Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 16-14-11 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 14. Racketeer Influenced and Corrupt Organizations, 16-14-1 through 16-14-15.

ARTICLE 5 SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA

16-14-11. Venue.

In any criminal proceeding, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained.

(Code 1933, § 26-3410, enacted by Ga. L. 1982, p. 1385, § 6; Code 1981, §16-14-11, enacted by Ga. L. 1982, p. 1385, § 12; Ga. L. 2015, p. 693, § 2-25/HB 233.)

Editor's notes.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

Venue adequately shown.

- Defendants' RICO convictions under O.C.G.A. § 16-14-4 were upheld on appeal as sufficient evidence was presented that at least one predicate act of the conspiracy took place in Newton County, Georgia; moreover, any error in instructing the jury that the jury could find venue in any county where interest or control of an enterprise or property was acquired or maintained lacked merit. Graham v. State, 282 Ga. App. 576, 639 S.E.2d 384 (2006).

Venue for charges under the Georgia Racketeer and Corrupt Organizations Act (RICO), O.C.G.A. § 16-14-1 et seq., was proper against one of the three defendants in Cobb County pursuant to O.C.G.A. § 16-14-11, even though the defendant was acquitted of a conspiracy charge and the defendant personally committed no acts in Cobb County. Lowery v. State, Ga. App. , 815 S.E.2d 625 (2018).

Cited in Chancey v. State, 256 Ga. 415, 349 S.E.2d 717 (1986); Davitte v. State, 238 Ga. App. 720, 520 S.E.2d 239 (1999); Brannon v. State, 243 Ga. App. 28, 530 S.E.2d 761 (2000).

Cases Citing Georgia Code 16-14-11 From Courtlistener.com

Total Results: 1

Chancey v. State

Court: Supreme Court of Georgia | Date Filed: 1986-11-13

Citation: 349 S.E.2d 717, 256 Ga. 415, 1986 Ga. LEXIS 920

Snippet: personal property is acquired or maintained." OCGA § 16-14-11. The remaining provisions of the state and federal