot machines.

16-12-25. Solicitation of another to gamble with intent to defraud or deceive.

16-12-26. Advertising commercial gambling.

16-12-27. Advertisement or solicitation for participation in lotteries.

16-12-28. Communicating gambling information.

16-12-29. Competent witnesses.

16-12-30. Seizure and destruction of gambling devices [Repealed].

16-12-31. Seizure and disposition of funds or other things of value used for gambling [Repealed].

16-12-32. Civil forfeiture.

16-12-33. Bribery of a contestant.

16-12-34. Soliciting or accepting a bribe to influence outcome of athletic contests, sporting events, or exhibitions.

16-12-35. Applicability of part; penalty for violation.

16-12-36. Lawful promotional and giveaway contests.

16-12-37. Dogfighting.

16-12-38. Pyramid promotional schemes; exceptions; penalties.

Part 2

BINGO.

16-12-50. Legislative intent.

16-12-51. Definitions.

16-12-52. License required to operate bingo game; recreational bingo exception.

16-12-53. Licensing procedure; fee; renewal.

16-12-54. Revocation of licenses; access to premises by law enforcement agencies.

16-12-55. Certification of tax-exempt status of organization; issuance of certificate of licensure.

16-12-56. Issuance of annual one-day license to nonprofit, tax-exempt school; application.

16-12-57. Restrictions as to ownership of premises utilized.

16-12-58. Age restrictions.

16-12-59. Annual report to be filed with the director.

16-12-60. Rules and regulations.

16-12-61. Promulgation of necessary rules and regulations by director authorized.

16-12-62. Penalties.

Article 3

Obscenity and Related Offenses.

Part 1

GENERAL PROVISIONS.

16-12-80. Distributing obscene material; obscene material defined; penalty.

16-12-81. Distribution of material depicting nudity or sexual conduct; penalty.

16-12-82. Public nuisances.

16-12-83. Contraband.

16-12-84. Public indecency in plays, nightclub acts, and motion pictures [Repealed].

16-12-85. Display of restricted film previews to general audiences.

Part 2

OFFENSES RELATED TO MINORS GENERALLY.

16-12-100. Sexual exploitation of children; reporting violation; civil forfeiture; penalties.

16-12-100.1. Electronically furnishing obscene material to minors.

16-12-100.2. Computer or electronic pornography and child exploitation prevention.

16-12-100.3. Obscene telephone contact; conviction; penalties.

Part 3

SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS.

16-12-101. Legislative purpose.

16-12-102. Definitions.

16-12-103. Selling, loaning, distributing, or exhibiting; duties of video game retailers.

16-12-104. Library exception.

16-12-105. Penalty.

16-12-106 through 16-12-108 [Repealed].

16-12-110 through 16-12-113 [Repealed].

Article 4

Offenses Against Public Transportation.

Part 1

GENERAL PROVISIONS.

16-12-120. Certain acts in public transit buses, rapid rail cars, or stations; penalty.

16-12-120.1. Altered fare coins, tokens, stored value cards, transfers, transaction cards, and tickets; sale or exchange of tokens, stored value card transfers, transaction cards, or tickets without consent.

Part 2

TRANSPORTATION PASSENGER SAFETY.

16-12-121. Short title.

16-12-122. Definitions.

16-12-123. Bus or rail vehicle hijacking; boarding with concealed weapon; company use of reasonable security measures.

16-12-124. Removal of baggage, freight, or other items transported by bus or stored in a terminal.

16-12-125. Avoiding or interfering with securing measures; penalty; exemption.

16-12-126. Intentionally interfering with safety or traffic control devices; penalty; exemption.

16-12-127. Prohibition on firearms, hazardous substances, knives, or other devices; penalty; affirmative defenses.

16-12-128. Effect of part on other provisions of law; civil or criminal proceedings; restitution.

16-12-129. Defense of self or others an absolute defense to violation under this part.

Article 5

Abortion.

16-12-140. Criminal abortion.

16-12-141. (For effective date, see note.) Restrictions on the performance of abortions; availability of records; civil cause of action; affirmative defenses.

16-12-141.1. Disposal of aborted fetuses; reporting requirements; penalties; public report; confidentiality of identity of physicians filing reports.

16-12-142. Objections by medical facilities, physicians, or pharmacists to providing abortion-related services.

16-12-143. Failure to file or maintain required written reports.

16-12-144. Partial-birth abortions.

