PocketLaw | Georgia Code | Harboring, Concealing, or Withholding

Harboring, Concealing, or Withholding Information Concerning a Sexual Offender; Penalties

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As used in this Code section, the term "law enforcement unit" means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections, the Department of Community Supervision, and the State Board of Pardons and Paroles.
Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12:
1. Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor such sexual offender;
2. Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or
3. Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information
  commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years.

(Code 1981, §16-6-25, enacted by Ga. L. 2006, p. 379, § 17/HB 1059; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2015, p. 422, § 5-21/HB 310.)

Editor's notes.

- Ga. L. 2006, p. 379, § 1/HB 1059, not codified by the General Assembly, provides: "The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:

"(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space;

"(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;

"(3) Providing for community and public notification concerning the presence of sexual offenders;

"(4) Collecting data relative to sexual offenses and sexual offenders;

"(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and

"(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer.

"The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender."

Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on 2006 enactment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

JUDICIAL DECISIONS

Indictment insufficient.

- Because the indictment filed against both the defendants failed to allege that the defendants knew or reasonably believed that the person listed therein was an unregistered sexual offender, the trial court erred in denying the defendants' demurrer to the indictment as both defendants could admit to every allegation contained therein and still be innocent of the offense charged. Harris v. State, 290 Ga. App. 500, 659 S.E.2d 870 (2008).

CHAPTER 7 DAMAGE TO AND INTRUSION UPON PROPERTY Article 1 Burglary.

16-7-1. Burglary.
16-7-2. Smash and grab burglary; "retail establishment" defined; penalty.

Article 1A Home Invasion.

16-7-5. Home invasion in the first and second degree.

Article 2 Criminal Trespass and Damage to Property. Part 1 GENERAL PROVISIONS.

16-7-20. Possession of tools for the commission of crime.
16-7-21. Criminal trespass.
16-7-22. Criminal damage to property in the first degree.
16-7-23. Criminal damage to property in the second degree.
16-7-24. Interference with government property.
16-7-25. Damaging, injuring, or interfering with property of public utility companies, municipalities, or political subdivisions.
16-7-26. Vandalism to a place of worship.
16-7-27. Injuring, tearing down, or destroying mailboxes; injuring, defacing, or destroying mail.
16-7-28. Redesignated.
16-7-29. Interference with electronic monitoring devices; "electronic monitoring device" defined; penalty.

Part 2 LITTERING PUBLIC AND PRIVATE PROPERTY.

16-7-40. Short title [Repealed].
16-7-41. Legislative intent [Repealed].
16-7-42. Definitions.
16-7-43. Littering public or private property or waters; enforcing personnel.
16-7-44. Prima-facie evidence; rebuttable presumption.
16-7-45. Enforcement of this part.
16-7-46. Receptacles to be provided; notice to public.
16-7-47. Designation of containers for household garbage; misuse or vandalization of container.
16-7-48. Local ordinances regulating and controlling litter.

Part 3 WASTE CONTROL.

16-7-50. Short title [Repealed].
16-7-51. Definitions.
16-7-52. Unlawful dumping.
16-7-53. Penalties for unlawful dumping.
16-7-53.1. Vehicle impoundment for intentionally dumping egregious litter.
16-7-54. Evidence of identity of violator.
16-7-55. Enforcement of other laws, rules, or regulations not limited.
16-7-56. Title 12 provisions not affected.

Part 3A PLACEMENT OF POSTERS, SIGNS, AND ADVERTISEMENTS.

16-7-58. Prohibited placements of posters, signs, and advertisements.

Article 3 Arson and Explosives.

16-7-60. Arson in the first degree.
16-7-61. Arson in the second degree.
16-7-62. Arson in the third degree.
16-7-63. Burning of woodlands, brush, fields, or other lands; arson of lands; destruction of or damage to material or device used in detection or suppression of wildfires; penalties for violations.
16-7-64. Criminal possession of an explosive device [Repealed].

Article 4 Bombs, Explosives, and Chemical and Biological Weapons.

16-7-80. Definitions.
16-7-81. Explosive materials.
16-7-82. Manufacturing, transporting, distributing, possessing with intent to distribute, and offering to distribute an explosive device.
16-7-83. Persons convicted or under indictment for certain offenses.
16-7-84. Distribution of certain materials to persons under 21 years of age.
16-7-85. Hoax devices.
16-7-86. Attempt or conspiracy.
16-7-87. Interference with officers.
16-7-88. Possessing, transporting, or receiving explosives, destructive devices, bacteriological weapon, or biological weapon with intent to kill, injure, or intimidate individuals or destroy public buildings; sentencing; enhanced penalties.
16-7-89. Separate offenses.
16-7-90. Records and reports.
16-7-91. Searches and inspections.
16-7-92. Compelling attendance of witnesses and production of evidence.
16-7-93. Exceptions to applicability of provisions.
16-7-94. Agricultural activities.
16-7-95. Civil forfeiture for violations of article; special provisions for destructive material.
16-7-96. Admissible evidence.
16-7-97. Fertilizers and pesticides.

ARTICLE 1 BURGLARY

Cross references.

- Restitution and distribution of profits to victims of crimes, T. 17, C. 14.

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