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2018 Georgia Code 16-7-88 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-7-88 Case Law from Google Scholar Amendments to OCGA 16-7-88

TITLE 16 CRIMES AND OFFENSES

Section 7. Damage to and Intrusion upon Property, 16-7-1 through 16-7-97.

ARTICLE 4 BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS

16-7-88. Possessing, transporting, or receiving explosives, destructive devices, bacteriological weapon, or biological weapon with intent to kill, injure, or intimidate individuals or destroy public buildings; sentencing; enhanced penalties.

  1. Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device, explosive, bacteriological weapon, or biological weapon with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or to destroy any public building shall be punished by imprisonment for not less than ten nor more than 20 years or by a fine of not more than $125,000.00 or both or, if the defendant is a corporation, by a fine of not less than $125,000.00 nor more than $200,000.00 or sentenced to perform not fewer than 10,000 nor more than 20,000 hours of community service or both.
  2. In addition to any other penalty imposed under the laws of this state or of the United States, any person who shall use or attempt to use any destructive device or explosive to kill or injure any individual, including any public safety officer performing duties as a direct or proximate result of a violation of this subsection, or to destroy any public building shall be imprisoned for not less than 20 nor more than 40 years or fined the greater of the cost of replacing any property that is destroyed or $250,000.00 or both or, if the defendant is a corporation, fined the greater of the cost of replacing any property which is destroyed or $1 million or sentenced to perform not fewer than 20,000 nor more than 40,000 hours of community service or both.
  3. Any other provision of law to the contrary notwithstanding, no part of any sentence imposed pursuant to subsection (a) or (b) of this Code section shall be probated, deferred, suspended, or withheld and no person sentenced pursuant to subsection (a) or (b) of this Code section shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by any agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating such sentence until the defendant has completed the minimum sentence as provided by subsection (a) or (b) of this Code section.

(Code 1981, §16-7-88, enacted by Ga. L. 1996, p. 416, § 3; Ga. L. 1997, p. 512, § 1; Ga. L. 2017, p. 536, § 3-2/HB 452.)

The 2017 amendment, effective July 1, 2017, substituted "device, explosive, bacteriological weapon, or biological weapon" for "device or explosive" near the middle of subsection (a).

Law reviews.

- For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 17 (2017).

JUDICIAL DECISIONS

Separate victims.

- In a prosecution under O.C.G.A. § 16-7-88(a), a defendant may be convicted separately for possession of a destructive device with the intent to intimidate as to each individual victim who was the specific target of such intent. Mason v. State, 312 Ga. App. 723, 719 S.E.2d 581 (2011).

Possession of destructive device offense did not merge with aggravated assault.

- Defendant's aggravated assault convictions and the defendant's possession of a destructive device convictions did not merge because the possession offense required that the weapon function in a certain way and have certain dimensions, and the assault offense required that the victim was conscious of the risk of immediately receiving a violent injury by use of an offensive weapon. Because each offense required proof of a fact not required for the other, there was no merger under the required evidence test. Mason v. State, 312 Ga. App. 723, 719 S.E.2d 581 (2011).

Homemade device was destructive device.

- Homemade device that was constructed from a metal pipe, a cap on one end, with a bolt to serve as a detonator or firing pin, and into which defendant had loaded a shotgun shell, and which the defendant used in an attempt to intimidate two victims into paying the defendant money was a destructive device within the meaning of O.C.G.A. §§ 16-7-80(4) and16-7-88(a). Mason v. State, 312 Ga. App. 723, 719 S.E.2d 581 (2011).

Evidence sufficient to sustain conviction.

- Evidence that the defendant was in possession of a pill capsule containing black powder, a low explosive, and had threatened to kill at least one person was sufficient to support a conviction for unlawful possession of a destructive device. Hall v. State, 322 Ga. App. 313, 744 S.E.2d 833 (2013).

Cases Citing O.C.G.A. § 16-7-88

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Langley v. State, 868 S.E.2d 759 (Ga. 2022).

Cited 10 times | Published | Supreme Court of Georgia | Feb 1, 2022 | 313 Ga. 141

...pimping, or pandering that involves the conduct of a minor “shall not be suspended, probated, deferred, or withheld”), 16-7-1 (d) (sentence for fourth or subsequent conviction for burglary in any degree “shall not be suspended, probated, deferred, or withheld”), 16-7-88 (c) (upon conviction for illegal possession, transportation, receipt, or use of a destructive device or explosive, “no part of any sentence imposed ....