O.C.G.A.

O.C.G.A. § 16-7-63 (2019)

Burning of woodlands, brush, fields, or other lands; arson of lands; destruction of or damage to material or device used in detection or suppression of wildfires; penalties for violations

✓ 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) It shall be unlawful: (1) To, with intent to damage, start, cause, or procure another to start or cause a fire in any woodlands, brush, field, or other lands that are not one’s own and without the permission of the owner or the lessee having control of such property; (2) To burn any brush, field, forest land, campfire, or debris, whether on one’s own land or the lands of another, without taking the necessary precautions before, during, and after the fire to prevent the

escape of such fire onto the lands of another. The escape of such fire shall be prima-facie evidence that necessary precautions were not taken; (3) For any person to cause a fire by discarding any lighted cigarette, cigar, debris, or any other flaming or smoldering material that may cause a forest fire; or (4) To destroy or damage any material or device used in the detection or suppression of wildfires. (b) This Code section shall not apply to fire resulting from the operation of transportation machinery or equipment used in its normal or accustomed manner. (c)(1) Any person who violates paragraph (2), (3), or (4) of subsection (a) of this Code section shall be guilty of a misdemeanor. (2) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of arson of lands in the third degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-62 for arson in the third degree. (3) Any person whose violation of paragraph (1) of subsection (a) of this Code section results in a fire that burns more than five acres that are not one’s own shall be guilty of arson of lands in the second degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-61 for arson in the second degree. (4) Any person who violates paragraph (1) of subsection (a) of this Code section under such circumstances that it was reasonably foreseeable that human life might be endangered shall be guilty of arson of lands in the first degree and shall be punished the same as provided by subsection (c) of Code Section 16-7-60 for arson in the first degree. (Laws 1833, Cobb’s 1851 Digest, p. 824; Code 1863, § 4473; Ga. L. 1865-66, p. 233, § 2; Code 1868, § 4519; Code 1873, § 4609; Code 1882, § 4609; Penal Code 1895, § 698; Ga. L. 1898, p. 60, § 1; Penal Code 1910, § 748; Code 1933, § 26-7704; Code 1933, § 26-2214, enacted by Ga. L. 1949, p. 1118, § 8; Code 1933, § 26-3601, enacted by Ga. L. 1956, p. 737, § 8; Ga. L. 1971, p. 577, §§ 1, 2; Code 1981, § 16-7-63, as redesignated by Ga. L. 2008, p. 444, § 3/SB 400.)

Annotations

Cross references. - Further provisions regarding setting of fires in woods, grasslands, etc., §§ 12-6-21, 12-6-90, Editor’s notes. - This Code section formerly pertained to criminal possession of explosives. The former Code section was

based on Ga. L. 1967, p. 452, § 1; Code 1933, § 26-1404, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1991, p. 324, § 1 and was repealed by Ga. L. 1996, p. 416, § 2, effective May 1, 1996. For present provisions as to bombs and explosives, see Code Section 16-7-80 et seq.

DAMAGE TO & INTRUSION ON PROPERTY

JUDICIAL DECISIONS Cited in McMichael v. Robinson, 162 Ga. App. 67, 290 S.E.2d 168 (1982). RESEARCH REFERENCES Am. Jur. 2d. - 35A Am. Jur. 2d, Fires, § 11 et seq. C.J.S. - 36A C.J.S., Fires, § 1 et seq. 65A C.J.S., Negligence, § 1029 et seq.

ALR. - Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.

Notes of Decisions

Cited in 3 cases, 1985–2020 · leading case: Wallace v. State, 333 S.E.2d 874 (Ga. Ct. App. 1985).

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Wallace v. State, 333 S.E.2d 874 (Ga. Ct. App. 1985). · cites it 2× “The most closely related offenses under Georgia law are criminal possession of explosives (OCGA § 16-7-63) and theft by receiving stolen property (OCGA § 16-8-7).”

Morrow v. State, 495 S.E.2d 609 (Ga. Ct. App. 1998). · cites it 2× “After a bomb was found in the crawl space under his ex-wife’s home in 1995, Willard Anthony Morrow was convicted of criminal attempt of arson in the first degree (OCGA §§ 16-7-60 and 16-4-1), criminal possession of explosives (OCGA § 16-7-63, repealed as of *138 May 1, 1996, Ga.”

Wade v. Does (M.D. Ga. 2020). · cites it 4× “2 Specifically, Plaintiff was arrested on the following charges: (1) setting an uncontrolled fire, in violation of O.C.G.A. § 16-7-63; (2) interference with government property, in violation of O.”

— 16-7-63(2) — 1 case

Wade v. Does (M.D. Ga. 2020). “2 Specifically, Plaintiff was arrested on the following charges: (1) setting an uncontrolled fire, in violation of O.C.G.A. § 16-7-63; (2) interference with government property, in violation of O.”

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.