2025 Georgia Codes – Page 138

(a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not
usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or
immediate concern for the safety of persons or property in the vicinity.
(b) Among the circumstances which may be considered in determining whether alarm is warranted is the fact
that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or
manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances
make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Code sec-
tion, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be
warranted by requesting the person to identify himself and explain his presence and conduct. No person shall
be convicted of an offense under this Code section if the law enforcement officer failed to comply with the
foregoing procedure or if it appears at trial that the explanation given by the person was true and would have
dispelled the alarm or immediate concern.
(c) A person committing the offense of loitering or prowling shall be guilty of a misdemeanor.
(d) This Code section shall not be deemed or construed to affect or limit the powers of counties or munici-
pal corporations to adopt ordinances or resolutions prohibiting loitering or prowling within their respective
limits.

(a) As used in this Code section, the term “hazardous substance” shall have the same meaning as set forth in
Code Section 12-8-92.
(b)(1) A person commits the offense of a terroristic threat when he or she threatens to:
(A) Commit any crime of violence;
(B) Release any hazardous substance; or
(C) Burn or damage property.
(2) Such terroristic threat shall be made:
(A) With the purpose of terrorizing another;
(B) With the purpose of causing the evacuation of a building, place of assembly, or facility of public trans-
portation;
(C) With the purpose of otherwise causing serious public inconvenience; or
(D) In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in sub-
paragraph (A), (B), or (C) of this paragraph.
(3) No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom
the threat is communicated.
(c) A person commits the offense of a terroristic act when:
(1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent
to terrorize another or another’s household;
(2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance
which is being operated or which is occupied by passengers; or
(3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a
hazardous substance:
(A) For the purpose of terrorizing another;
(B) For the purpose of causing the evacuation of a building, place of assembly, or facility of public trans-
portation;
(C) For the purpose of otherwise causing serious public inconvenience; or
(D) In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in sub-
paragraph (A), (B), or (C) of this paragraph.
(d)(1) A person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided,
however, that if the threat suggested the death of the threatened individual, the person convicted shall be
guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less
than one nor more than five years, or both.
(2) A person convicted of the offense of a terroristic act shall be punished by a fine of not more than
$5,000.00, imprisonment for not less than one nor more than ten years, or both; provided, however, that
if any person suffers a serious physical injury as a direct result of an act giving rise to a conviction under
subsection (b) of this Code section, the person so convicted shall be punished by a fine of not more than
$250,000.00, imprisonment for not less than five nor more than 40 years, or both.
(e) A person who commits or attempts to commit a violation of subsection (b) or (c) of this Code section
shall, upon conviction thereof, be punished by a fine of not less than $50,000.00, imprisonment for not less
than five nor more than 20 years, or both, when such act is done with the intent to retaliate against any per-
son for or intimidate or threaten any person from:
(1) Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy
clerk of court, court reporter, community supervision officer, county or Department of Juvenile Justice
juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or party or
producing any record, document, or other object in a judicial or official proceeding; or
(2) Providing to a law enforcement officer, community supervision officer, county or Department of Juve-
nile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title
42, prosecuting attorney, or judge any information relating to the commission or possible commission of
an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial
release, probation, or parole.