upon the condition that he or she will subsequently appear at a specified time and place commits the
offense of felony-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his or her last known address or otherwise being notified personally in writing by a court official or officer of the court, he or she fails without sufficient excuse to appear at that time and place. A person convicted of the offense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both. (b) Any person who has been charged with or convicted of the commission of a misdemeanor and has been set at liberty on bail or on an unsecured judicial release as provided for in Code Section 17-6-12 upon the condition that he or she will subsequently appear at a specified time and place commits the offense of misde- meanor-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his or her last known address or otherwise being notified personally in writing by a court official or officer of the court, he or she fails without sufficient excuse to appear at that time and place. A person convicted of the offense of misdemeanor-bail jumping shall be guilty of a misdemeanor. (c)(1) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on an unsecured judicial release as provided for in Code Section 17-6-12 upon the condition that he or she will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the defendant by mailing to the defendant’s last known address or otherwise being notified personally in writ- ing by a court official or officer of the court, leaves the state to avoid appearing in court at such time com- mits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. (2) Paragraph (1) of this subsection shall apply only to the following misdemeanors: (A) Abandonment, as provided in Code Sections 19-10-1 and 19-10-2; (B) Simple assault, as provided in Code Section 16-5-20; (C) Carrying a weapon or long gun in an unauthorized location, as provided in Code Section 16-11-127; (D) Bad checks, as provided in Code Section 16-9-20; (E) Simple battery, as provided in Code Section 16-5-23; (F) Bribery, as provided in Code Section 16-10-3; (G) Failure to report child abuse, as provided in Code Section 19-7-5; (H) Criminal trespass, as provided in Code Section 16-7-21; (I) Contributing to the delinquency of a minor, as provided in Code Section 16-12-1; (J) Escape, as provided in Code Sections 16-10-52 and 16-10-53; (K) Tampering with evidence, as provided in Code Section 16-10-94; (L) Family violence, as provided in Code Section 19-13-6; (M) Deceptive business practices, as provided in Code Section 16-9-50; (N) Reserved; (O) Fraud in obtaining public assistance, food stamps, or Medicaid, as provided in Code Section 49-4-15; (P) Reckless conduct, as provided in Code Section 16-5-60; (Q) Any offense under Chapter 8 of this title which is a misdemeanor; (R) Any offense under Chapter 13 of this title which is a misdemeanor; (S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391; (T) Driving without a license in violation of Code Section 40-5-20 or driving while a license is suspended or revoked as provided in Code Section 40-5-121; and (U) Any offense under Code Section 40-6-10, relating to requirement of the operator or owner of a motor vehicle to have proof of insurance. (d) Subsections (b) and (c) of this Code section shall not apply to any person who has been charged or con- victed of the commission of a misdemeanor under the laws of this state and has been set at liberty after post- ing a cash bond and fails to appear in court at the specified time and place where such failure to appear, in accordance with the rules of the court having jurisdiction over such misdemeanor, is construed as an admis- sion of guilt and the cash bond is forfeited without the need for any further statutory procedures and the proceeds of the cash bond are applied and distributed as any fine imposed by the court would be.
such fine shall not be less than $1,500.00.
(3) Any person who commits the offense of intentionally photographing a minor without the consent of such minor’s parent or guardian in violation of paragraph (1) of this subsection shall, upon a second or subsequent conviction thereof, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 30 years and a fine of not less than $5,000.00 nor more than $100,000.00. (4) For the purpose of this subsection, the term “conviction” shall include a plea of nolo contendere. (c)(1) No person required to register as a sexual offender pursuant to Code Section 42-1-12 shall knowing- ly possess, own, or operate an unmanned aircraft system with the intent to photograph, observe, follow, or contact any particular person without his or her consent or photograph, observe, follow, or contact any person in a way that violates the person’s reasonable expectation of privacy. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than ten years and a fine of not less than $20,000.00 nor more than $100,000.00. Help us make this book more useful to you!! We want to provide the best ebook law reference available. If there is a statute that you use frequently that is not in this book, or if you didn’t find what you wanted in the index on the first try, let us know. We will use that information to improve the next edition. For our pocket sized criminal and traffic guides, or our larger combined handbook format, visit our website at: www.pocketpressinc.com Call us toll free at 888 237 2110, or email us at suggestions@pocketpressinc.com. Thanks; Pocket Press Editorial Staff
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(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misde- meanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (e)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in para- graph (2) of subsection (j) of Code Section 16-5-21. (2) Any person having been previously convicted of a sexual felony who is convicted of the felony offense of aggravated sodomy shall be punished by imprisonment for life or a split sentence that is a term of impris- onment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.
(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of impris- onment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when: (A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10- 6.1. (e) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or (2) Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state. (f)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in para- graph (2) of subsection (j) of Code Section 16-5-21. (2) Except as provided in paragraph (2) of subsection (b) of this Code section, any person having been previ- ously convicted of a sexual felony who is convicted of the felony offense of child molestation or aggravated child molestation shall be punished by imprisonment for life or a split sentence that is a term of imprison- ment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.
(6)(A) As used in this paragraph, the term: (i) “Destructive device” means a destructive device as such term is defined by Code Section 16-7-80. (ii) “Explosive” means an explosive as such term is defined by Code Section 16-7-80. (iii) “Firearm” means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years; (7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $1,000.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $1,000.00; (8) [Reserved]; or (9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was regulated metal property, as such term is defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both. (b) Repealed. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $1,000.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This mini- mum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case.