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O.C.G.A. § 16-11-3 — Inciting to insurrection | Georgia Code
O.C.G.A. § 16-11-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 1 TREASON AND OTHER SUBVERSIVE ACTIVITIES

16-11-3. Inciting to insurrection.

  1. A person commits the offense of inciting to insurrection when he incites others to overthrow or attempt to overthrow the representative and constitutional form of government of the state or any political subdivision thereof and he or they commit any violent act in furtherance thereof.
  2. A person convicted of the offense of inciting to insurrection shall be punished by imprisonment for not less than one nor more than ten years. Inciting to insurrection shall be bailable only in the discretion of a judge of the superior court.

(Ga. L. 1866, p. 152, §§ 2, 4; Code 1868, §§ 4250, 4251; Ga. L. 1871-72, p. 19, § 1; Code 1873, §§ 4316, 4317; Code 1882, §§ 4316, 4317; Penal Code 1895, §§ 56, 57; Penal Code 1910, §§ 56, 57; Code 1933, §§ 26-902, 26-903; Code 1933, § 26-2203, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 10; Ga. L. 1981, p. 868, § 2.)

Cross references.

- Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.