O.C.G.A.

O.C.G.A. § 16-9-122 (2019)

Attempting or conspiring to commit offense; penalty

✓ 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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It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.

History

(Code 1981, § 16-9-122, enacted by Ga. L. 2002, p. 551, § 2.)

Annotations

Editor’s notes. - Ga. L. 2002, p. 551, § 2, effective May 2, 2002, redesignated

the former provisions of this Code section as Code Section 16-9-123.

RESEARCH REFERENCES ALR. - Validity, construction, and application of state statutes relating to offense of identity theft, 125 A.L.R.5th 537. JUDICIAL DECISIONS Sentence upheld. - Defendant’s complaint on appeal that a 10-year sentence was unlawful was specious as the charge in the indictment was not attempted identity fraud under O.C.G.A. § 16-9-122, but

was for the completed offense of identity fraud under O.C.G.A. § 16-9-121. Lee v. State, 283 Ga. App. 826, 642 S.E.2d 876 (2007).

Notes of Decisions
Cited in 3 cases, 2007–2018 · leading case: Lee v. State, 642 S.E.2d 876 (Ga. Ct. App. 2007).
Lee v. State, 642 S.E.2d 876 (Ga. Ct. App. 2007). · cites it 4× “Lee complains that the ten-year sentence is unlawful because he was charged with attempted identity fraud under OCGA § 16-9-122, which is expressly excluded from the maximum ten-year sentence by OCGA§ 16-9-126 (a).”
Perez v. Atlanta Check Cashers, Inc., 692 S.E.2d 670 (Ga. Ct. App. 2010). · cites it 2× “The complaint sought monetary damages as well as declaratory and injunctive relief and set out claims for identity fraud, OCGA §§ 16-9-121 (a) (1), 16-9-130 (a); conspiracy to commit identity fraud, OCGA § 16-9-122; invasion of privacy for misappropriation of name and likeness;…”
Roberts v. The State., 810 S.E.2d 169 (Ga. Ct. App. 2018). · cites it 2× “6 In the same time frame, OCGA § 16-9-122 provided: "It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article.”
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.