O.C.G.A.
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.
(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the fine specified in subsection (b) of this Code section, or both.
(b) In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in conduct in violation of Code Section 16-14-4 may be sentenced to pay a fine that does not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation.
(c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this Code section.
(d) For the purposes of subsection (b) of this Code section, the term “pecuniary value” means:
(1) Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else, the primary significance of which is economic advantage; or
(2) Any other property or service that has a value in excess of $100.00.
History
Code 1933, § 26-3404, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 1985, p. 149, § 16; Ga. L. 2015, p. 693, § 2-25/HB 233.
Annotations
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 Georgia St. U.L. Rev. 1 (2015).
JUDICIAL DECISIONS When both alleged conspiracy and actual violation of O.C.G.A. § 16-14-4(b) charged the same acts, committed at the same time, by the same persons, as part of the same transactions,
the count subjected the defendant to one conviction and one punishment. Washington v. State, 183 Ga. App. 422, 359 S.E.2d 198, 1987 Ga. App. LEXIS 2011 (1987).
RESEARCH REFERENCES ALR. Construction and Application of Federal Racketeer and Corrupt Organization Act’s
(RICO) Remedial Provision, 18 U.S.C.A. § 1964(a), 23 A.L.R. Fed. 3d 6.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1987–2025 · leading case:
Tamara Cotman v. State, 804 S.E.2d 672 (Ga. Ct. App. 2017).
Tamara Cotman v. State, 804 S.E.2d 672 (Ga. Ct. App. 2017).
· cites it 10× “And OCGA § 16-14-5 (a), the sentencing section of the RICO Act, provides that “[a]ny person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years’…”
Williams Gen. Corp. v. Stone, 614 S.E.2d 758 (Ga. 2005).
· cites it 2× “The Georgia RICO Act was enacted by the Georgia legislature to impose criminal penalties against those engaged in an “interrelated pattern of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury,” OCGA § 16-14-2 (b),…”
Russell Corp. v. Bancboston Fin. Co., 434 S.E.2d 716 (Ga. Ct. App. 1993).
· cites it 2× “See OCGA § 16-14-5 (a). 6. Since no elements of damage alleged in appellants’ counterclaims are recoverable, the trial court correctly granted summary judgment as to their claims for attorney fees and the expenses of litigation under OCGA § 13-6-11.”
Redford v. State, 710 S.E.2d 197 (Ga. Ct. App. 2011).
· cites it 2× “4 OCGA § 16-14-5 (a). 5 OCGA § 16-9-1 (b). 6 For example, where there is evidence that a defendant, who is accused of burglary, entered the dwelling house of another without authority, and where there is evidence that the defendant did so for some unlawful purpose but not with…”
Five Star Athlete Mgmt., Inc. v. Luther Davis (Ga. Ct. App. 2020).
· cites it 2× “The Georgia RICO Act was enacted by the Georgia legislature to impose criminal penalties against those engaged in an “interrelated pattern of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury,” OCGA § 16- 14-2 (b),…”
Washington v. State, 359 S.E.2d 198 (Ga. Ct. App. 1987).
· cites it 2× “OCGA § 16-14-5 provides, in pertinent part: “(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 [prohibited acts] is guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the fine…”
Washington v. State, 359 S.E.2d 198 (Ga. Ct. App. 1987).
· cites it 2× “OCGA § 16-14-5 provides, in pertinent part: “(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 [prohibited acts] is guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the fine…”
Washington v. State, 359 S.E.2d 198 (Ga. Ct. App. 1987).
· cites it 2× “OCGA § 16-14-5 provides, in pertinent part: "(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 [prohibited acts] is guilty of a felony and shall be punished by not less than five nor more than 20 years' imprisonment or the fine…”
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