O.C.G.A.

O.C.G.A. § 16-12-28 (2019)

Communicating gambling information

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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(a) A person who knowingly communicates information as to bets, betting odds, or changes in betting odds or who knowingly installs or maintains equipment for the transmission or receipt of such information with the intent to further gambling commits the offense of communicating gambling information.

(b) A person who commits the offense of communicating gambling information, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both.

History

Code 1933, § 26-2706, enacted by Ga. L. 1968, p. 1249, § 1.

Annotations

Cross references. Constitutional guarantee of free speech and press, U.S. Const., amend. 1, Ga. Const. 1983, Art. I, Sec. I, Para. V. Law reviews. For note discussing organized crime in

Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B.J. 124 (1970). For article, “A Comprehensive Analysis of Georgia RICO,” see 9 Georgia St. U.L. Rev. 537 (1993).

RESEARCH REFERENCES Am. Jur. 2d. 38 Am. Jur. 2d, Gambling, § 101 et seq. C.J.S. 38 C.J.S., Gaming, § 182. ALR. Paraphernalia or appliances used for recording gambling transactions or receiving or furnishing gambling information as gaming “devices” within criminal statute or ordinance, 1 A.L.R.3d 726.

Right or duty to refuse telephone, telegraph, or other wire service in aid of illegal gambling operations, 30 A.L.R.3d 1143. Validity, construction, and application of statute or ordinance prohibiting or regulating use of messenger services to place wagers in pari-mutuel pool, 78 A.L.R.4th 483.

Notes of Decisions

Cited in 2 cases, 1984–1986 · leading case: Evans v. State, 314 S.E.2d 421 (Ga. 1984).

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Evans v. State, 314 S.E.2d 421 (Ga. 1984). · cites it 4× “The record shows that the court instructed the jury on the indicted RICO offense, as well as the predicate offenses of commercial gambling, OCGA § 16-12-22 (Code Ann.”

Ayers v. State, 351 S.E.2d 692 (Ga. Ct. App. 1986). · cites it 2× “The three defendants were convicted of commercial gambling, OCGA § 16-12-22, communicating gambling information, OCGA § 16-12-28, and keeping a gambling place, OCGA § 16-12-23.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.