Article 6

Human Body Traffic.

16-12-160. Buying or selling or offering to buy or sell the human body or parts.

16-12-161. Removal of body parts from scene of death or dismemberment; criminal penalty.

Article 7

Sale or Distribution to, or Possession by, Minors of Cigarettes and Tobacco Related Objects.

16-12-170. Definitions.

16-12-171. Prohibited acts.

16-12-172. Posting signs in place of business.

16-12-173. Sales from vending machines.

16-12-174. Distribution of tobacco product samples.

16-12-175. Enforcement actions; collection and report of fines; inspections by law enforcement agencies; annual report.

16-12-176. Administration and enforcement.

Article 8

Regulation of Low THC Oil.

16-12-190. Definition.

16-12-191. Possession, manufacture, distribution, or sale of low THC oil; penalties.

Article 9

Access to Medical Cannabis.

Part 1

GENERAL PROVISIONS.

16-12-200. Definitions.

16-12-201. Prohibition against producing, growing, manufacturing, or dispensing low THC oil or products.

16-12-202. Creation of Georgia Access to Medical Cannabis Commission; terms; designation; meetings; vacancy; compensation.

16-12-203. Powers, duties and responsibilities.

16-12-204. Issuance of nontransferable designated university licenses for production of low THC oil; research on therapeutic use; reporting; collected information; license revocation.

16-12-205. Role of Georgia universities; testing of specifications.

16-12-206. Annual, nontransferable dispensing license; adoption of rules.

16-12-207. Establishment of Medical Cannabis Commission Oversight Committee; membership; inspections.

Part 2

ROLE OF COMMISSION.

16-12-210. Powers, duties, and responsibilities of Commission; no undue burden on patients; remission of fees.

16-12-211. Class 1 production licenses; application fee; revocation; limitation on ownership; replacement license.

16-12-212. Class 2 production licenses; application fees; revocation; limitation on ownership; replacement license.

16-12-213. Tracking systems required.

16-12-214. Study on minority and women participation; addressing discrimination.

16-12-215. Limitation on locations; advertising or marketing prohibited; information available to physicians.

16-12-216. Bureau of Investigation ensures compliance.

16-12-217. On-demand access to facilities; provision of samples; testing; secured transportation.

16-12-218. No eligibility for tax credit.

16-12-219. Convicted felons prohibited from employment; exception.

16-12-220. Confidential nature of data; exclusion; patient privacy.

16-12-221. Contracts awarded through bids or proposals; minimum contract terms and renewals; subcontracting; giving or receiving things of value limited.

16-12-222. Transfer of ownership; appeals; meaning of license; transfer fees.

16-12-223. Revocation of license; appeal.

16-12-224. Limitation on ownership by member or former member of commission; limitation on physician's involvement; identification when contributing to political campaigns.

16-12-225. Criminal offenses; penalty.

16-12-226. Sales and use taxes applicable.

Part 3

DISPENSING AND DISTRIBUTION.

16-12-230. Requirements for dispensing low THC oil.

16-12-231. Exemptions from arrest, prosecutions or penalty.

16-12-232. Reimbursement to state employees for counsel fees.

16-12-233. Contracts not against public policy.

16-12-234. Unlawful ways to ingest low THC oil.

16-12-235. Research in compliance with federal regulations; other research permitted.

16-12-236. Regulation by Department of Agriculture.

Annotations

Law reviews. - For note, "'Rabbit' Hunting in the Supreme Court: The Constitutionality of State Prohibitions of Sex Toy Sales Following Lawrence v. Texas," see 44 Ga. L. Rev. 245 (2009).

For comment, "The Pursuit of Happiness (and Sexual Freedom): Lawrence v. Texas, Morality Legislation & the Sandy Springs Obscenity Statute," see 66 Mercer L. Rev. 1087 (2015).

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ARTICLE 1 GENERAL PROVISIONS

Cross references. - Restriction on operation of bathhouses, § 31-12-11.

Penalty for maintenance of nuisance tending to injure health of citizens or corrupt public morals, § 41-1-6.

Occupying rooms in roadhouses or similar establishments for immoral purposes, false registration in such establishments, § 43-21-61.

Law reviews. - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001). For article, "New Challenges for the Georgia General Assembly: Survey of Child Endangerment Statutes," see 7 Ga. St. B.J. 8 (2001). For article on the 2014 amendment of this article, see 31 Ga. St. U.L. Rev. 47 (2014).