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2018 Georgia Code 16-9-128 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-9-128 Case Law from Google Scholar Amendments to OCGA 16-9-128

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 8 IDENTITY FRAUD

16-9-128. Exemptions.

  1. The prohibitions set forth in Code Sections 16-9-121, 16-9-121.1, and 16-9-122 shall not apply to nor shall any cause of action arise under Code Sections 16-9-129 and 16-9-131 for:
    1. The lawful obtaining of credit information in the course of a bona fide consumer or commercial transaction;
    2. The lawful, good faith exercise of a security interest or a right to offset by a creditor or a financial institution;
    3. The lawful, good faith compliance by any party when required by any warrant, levy, garnishment, attachment, court order, or other judicial or administrative order, decree, or directive; or
    4. The good faith use of identifying information with the permission of the affected person.
  2. The exemptions provided in subsection (a) of this Code section shall not apply to a person intending to further a scheme to violate Code Section 16-9-121, 16-9-121.1, or 16-9-122.
  3. It shall not be necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article involving a business victim. In such cases, the burden of proof of any exemption or exception is upon the business victim claiming it.

(Code 1981, §16-9-128, enacted by Ga. L. 2002, p. 551, § 2; Ga. L. 2010, p. 568, § 2/HB 1016; Ga. L. 2011, p. 794, § 6/HB 87.)

Editor's notes.

- 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 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).

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