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2018 Georgia Code 27-1-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 27-1-38 Case Law from Google Scholar Amendments to OCGA 27-1-38

TITLE 27 GAME AND FISH

Section 1. General Provisions, 27-1-1 through 27-1-39.

27-1-38. Penalty for violations of title.

Unless otherwise specifically provided, any person who violates any of the provisions of this title shall be guilty of a misdemeanor; provided, however, that unless otherwise specifically provided, any person who violates any of the provisions of this title or any rule or regulation promulgated pursuant thereto relating to the possession or use of fishing gear on trawlers shall be a misdemeanor of a high and aggravated nature and shall be fined $1,000.00 for the first offense, $3,000.00 for the second offense, and $5,000.00 for the third and each subsequent offense.

(Code 1933, § 45-216, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 2002, p. 1232, § 1.)

JUDICIAL DECISIONS

Sufficiency of evidence.

- For cases finding sufficient evidence to support a conviction of hunting with an unplugged pump shotgun, see Beard v. State, 151 Ga. App. 724, 261 S.E.2d 404 (1979).

Cited in Holzmeister v. State, 156 Ga. App. 94, 274 S.E.2d 109 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Violation of O.C.G.A. § 27-1-38 is an offense requiring fingerprinting. 2002 Op. Att'y Gen. No. 2002-7.

Cases Citing O.C.G.A. § 27-1-38

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Thornton v. State, 310 Ga. 460 (Ga. 2020).

Cited 13 times | Published | Supreme Court of Georgia | Nov 12, 2020

...Moreover, game wardens are specifically and expressly authorized to make arrests for violations “of the laws, rules, and regulations pertaining to wildlife or to hunting, fishing, or boating[,]” OCGA § 27-1-20 (a) (4), violations that most commonly are misdemeanors. See OCGA § 27-1-38 (generally classifying violations of Game and Fish Code as 10 misdemeanor offenses)....
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Dep't of Nat. Resources v. Blue Ridge Mountain Fisheries, Inc., 262 Ga. 305 (Ga. 1992).

Cited 1 times | Published | Supreme Court of Georgia | Jun 11, 1992 | 417 S.E.2d 12, 92 Fulton County D. Rep. 1006

...s fish not native to the country where found. 1. (a) OCGA § 27-5-5 (4) requires a license or permit for “all wild animals listed in this Code section,” which includes: “All exotic fish which are not held in aquaria or tanks. ...” (b) OCGA § 27-1-38 provides the penalty for violating OCGA § 27-5-5 (4): Unless otherwise specifically provided, any person who violates any of the provisions of this title shall be guilty of a misdemeanor. 2....