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2018 Georgia Code 16-14-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-14-5 Case Law from Google Scholar Amendments to OCGA 16-14-5

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

16-14-5. Criminal penalties for violation of Code Section 16-14-4.

  1. 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.
  2. 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.
  3. The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this Code section.
  4. 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.

(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.)

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

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).

Cited in Russell Corp. v. BancBoston Fin. Co., 209 Ga. App. 660, 434 S.E.2d 716 (1993); McGee v. State, 255 Ga. App. 708, 566 S.E.2d 431 (2002); Williams Gen. Corp. v. Stone, 279 Ga. 428, 614 S.E.2d 758 (2005); Hill v. State, 315 Ga. App. 833, 729 S.E.2d 1 (2012).

Cases Citing Georgia Code 16-14-5 From Courtlistener.com

Total Results: 1

Williams General Corp. v. Stone

Court: Supreme Court of Georgia | Date Filed: 2005-06-16

Citation: 614 S.E.2d 758, 279 Ga. 428, 2005 Fulton County D. Rep. 1850, 2005 Ga. LEXIS 445

Snippet: threat or injury," OCGA § 16-14-2(b), see OCGA § 16-14-5, and civil remedies to compensate those injured