PocketLaw | Georgia Code | Civil Forfeiture

Civil Forfeiture

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As used in this Code section, the terms "civil forfeiture proceedings," "proceeds," and "property" shall have the same meanings as set forth in Code Section 9-16-2.
Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds are declared to be contraband and no person shall have a property right in them.
Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under this Code section.

(Code 1981, §16-8-106, enacted by Ga. L. 2005, p. 848, § 2/SB 100; Ga. L. 2015, p. 693, § 2-9/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).

CHAPTER 9 FORGERY AND FRAUDULENT PRACTICES Article 1 Forgery and Related Offenses.

16-9-1. Forgery; classification of forgery offenses.
16-9-2. Penalties for forgery.
16-9-3. "Writing" defined [Repealed].
16-9-4. Manufacturing, selling, or distributing false identification document; civil forfeiture; penalty.
16-9-5. Counterfeit or false proof of insurance document.
16-9-6. Punishment for fiduciary in violation of chapter.

Article 2 Deposit Account Fraud.

16-9-20. Deposit account fraud.
16-9-21. Printing, executing, or negotiating checks, drafts, orders, or debit card sales drafts knowing information thereon to be in error, fictitious, or assigned to another account holder.

Article 3 Illegal Use of Financial Transaction Cards.

16-9-30. Definitions.
16-9-31. Financial transaction card theft.
16-9-32. Forgery of financial transaction card.
16-9-33. Financial transaction card fraud.
16-9-34. Criminal possession of financial transaction card forgery devices.
16-9-35. Criminal receipt of goods and services fraudulently obtained.
16-9-36. Rebuttable presumption of criminal receipt of goods and services fraudulently obtained.
16-9-36.1. Criminal factoring of financial transaction card records.
16-9-37. Unauthorized use of financial transaction card; misuse of government issued cards.
16-9-38. Punishment and penalties.
16-9-39. Publication of information regarding schemes, devices, means, or methods for financial transaction card fraud or theft of telecommunication services.
16-9-40. Venue determinations.

Article 4 Fraud and Related Offenses.

16-9-50. Deceptive business practices.
16-9-51. Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest.
16-9-52. Improper solicitation of money.
16-9-53. Damaging, destroying, or secreting property to defraud another.
16-9-54. False statements by telephone solicitors.
16-9-55. Fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent.
16-9-56. Fraudulent attempts to obtain refunds.
16-9-57. False representation as representative of peace officer organization or fire service organization.
16-9-58. Failing to pay for natural products or chattels.
16-9-59. Operation of credit repair services organization.
16-9-60. "Foreclosure fraud" construed; penalty.
16-9-61. Misrepresenting the origin or ownership of timber or agricultural commodities.
16-9-62. Crimes utilizing automated sales suppression devices, zapper, or phantom-ware; penalties.
16-9-63. False representation as veteran.

Article 5 Removal or Alteration of Identification from Property.

16-9-70. Criminal use of an article with an altered identification mark.
16-9-71. Removal of collars or identifying items or marks on animals.

Article 6 Computer Systems Protection. Part 1 COMPUTER CRIMES.

16-9-90. Short title.
16-9-91. Legislative findings.
16-9-92. Definitions.
16-9-93. Computer crimes defined; exclusivity of article; civil remedies; criminal penalties.
16-9-93.1. Misleading transmittal and use of individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol over computer or telephone network; criminal penalty; civil remedies.
16-9-94. Venue.

Part 2 SPAM E-MAIL.

16-9-100. Definitions.
16-9-101. Initiation of deceptive commercial e-mail.
16-9-102. Penalties.
16-9-103. Venue.
16-9-104. Jurisdiction for prosecutions.
16-9-105. Civil actions.
16-9-106. Violations as separate offenses; construction with other laws; e-mail policies of service providers not limited or restricted.
16-9-107. No cause of action against service providers.

Part 3 INVESTIGATION OF VIOLATIONS.

16-9-108. Investigative and subpoena powers of district attorneys and the Attorney General.
16-9-109. Disclosures by service providers pursuant to investigations.

Part 4 INTERNET AND E-MAIL FRAUD.

16-9-109.1. Fraudulent business practices using Internet or e-mail; definitions; penalties and sanctions; immunity.

Article 7 Motor Vehicle Sales and Transfers.

16-9-110. Sale or transfer of new motor vehicles not manufactured in compliance with federal standards.
16-9-111. Importation, manufacture, selling, offering for sale, installation, or reinstallation of counterfeit, nonfunctional, and such other types of air bags.

Article 8 Identity Fraud.

16-9-120. Definitions.
16-9-121. Elements of offense.
16-9-121.1. Offense of aggravated identity fraud.
16-9-122. Attempting or conspiring to commit offense; penalty.
16-9-123. Investigations.
16-9-124. Prosecutions.
16-9-125. County of offense.
16-9-125.1. Victim's right to file report.
16-9-126. Penalty for violations.
16-9-127. Authority of Attorney General.
16-9-128. Exemptions.
16-9-129. Actual and punitive damages available to business victim.
16-9-130. Damages available to consumer victim; no defense that others engage in comparable practices; service of complaint.
16-9-131. Criminal prosecution.
16-9-132. Article cumulative and not exclusive.

Article 9 Computer Security.

16-9-150. Short title.
16-9-151. Definitions.
16-9-152. Spyware, browsers, hijacks, and other software prohibited.
16-9-153. E-mail virus distribution, denial of service attacks, and other conduct prohibited.
16-9-154. Inducement to install, copy, or execute software through misrepresentation prohibited.
16-9-155. Penalties.
16-9-156. Exceptions.
16-9-157. Legislative findings and preemption.

RESEARCH REFERENCES

ALR.

- False statement as to matter of record as false pretense within criminal statute, 56 A.L.R. 1217.

Appropriation or removal without payment of property delivered in expectation of immediate cash payment, as criminal offense, 83 A.L.R. 441.

Necessity of alleging and proving in prosecution for larceny, embezzlement, or receiving stolen property that "owner" of property, if not a natural person, was incorporated or otherwise a legal entity capable of owning property, 88 A.L.R. 485.

Offense of obtaining property by false pretenses predicated upon transaction involving conditional sales, 134 A.L.R. 874.

Admissibility to establish fraudulent purpose or intent, in prosecution for obtaining or attempting to obtain money or property by false pretenses, of evidence of similar attempts on other occasions, 78 A.L.R.2d 1359.

Stolen money or property as subject of larceny or robbery, 89 A.L.R.2d 1435.

Admissibility, in prosecution for obtaining money or property by fraud or false pretenses, of evidence of subsequent payments made by accused to victim, 10 A.L.R.3d 572.

When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.

Spouse's acceptance or retention of benefits of other spouse's fraudulent act as ratification of transaction, 82 A.L.R.3d 625.

ARTICLE 1 FORGERY AND RELATED OFFENSES

RESEARCH REFERENCES

ALR.

- Forgery: use of fictitious or assumed name, 49 A.L.R.2d 852.

Procuring signature by fraud as forgery, 11 A.L.R.3d 1074.

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