O.C.G.A. § 16-9-94 (2019)
Venue
For the purpose of venue under this article, any violation of this article shall be considered to have been committed:
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(1) In the county of the principal place of business in this state of the owner of a computer, computer network, or any part thereof;
(2) In any county in which any person alleged to have violated any provision of this article had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation;
(3) In any county in which any act was performed in furtherance of any transaction which violated this article; and
(4) In any county from which, to which, or through which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.
History
(Code 1981, § 16-9-94, enacted by Ga. L. 1991, p. 1045, § 1; Ga. L. 1992, p. 6, § 16.)
Annotations
Cross references. - Venue generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VI and § 17-2-2. JUDICIAL DECISIONS Cited in Pandora Franchising, LLC v. Kingdom Retail Group, LLLP, 299 Ga. 723, 791 S.E.2d 786 (2016). RESEARCH REFERENCES C.J.S. - 37 C.J.S., Fraud, § 93.
PART 2 SPAM E-MAIL Editor’s notes. - Ga. L. 2005, p. 199, § 1/SB 62, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Georgia Slam Spam E-mail Act.’ ’’ Ga. L. 2005, p. 199, § 2/SB 62, not codified by the General Assembly, provides that: ‘‘The General Assembly finds and declares that electronic mail has become an important and popular means of communication, relied on by millions of Georgians on a daily basis for personal and commercial purposes. The low cost and global reach of electronic mail make it convenient and efficient. Electronic mail serves as a catalyst for economic development and frictionless commerce. The General Assembly further finds that the con-
venience and efficiency of electronic mail is threatened by an ever-increasing glut of deceptive commercial electronic mail. The senders of these electronic messages engage in a variety of fraudulent and deceptive practices to hide their identities, to disguise the true source of their electronic mail, and to evade the criminal and civil consequences of their actions. Deceptive commercial electronic mail imposes costs upon its ultimate recipients who are forced to receive, review, and delete unwanted messages and upon the electronic mail service providers forced to carry the messages. The General Assembly further finds that our state has a paramount interest in protecting its businesses and citizens from the deleterious effects of
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FORGERY & FRAUDULENT PRACTICES
deceptive commercial electronic mail, including the impermissible shifting of cost and economic burden that results from the false and fraudulent nature of deceptive commercial electronic mail. Georgia’s enforcement of this interest imposes no additional burden upon the senders of such electronic mails in relation to the
laws of any other state, in that such enforcement requires nothing more than the senders’ forbearance from active deception.’’
Law reviews. - For article on 2005 enactment of this part, see 22 Ga. St. U.L. Rev. 39 (2005).