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Illegal Remuneration of Judges and Law Enforcement Officials

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It shall be unlawful for a judge, prosecuting attorney, investigating officer, or law enforcement officer who is a witness in a case to receive or agree to receive remuneration during the period of time between indictment and the completion of direct appeal in any criminal case in which the judge, prosecuting attorney, or law enforcement officer is involved for any of the following activities:
1. Publishing a book or article concerning the case;
2. Making a public appearance concerning the case; or
3. Participating in any commercial activity concerning the case.
A person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
For purposes of this Code section remuneration shall not be deemed to include customary and ordinary salary and benefits of the individual or customary and ordinary expenses paid for public appearances.

(Code 1981, §16-10-98, enacted by Ga. L. 1997, p. 1310, § 1.)

Law reviews.

- For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 81 (1997).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting of offenders.

- Offense covered by O.C.G.A. § 16-10-98 is not currently designated as an offense requiring fingerprinting. 1997 Op. Att'y Gen. No. 97-330.

CHAPTER 11 OFFENSES AGAINST PUBLIC ORDER AND SAFETY Article 1 Treason and Other Subversive Activities. Part 1 GENERAL PROVISIONS.

16-11-1. Treason.
16-11-2. Insurrection.
16-11-3. Inciting to insurrection.
16-11-4. Advocating overthrow of government.

Part 2 SEDITION AND SUBVERSIVE ACTIVITIES.

16-11-5. Short title.
16-11-6. Definitions.
16-11-7. Special assistant attorney general for investigation and prosecution of subversive activities.
16-11-8. Duties imposed on prosecuting attorneys, commissioner of public safety, sheriffs, and police to furnish information and assistance; establishment of special enforcement agencies.
16-11-9. Maintenance of records by special assistant; classification of records.
16-11-10. Grand jury investigations.
16-11-11. Dissolution of subversive organizations; revocation of charter, funds, books, and records.
16-11-12. Eligibility of subversive persons to hold office or position in government.
16-11-13. Investigation of all state employees prior to appointment or employment; questionnaire; promulgation of orders, rules, and regulations.
16-11-14. False swearing in written statement.
16-11-15. Information concerning membership of relative in a subversive organization.
16-11-16. Filing written statement.

Article 2 Offenses Against Public Order.

16-11-30. Riot.
16-11-31. Inciting to riot.
16-11-32. Affray.
16-11-33. Unlawful assembly.
16-11-34. Preventing or disrupting lawful meetings, gatherings, or processions.
16-11-34.1. Preventing or disrupting General Assembly sessions or other meetings of members; unlawful activities within the state capitol or certain Capitol Square buildings.
16-11-34.2. Disorderly or disruptive conduct at any funeral or memorial service.
16-11-35. Removal from campus or facility of unit of university system or school; failure to leave.
16-11-36. Loitering or prowling.
16-11-37. Terroristic threats and acts; penalties.
16-11-37.1. Dissemination of information relating to terroristic acts.
16-11-38. (See Editor's notes.) Wearing mask, hood, or device which conceals identity of wearer.
16-11-39. Disorderly conduct.
16-11-39.1. Harassing communications; venue; separate offenses; impact on free speech.
16-11-39.2. Unlawful conduct during 9-1-1 call.
16-11-40. Unlawful use of emergency exit door; penalty.
16-11-40.1. Definitions; identification of minors; criminal offense.
16-11-41. Public drunkenness.
16-11-42. Refusal to relinquish telephone party line in case of emergency; false request on party line as to emergency; warning printed in telephone books.
16-11-43. Obstructing highways, streets, sidewalks, or other public passages.
16-11-44. Maintaining a disorderly house.
16-11-45. Use of laser against aircraft.

Article 3 Invasions of Privacy. Part 1 WIRETAPPING, EAVESDROPPING, SURVEILLANCE, AND RELATED OFFENSES.

16-11-60. Definitions.
16-11-61. Peeping Toms.
16-11-62. Eavesdropping, surveillance, or intercepting communication which invades privacy of another; divulging private message.
16-11-63. Possession, sale, or distribution of eavesdropping devices.
16-11-64. Interception of wire or oral transmissions by law enforcement officers.
16-11-64.1. Application and issuance of order authorizing installation and use of pen register or trap and trace device.
16-11-64.2. Emergency situation and other grounds authorizing installation and use of pen register or trap and trace device prior to order; time for order approving installation or use.
16-11-64.3. Emergency situation; application for an investigation warrant.
16-11-65. License to intercept telephonic communications for business service improvement; regulatory powers of Georgia Public Service Commission.
16-11-66. Interception of wire, oral, or electronic communication by party thereto; consent requirements for recording and divulging conversations to which child under 18 years is a party; parental exception.
16-11-66.1. Disclosure of stored wire or electronic communications; records; search warrants; issuance of subpoena; violation.
16-11-67. Admissibility of evidence obtained in violation of part.
16-11-68. Admissibility of privileged communications.
16-11-69. Penalty for violations of part.
16-11-70. Telephone records privacy protection.

Part 2 PREPARATION OF FEDERAL AND STATE INCOME TAX RETURNS.

16-11-80. "Business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns" defined.
16-11-81. Disclosure of information obtained in business of preparing federal or state income tax returns or assisting in preparation.
16-11-82. Contacting taxpayer to obtain written consent.
16-11-83. Penalty for violations of part.

Part 3 INVASION OF PRIVACY.

16-11-90. Prohibition on nude or sexually explicit electronic transmissions.
16-11-91. Use or installation of device to film underneath or through an individual's clothing under certain circumstances.
16-11-92. Sexual extortion; penalty.

