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2018 Georgia Code 16-9-126 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-9-126 Case Law from Google Scholar Amendments to OCGA 16-9-126

TITLE 16 CRIMES AND OFFENSES

Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.

ARTICLE 8 IDENTITY FRAUD

16-9-126. Penalty for violations.

  1. A violation of this article, other than a violation of Code Section 16-9-121.1 or 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both.
  2. A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000.00, or both.
  3. Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud.
  4. Each violation of this article shall constitute a separate offense.
  5. Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction.

(a.1)A violation of Code Section 16-9-121.1 shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000.00, or both, and such sentence shall run consecutively to any other sentence which the person has received.

(Code 1981, §16-9-125, enacted by Ga. L. 1998, p. 865, § 2; Code 1981, §16-9-126, as redesignated by Ga. L. 2002, p. 551, § 2; Ga. L. 2007, p. 450, § 6/SB 236; Ga. L. 2011, p. 794, § 5/HB 87.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2007, in subsection (b), a comma was inserted following "resource" and a comma was deleted following "21 years of age".

Editor's notes.

- Ga. L. 2002, p. 551, § 2, effective May 2, 2002, redesignated the former provisions of this Code section as Code Section 16-9-127.

Ga. L. 2007, p. 450, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Personal Identity Protection Act.'"

Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Illegal Immigration Reform and Enforcement Act of 2011.'"

Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides for severability, and provides, in part, that: "(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.

"(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights."

Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to offenses and violations occurring on or after July 1, 2011.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 35 (2011).

JUDICIAL DECISIONS

Imposition of maximum sentence upheld.

- Defendant's identity fraud conviction was upheld on appeal as: (1) a jury charge under O.C.G.A. § 16-9-120(2) was not supported by the evidence; (2) an additional charge on the dictionary definition of fraud as a false representation of a matter of fact did not result in any prejudice; (3) the indictment was sufficient and plainly tracked the language of the identity fraud statute, laid out the elements of the offense, and allowed the defendant to prepare a defense; (4) the trial court's imposition of the maximum 10-year sentence was not unlawful; and (5) nothing in the record supported the defendant's claim that the state engaged in illegal plea bargaining tactics. Lee v. State, 283 Ga. App. 826, 642 S.E.2d 876 (2007).

Cited in Summers v. State, 263 Ga. App. 338, 587 S.E.2d 768 (2003).

Cases Citing Georgia Code 16-9-126 From Courtlistener.com

Total Results: 1

McNair v. State

Court: Supreme Court of Georgia | Date Filed: 2013-07-01

Citation: 293 Ga. 282, 745 S.E.2d 646

Snippet: or up to $5,000 in fines. OCGA §§ 16-9-38 and 16-9-126 (a).