O.C.G.A.

O.C.G.A. § 16-7-64 (2019)

Criminal possession of an explosive device

✓ 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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Repealed by Ga. L. 1996, p. 416, § 2, effective May 1, 1996.

Annotations

Editor’s notes. - This Code section, relating to criminal possession of explosive devices was based on Ga. L. 1967, p. 452, §§ 1 - 3; Code 1933, § 26-1405, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L.

1991, p. 324, § 1. For present provisions as to bombs, explosives, and chemical and biological weapons, see Code Section 16-7-80 et seq.

ARTICLE 4 BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS Cross references. - Regulation of manufacture, transportation, and other issues involving explosives, § 25-2-17.

Penalty for terroristic threats or acts, § 16-11-37.

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions rendered under former O.C.G.A § 16-7-64 are included in the opinions under this article. Any firebomb which contained either flammable liquid or compound would come under former Code 1933, § 26-1405; it was not necessary that the liquid or compound be the only ingredient, so long as it was in fact a part of the firebomb, and met the other statutory requirements. 1968 Op. Att’y Gen. No. 68-313 (decided under former § 16-7-64). Term ‘‘breakable containers’’ encom-

passes anything that could break, that is, a container that is ‘‘not unbreakable.’’ 1968 Op. Att’y Gen. No. 68-313 (decided under former § 16-7-64). Compound. - Compound is a distinct substance formed by the chemical union of two or more ingredients in definite proportion by weight. 1968 Op. Att’y Gen. No. 68-313 (decided under former § 16-7-64). Flammable. - If a liquid or compound could start a fire and cause the destruction intended by the user of the Molotov cocktail, then it would seem, by definition, to be ‘‘flammable.’’ 1968 Op. Att’y Gen. No. 68-313 (decided under former § 16-7-64).

RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Explosions and Explosives, § 167 et seq.

C.J.S. - 35 C.J.S., Explosives, § 95 et seq.

ALR. - Possession of bomb, Molotov cocktail, or similar device as criminal offense, 42 A.L.R.3d 1230.

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: Morrow v. State, 495 S.E.2d 609 (Ga. Ct. App. 1998).

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Morrow v. State, 495 S.E.2d 609 (Ga. Ct. App. 1998). · cites it 2× “416, § 2), and criminal possession of an explosive device (OCGA § 16-7-64, also repealed). The issues are whether the trial court erred in (i) not granting a new trial on the grounds the verdict was decidedly against the weight of the evidence, (ii) admitting evidence of prior…”

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.