2025 Georgia Codes – Page 225

(a) It shall be unlawful for any person, through a pattern of racketeering activity or proceeds derived there-
from, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property,
or personal property of any nature, including money.
(b) It shall be unlawful for any person employed by or associated with any enterprise to conduct or participate
in, directly or indirectly, such enterprise through a pattern of racketeering activity.
(c) It shall be unlawful for any person to conspire or endeavor to violate any of the provisions of subsection
(a) or (b) of this Code section. A person violates this subsection when:
(1) He or she together with one or more persons conspires to violate any of the provisions of subsection (a)
or (b) of this Code section and any one or more of such persons commits any overt act to effect the object of
the conspiracy; or
(2) He or she endeavors to violate any of the provisions of subsection (a) or (b) of this Code section and
commits any overt act to effect the object of the endeavor.

(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be
guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the
fine specified in subsection (b) of this Code section, or both.
(b) In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in con-
duct in violation of Code Section 16-14-4 may be sentenced to pay a fine that does not exceed the greater of
$25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation.
(c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this
Code section.
(d) For the purposes of subsection (b) of this Code section, the term “pecuniary value” means:
(1) Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else,
the primary significance of which is economic advantage; or
(2) Any other property or service that has a value in excess of $100.00.
Chapter 15
Street Gang Terrorism and Prevention

Amended 2024
As used in this chapter, the term:
(1) “Criminal gang activity” means the commission, attempted commission, conspiracy to commit, or the
solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after
July 1, 2006:
(A) Any offense defined as racketeering activity by Code Section 16-14-3, or any offense defined in Code
Section 16-15-4.1;
(B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking;
(C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory
rape, or 16-6-22.2 as aggravated sexual battery;
(D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related
to confinement;
(E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and
practices;
(F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the
security of state or county correctional facilities;
(G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from
custody;
(H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related
painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another;
(I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions,
or possessions, any of the several states, or any foreign nation which, if committed in this state, would be
considered criminal gang activity under this Code section; and
(J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence,
possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the
maximum sentence that could be imposed or actually was imposed.
(2) “Criminal gang activity” on and after April 18, 2019, shall also mean the commission, attempted commis-
sion, conspiracy to commit, or the solicitation, coercion, or intimidation of another person to commit on and
after April 18, 2019, any offense defined in Code Section 16-5-46 as trafficking persons for labor servitude
or sexual servitude, 16-6-10 as keeping a place of prostitution, 16-6-11 as pimping, or 16-6-12 as pandering.
(3) “Criminal street gang” means any organization, association, or group of three or more persons associated
in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of
this Code section. The existence of such organization, association, or group of individuals associated in fact
may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti,
or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or
behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal,
who are not engaged in criminal gang activity.