Article 4 Dangerous Instrumentalities and Practices. Part 1 GENERAL PROVISIONS.

16-11-100. Abandoning, discarding, or leaving unattended containers which lock or fasten automatically; abandoning or discarding motor vehicle which does not have door or window removed.
16-11-101. Furnishing knuckles or a knife to person under the age of 18 years.
16-11-101.1. Furnishing pistol or revolver to person under the age of 18 years.
16-11-102. Pointing or aiming gun or pistol at another.
16-11-103. Discharge of gun or pistol near public highway; penalty.
16-11-104. Discharge of firearms on property of another.
16-11-105. Discharge of firearm on Sunday; exceptions; penalty [Repealed].
16-11-106. Possession of firearm or knife during commission of or attempt to commit certain crimes.
16-11-107. Harming a law enforcement animal.
16-11-107.1. Harassment of assistance dog by humans or other dogs; penalty.
16-11-108. Misuse of firearm or archery tackle while hunting.
16-11-109. Activities prohibited to person charged with violation of subsection (a) of Code Section 16-11-108; penalty for violation of Code section; surrender of hunting license.
16-11-110. Revocation of hunting license for violation of subsection (a) of Code Section 16-11-108 or subsection (a) of Code Section 16-11-109.
16-11-111. "Anhydrous ammonia" defined; crime for possession.
16-11-112. Vehicles with false or secret compartments.
16-11-113. Offense of transferring firearm to individual other than actual buyer; penalty.

Part 2 POSSESSION OF DANGEROUS WEAPONS.

16-11-120. Short title.
16-11-121. Definitions.
16-11-122. Possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon prohibited.
16-11-123. Unlawful possession of firearms or weapons.
16-11-124. Exemptions from application of part.
16-11-125. Burden of proof as to exemptions.

Part 3 CARRYING AND POSSESSION OF FIREARMS.

16-11-125.1. Definitions.
16-11-126. Having or carrying handguns, long guns, or other weapons; license requirement; exceptions for homes, motor vehicles, private property, and other locations and conditions.
16-11-127. Carrying weapons in unauthorized locations.
16-11-127.1. Carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school.
16-11-127.2. Weapons on premises of nuclear power facility.
16-11-128. Carrying pistol without license.
16-11-129. (See Editor's notes.) Weapons carry license; gun safety information; temporary renewal permit; mandamus; verification of license.
16-11-130. Exemptions from Code Sections 16-11-126 through 16-11-127.2
16-11-130.1. Allowing personnel to carry weapons within certain school safety zones and at school functions.
16-11-130.2. Carrying a weapon or long gun at a commercial service airport.
16-11-131. Possession of firearms by convicted felons and first offender probationers.
16-11-132. Possession of handgun by person under the age of 18 years.
16-11-133. Minimum periods of confinement for persons convicted who have prior convictions.
16-11-134. Discharging firearm while under the influence of alcohol or drugs.
16-11-135. Public or private employer's parking lots; right of privacy in vehicles in employer's parking lot or invited guests on lot; severability; rights of action.
16-11-136. Restrictions on possession, manufacture, sale, or transfer of knives.
16-11-137. Required possession of weapons carry license or proof of exemption when carrying a weapon; detention for investigation of carrying permit.
16-11-138. Defense of self or others as absolute defense.

Part 4 ANTITERRORISTIC TRAINING.

16-11-150. Short title.
16-11-151. Prohibited training.
16-11-152. Authorized training.

Part 4A ENHANCED CRIMINAL PENALTIES.

16-11-160. Use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms with silencers during commission of certain offenses; enhanced criminal penalties.
16-11-161. Consistent local laws or ordinances authorized.
16-11-162. Exemption for use of force in defense of others.

Part 5 BRADY LAW REGULATIONS.

16-11-170. Intent to provide state background check law; construction of part [Repealed].
16-11-171. Definitions.
16-11-172. Transfers or purchases of firearms subject to the NICS; information concerning persons who have been involuntarily hospitalized to be forwarded to the FBI; penalties for breach of confidentiality; exceptions.
16-11-173. (See Editor's notes.) Legislative findings; preemption of local regulation and lawsuits; exceptions.
16-11-174 through 16-11-184. [Repealed].

Article 5 Offenses Involving Illegal Aliens.

16-11-200. Definitions; offense of transporting or moving illegal aliens; exceptions; penalties.
16-11-201. Definitions; offense of concealing, harboring, or shielding an illegal alien; penalties; exceptions.
16-11-202. Illegal alien defined; offense of inducing an illegal alien to enter state; penalties.
16-11-203. Authority of law enforcement officers to enforce federal immigration laws; documentation.

Article 6 Domestic Terrorism.

16-11-220. Definitions.
16-11-221. Penalties.
16-11-222. Persons and conduct subject to prosecution for offense of domestic terrorism.
16-11-223. Jurisdiction for prosecutions.
16-11-224. Construction; constitutional protections.

Law reviews.

- For annual survey article discussing developments in criminal law, see 52 Mercer L. Rev. 167 (2000).

ARTICLE 1 TREASON AND OTHER SUBVERSIVE ACTIVITIES

Cross references.

- Misuse and abuse of the state or Confederate flag or emblem, §§ 50-3-8,50-3-9, and50-3-11.

JUDICIAL DECISIONS

Cited in Georgia Conference of Am. Ass'n of Univ. Professors v. Board of Regents, 246 F. Supp. 553 (N.D. Ga. 1965).

PART 1 GENERAL PROVISIONS

RESEARCH REFERENCES

ALR.

- Validity of legislation directed against social or industrial propaganda deemed to be of a dangerous tendency, 1 A.L.R. 336; 20 A.L.R. 1535; 73 A.L.R. 1494.

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