2025 Georgia Codes – Page 107

(a) As used in this Code section, the term:
(1) “Automated sales suppression device” or “zapper” means a software program, carried on a memory stick
or removable compact disc, accessed through an Internet link, or accessed through any other means, that
falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not
limited to, transaction data and transaction reports.
(2) “Electronic cash register” means a device that keeps a register or supporting documents through the
means of an electronic device or computer system designed to record transaction data for the purpose of
computing, compiling, or processing retail sales transaction data in whatever manner.
(3) “Phantom-ware” means a hidden, preinstalled, or installed at a later time programming option embedded
in the operating system of an electronic cash register or hardwired into the electronic cash register that can
be used to create a virtual second till or may eliminate or manipulate transaction records that may or may
not be preserved in digital formats to represent the true or manipulated record of transactions in the elec-
tronic cash register.
(4) “Transaction data” includes items purchased by a customer, the price for each item, a taxability deter-
mination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit
tendered, the net amount returned to the customer in change, the date and time of the purchase, the name,
address, and identification number of the vendor, and the receipt or invoice number of the transaction.
(5) “Transaction reports” means a report documenting, but not limited to, the sales, taxes collected, media
totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a
day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
(b) It shall be unlawful to willfully and knowingly sell, purchase, install, transfer, or possess in this state any
automated sales suppression device or zapper or phantom-ware.
(c) Any person convicted of a violation of subsection (b) of this Code section shall be guilty of a felony
and shall be punished by imprisonment of not less than one nor more than five years, a fine not to exceed
$100,000.00, or both.
(d) Any person violating subsection (b) of this Code section shall be liable for all taxes and penalties due the
state as the result of the fraudulent use of an automated sales suppression device or phantom-ware and shall
disgorge all profits associated with the sale or use of an automated sales suppression device or phantom-
ware.
(e) An automated sales suppression device or phantom-ware and any device containing such device or soft-
ware shall be contraband.

Amended 2024
(a) As used in this Code section, the term:
(1) “Armed forces of the United States” means the army, navy, air force, space force, marine corps, or coast
guard and the reserve components thereof and the uniformed components of the Public Health Service or
the National Oceanic and Atmospheric Administration.
(2) “Military decoration” means:
(A) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded
to a member of the armed forces of the United States by the President of the United States, Congress, the
United States Department of Defense, or the United States Department of Homeland Security;
(B) A medal, decoration, badge, or ribbon authorized by law, executive order, or regulation to be awarded to
members of the organized militia; or
(C) A rosette or metal lapel button depicting a medal, decoration, badge, or ribbon described in subpara-
graph (A) or (B) of this paragraph which is authorized by law, executive order, or regulation to be worn on
civilian clothing.
(3) “Military medal award” shall have the same meaning as provided for under Code Section 40-2-85.1.
(4) “Military veteran” means a current, former, or retired member of the armed forces of the United States,
the organized militia, or a state military force of another state.
(5) “Organized militia” means the Army National Guard, the Air National Guard, the Georgia Naval Militia,
and the State Defense Force.
(6) “Tangible benefit” means:
(A) A benefit, preference, service, or other thing of value offered to a military veteran which is enhanced or
offered at a reduced rate or free of charge by an agency of this state, or any political subdivision or author-
ity thereof, based on such military veteran’s service or the award of a military decoration;
(B) Employment or promotion in an individual’s employment; or
(C) Election to public office.
(b) It shall be unlawful for any individual, with the intent to secure a tangible benefit for himself or herself, to
make a false, fictitious, or fraudulent statement or representation that such individual is a military veteran or
recipient of a military decoration.
(c) It shall be unlawful for any individual, with the intent to deceive, to appear in a court of this state while
wearing:
(1) The uniform of the armed forces of the United States or of the organized militia of this state if such indi-
vidual is not authorized to wear such uniform; or
(2) Any military decoration which such individual has not, in fact, been awarded.
(d) Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that if
such violation involves a military medal award, such person shall be guilty of a misdemeanor of a high and
aggravated nature.
(e) Any violation of this Code section shall be considered a separate offense and shall not merge with any
other offense. If an individual is convicted of a violation of Code Section 16-10-20 and this Code section
arising out of the same incident, any penalty imposed for a violation of this Code section shall be served
consecutively to any sentence that may be imposed for a violation of Code Section 16-10-20.