Criminal Penalties for Violation of Code Section 16-14-4

1. Law
2. Georgia Code
3. Crimes and Offenses
4. Racketeer Influenced and Corrupt Organizations
5. Criminal Penalties for Violation of Code Section 16-14-4

1. 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.
2. In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in conduct 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.
3. The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this Code section.
4. 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.

(Code 1933, § 26-3404, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 1985, p. 149, § 16; Ga. L. 2015, p. 693, § 2-25/HB 233.)

Editor's notes.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

When both alleged conspiracy and actual violation of O.C.G.A. § 16-14-4(b) charged the same acts, committed at the same time, by the same persons, as part of the same transactions, the count subjected the defendant to one conviction and one punishment. Washington v. State, 183 Ga. App. 422, 359 S.E.2d 198 (1987).

Cited in Russell Corp. v. BancBoston Fin. Co., 209 Ga. App. 660, 434 S.E.2d 716 (1993); McGee v. State, 255 Ga. App. 708, 566 S.E.2d 431 (2002); Williams Gen. Corp. v. Stone, 279 Ga. 428, 614 S.E.2d 758 (2005); Hill v. State, 315 Ga. App. 833, 729 S.E.2d 1 (2012).

RESEARCH REFERENCES

ALR.

- Construction and Application of Federal Racketeer and Corrupt Organization Act's (RICO) Remedial Provision, 18 U.S.C.A. § 1964(a), 23 A.L.R. Fed. 3d 6 (2017).

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