2025 Georgia Codes – Page 91

(a) A person commits the offense of robbery when, with intent to commit theft, he takes property of another
from the person or the immediate presence of another:
(1) By use of force;
(2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious
bodily injury to himself or to another; or
(3) By sudden snatching.
(b) A person convicted of the offense of robbery shall be punished by imprisonment for not less than one nor
more than 20 years.
(c) Notwithstanding any other provision of this Code section, any person who commits the offense of robbery
against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment
for not less than five nor more than 20 years.

(a) A person commits the offense of armed robbery when, with intent to commit theft, he or she takes prop-
erty of another from the person or the immediate presence of another by use of an offensive weapon, or any
replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation
shall be a lesser included offense in the offense of armed robbery.
(b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or
by imprisonment for not less than ten nor more than 20 years.
(c)(1) The preceding provisions of this Code section notwithstanding, in any case in which the defendant
commits armed robbery and in the course of the commission of the offense such person unlawfully takes a
controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon
any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court
or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(2) As used in this subsection, the term:
(A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through V of
Code Sections 16-13-25 through 16-13-29.
(B) “Pharmacy” means any place licensed in accordance with Chapter 4 of Title 26 wherein the possessing,
displaying, compounding, dispensing, or retailing of drugs may be conducted, including any and all por-
tions of any building or structure leased, used, or controlled by the licensee in the conduct of the business
licensed by the State Board of Pharmacy at the address for which the license was issued. The term phar-
macy shall also include any building, warehouse, physician’s office, or hospital used in whole or in part for
the sale, storage, or dispensing of any controlled substance.
(C) “Wholesale druggist” means an individual, partnership, corporation, or association registered with the
State Board of Pharmacy under Chapter 4 of Title 26.
(d) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punish-
ment provisions of Code Sections 17-10-6.1 and 17-10-7.

(a) It is unlawful for any person, firm, partnership, corporation, or association knowingly to:
(1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc,
wire, tape, videotape, film, memory card, flash drive, hard drive, data storage device, or other article on
which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape,
film, memory card, flash drive, hard drive, data storage device, or article without the consent of the person
who owns the master phonograph record, master disc, master tape, master videotape, master film, memory
card, flash drive, hard drive, data storage device, or other article from which the sounds or visual images are
derived; or
(2) Sell; distribute; circulate; offer for sale, distribution, or circulation; possess for the purpose of sale, distri-
bution, or circulation; cause to be sold, distributed, or circulated; cause to be offered for sale, distribution,
or circulation; or cause to be possessed for sale, distribution, or circulation any article or device on which
sounds or visual images have been transferred, knowing it to have been made without the consent of the
person who owns the master phonograph record, master disc, master tape, master videotape, master film, or
other device or article from which the sounds or visual images are derived.
(b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate;
offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation
any phonograph record, disc, wire, tape, videotape, film, memory card, flash drive, hard drive, data stor-
age device, or other article on which sounds or visual images have been transferred unless such phonograph
record, disc, wire, tape, videotape, film, memory card, flash drive, hard drive, data storage device, or other
article bears the actual name and address of the transferor of the sounds or visual images in a prominent
place on its outside face or package.
(c) This Code section shall not apply to any person who transfers or causes to be transferred any such sounds
or visual images:
(1) Intended for or in connection with radio or television broadcast transmission or related uses;
(2) For archival purposes; or
(3) Solely for the personal use of the person transferring or causing the transfer and without any profit being
derived by the person from the transfer.
(d) Every person convicted of violating this Code section shall be guilty of a felony and shall be punished as
follows:
(1) Upon the first conviction of violating this Code section, by a fine of not less than $500.00 nor more than
$25,000.00, by imprisonment for not less than one year nor more than two years, or both such fine and
imprisonment;
(2) Upon the second conviction of violating this Code section, by a fine of not less than $1,000.00 nor more
than $100,000.00, by imprisonment for not less than one year nor more than three years and the judge may
suspend, stay, or probate all but 48 hours of any term of imprisonment, or both such fine and imprisonment;
or
(3) Upon the third or subsequent conviction of violating this Code section, by a fine of not less than
$2,000.00 nor more than $250,000.00, by imprisonment for not less than two nor more than five years and
the judge may suspend, stay, or probate all but six days of any term of imprisonment, or both such fine and
imprisonment.
(e) This Code section shall neither enlarge nor diminish the right of parties to enter into a private contract.
(f)(1) Any phonograph record, disc, wire, tape, videotape, film, memory card, flash drive, hard drive, data
storage device, or other article onto which sounds or visual images have been transferred in violation of
this Code section is declared to be contraband and no person shall have a property right in it; provided,
however, that notwithstanding paragraph (2) of subsection (a) of Code Section 9-16-17, no property of any
owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act
or omission established by such owner to have been committed or omitted without knowledge or consent of
such owner.
(2) Any property subject to forfeiture pursuant to paragraph (1) of this subsection shall be forfeited in accor-
dance with the procedures set forth in Chapter 16 of Title 9.
(g) For purposes of imposing restitution pursuant to Chapter 14 of Title 17 when a person is convicted pur-
suant to this Code section, the court shall consider damages to any owner or lawful producer of a master
phonograph record, master disc, master tape, master videotape, master film, or other device or article from
which sounds or visual images are derived. Restitution shall be based upon the aggregate wholesale value of
lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devic-
es involved in the violation of this Code section and shall also include reasonable investigative costs related
to the detection of the violation of this Code section.