PocketLaw | Georgia Code | Advocating Overthrow of Government

Advocating Overthrow of Government

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As used in this Code section, the term:
1. "Organization" means any corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject.
2. "Subversive organization" means any organization which engages in or advocates, abets, advises, or teaches, or which has a purpose of engaging in or advocating, abetting, advising, or teaching activities intended to overthrow, to destroy, or to assist in the overthrow or destruction of the government of the state or of any political subdivision thereof by force or violence.
A person commits the offense of advocating the overthrow of the government if he knowingly and willfully commits any of the following acts:
1. Advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the state or any political subdivision thereof by force or violence;
2. Prints, publishes, edits, issues, circulates, sells, distributes, exhibits, or displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the state or of any political subdivision thereof by force or violence;
3. Assists in the formation, participates in the management, or contributes to the support of any subversive organization, knowing the purpose thereof;
4. Becomes a member or continues to be a member of a subversive organization, knowing the purpose thereof;
5. Destroys any books, records, or files or secretes any funds in this state of a subversive organization, knowing the organization to be such; or
6. Conspires with one or more persons to commit any of the acts prohibited by this Code section.
A person convicted of violating any provision of this Code section shall be punished by a fine of not more than $20,000.00 or by imprisonment for not less than one nor more than 20 years, or both.

(Code 1933, § 26-2204, enacted by Ga. L. 1968, p. 1249, § 1.)

Cross references.

- Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Penal Code 1910, § 58 are included in the annotations for this Code section.

Basis of offense is involvement in circulation of printed material, not its contents.

- Gist of offense is circulating or being concerned in circulating or printing any writing for purpose stated in the statute. Contents of writing do not form gist or basis of offense and need not be stated in indictment. Dalton v. State, 176 Ga. 645, 169 S.E. 198 (1933) (decided under former Penal Code 1910, § 58).

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sedition, Subversive Activities, and Treason, §§ 3 et seq., 49 et seq.

PART 2 SEDITION AND SUBVERSIVE ACTIVITIES

Cross references.

- Eligibility of subversive persons for nomination or election to public office, § 21-2-7.

Bioterrorism and public health emergencies, § 31-12-1.1.

OPINIONS OF THE ATTORNEY GENERAL

Public educational institutions are subject to this Act.

- Public educational institutions supported in whole or part by state funds are subject to provisions of Sedition and Subversive Activities Act, O.C.G.A. § 16-11-5 et seq. 1954-56 Op. Att'y Gen. p. 619.

RESEARCH REFERENCES

ALR.

- Political principles or affiliations as ground for refusal of government officials to file certificate of nomination or take other steps necessary to representation of party or candidate upon official ticket, 130 A.L.R. 1471.

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