2025 Georgia Codes – Page 169

(5)(A) “Racketeering activity” means to commit, to attempt to commit, or to solicit, coerce, or intimidate
another person to commit any crime which is chargeable by indictment under the laws of this state involv-
ing:
(i) Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Sec-
tion 3-3-27;
(ii) Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7;
(iii) The “Georgia Uniform Securities Act of 2008” in violation of Chapter 5 of Title 10;
(iv) Homicide in violation of Article 1 of Chapter 5 of this title;
(v) Assault and battery in violation of Article 2 of Chapter 5 of this title;
(vi) Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title;
(vii) Prostitution, keeping a place of prostitution, pimping, and pandering in violation of Code Sections

(a) Any person who commits domestic terrorism shall be guilty of a felony and upon conviction thereof shall
be punished as follows:
(1) If death results to any individual, by death, by imprisonment for life without parole, or by imprisonment
for life;
(2) If kidnapping occurs, by imprisonment for not less than 15 nor more than 35 years, or by imprisonment
for life;
(3) If serious bodily harm occurs, by imprisonment for not less than 15 nor more than 35 years; or
(4) If critical infrastructure, a state or government facility, or a public transportation system is disabled or
destroyed, by imprisonment for not less than five nor more than 35 years.
(b) No sentence imposed under this Code section shall be suspended, stayed, probated, deferred, or withheld
by the sentencing court; provided, however, that in the court’s discretion, the court may suspend, stay, pro-
bate, defer, or withhold part of such sentence when the prosecuting attorney and the defendant have agreed
to such sentence.
Chapter 12
Offenses Against Public Health and Morals

(a) As used in this Code section, the term:
(1) “Delinquent act” means a delinquent act as defined in Code Section 15-11-2.
(2) “Felony” means any act which constitutes a felony under the laws of this state, the laws of any other state
of the United States, or the laws of the United States.
(3) “Minor” means any individual who is under the age of 17 years who is alleged to have committed a
delinquent act or any individual under the age of 18 years.
(4) “Serious injury” means an injury involving a broken bone, the loss of a member of the body, the loss
of use of a member of the body, the substantial disfigurement of the body or of a member of the body, an
injury which is life threatening, or any sexual abuse of a child under 16 years of age by means of an act
described in subparagraph (a)(4)(A), (a)(4)(G), or (a)(4)(I) of Code Section 16-12-100.
(5) “Service provider” means an entity that is registered with the Department of Human Services pursuant to
Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or agent or
employee acting on behalf of such entity or child welfare agency.
(b) A person commits the offense of contributing to the delinquency or dependency of a minor or causing a
child to be a child in need of services when such person:
(1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent
act;
(2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which
would cause such minor to be a child in need of services as such term is defined in Code Section 15-11-2;
provided, however, that this paragraph shall not apply to a service provider that notifies the minor’s par-
ent, guardian, or legal custodian of the minor’s location and general state of well-being as soon as possible
but not later than 72 hours after the minor’s acceptance of services; provided, further, that such notification
shall not be required if:
(A) The service provider has reasonable cause to believe that the minor has been abused or neglected and
makes a child abuse report pursuant to Code Section 19-7-5;
(B) The minor will not disclose the name of the minor’s parent, guardian, or legal custodian, and the Divi-
sion of Family and Children Services within the Department of Human Services is notified within 72 hours
of the minor’s acceptance of services; or
(C) The minor’s parent, guardian, or legal custodian cannot be reached, and the Division of Family and
Children Services within the Department of Human Services is notified within 72 hours of the minor’s
acceptance of services;
(3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor
to be adjudicated to be a dependent child as such term is defined in Code Section 15-11-2;
(4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or
directs any minor to commit any felony which encompasses force or violence as an element of the offense
or delinquent act which would constitute a felony which encompasses force or violence as an element of the
offense if committed by an adult;
(5) Knowingly and willfully provides to a minor any firearm as defined in Code Section 16-11-127.1, any
dangerous weapon as defined in Code Section 16-11-121, or any hazardous object as defined in Code Sec-
tion 20-2-751 to commit any felony which encompasses force or violence as an element of the offense or
delinquent act which would constitute a felony which encompasses force or violence as an element of the
offense if committed by an adult; or
(6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or
directs any minor to commit any smash and grab burglary which would constitute a felony if committed by
an adult.
(c) It shall not be a defense to the offense provided for in this Code section that the minor has not been for-
mally adjudged to have committed a delinquent act or has not been adjudged to be a dependent child or a
child in need of services.
(d) A person convicted pursuant to paragraph (1) or (2) of subsection (b) of this Code section shall be pun-
ished as follows:
(1) Upon conviction of the first or second offense, the defendant shall be guilty of a misdemeanor and shall
be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and
imprisoned; and
(2) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall
be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year
nor more than three years, or both fined and imprisoned.
(d.1) A person convicted pursuant to paragraph (3) of subsection (b) of this Code section shall be punished as
follows:
(1) Upon conviction of an offense which resulted in the serious injury or death of a child, without regard
to whether such offense was a first, second, third, or subsequent offense, the defendant shall be guilty of a
felony and shall be punished as provided in subsection (e) of this Code section;
(2) Upon conviction of an offense which does not result in the serious injury or death of a child and which
is the first conviction, the defendant shall be guilty of a misdemeanor and shall be fined not more than
$1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned;
(3) Upon conviction of an offense which does not result in the serious injury or death of a child and which
is the second conviction, the defendant shall be guilty of a high and aggravated misdemeanor and shall be
fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year, or
both fined and imprisoned; and
(4) Upon the conviction of an offense which does not result in the serious injury or death of a child and
which is the third or subsequent conviction, the defendant shall be guilty of a felony and shall be fined not
less than $10,000.00 or shall be imprisoned for not less than one year nor more than five years, or both
fined and imprisoned.
(e) A person convicted pursuant to paragraph (4), (5), or (6) of subsection (b) or paragraph (1) of subsection
(d.1) of this Code section shall be guilty of a felony and punished as follows:
(1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more
than ten years; and
(2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than
three years nor more than 20 years.