(a) A person commits the offense of aggravated assault when he or she assaults:
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c), (d), (e), (f), (g), and (h) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
(Top)(a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang through a pattern of criminal gang activity.
(b) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived there from any interest in or control of any real or personal property of any nature, including money.
(c) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity.
(d) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang.
(e) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang.
(f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang.
(g)(1) Any person who violates subsection (a) or (b) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three nor more than 15 years or by a fine of not less than $5,000.00 nor more than $10,000.00, or both.
(2) Any person who violates subsection (c) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law.
(3) Any person who violates subsection (d), (e), or (f) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one nor more than ten years.
(h) Any crime committed in violation of this Code section shall be considered a separate offense.
(Top)(a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang through a pattern of criminal gang activity.
(b) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived there from any interest in or control of any real or personal property of any nature, including money.
(c) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity.
(d) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang.
(e) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang.
(f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang.
(g)(1) Any person who violates subsection (a) or (b) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three nor more than 15 years or by a fine of not less than $5,000.00 nor more than $10,000.00, or both.
(2) Any person who violates subsection (c) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law.
(3) Any person who violates subsection (d), (e), or (f) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one nor more than ten years.
(h) Any crime committed in violation of this Code section shall be considered a separate offense.
(Top)A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceeding.
The commission of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity.
(Top)(d) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang.
(e) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang.
(f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang.
(g)(1) Any person who violates subsection (a) or (b) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three nor more than 15 years or by a fine of not less than $5,000.00 nor more than $10,000.00, or both.
(2) Any person who violates subsection (c) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law.
(3) Any person who violates subsection (d), (e), or (f) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one nor more than ten years.
(h) Any crime committed in violation of this Code section shall be considered a separate offense.
(Top)As used in this chapter, the term:
(1) "Criminal street gang" means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in a pattern of criminal gang activity as defined in subsection (2) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics.
(2) "Pattern of criminal gang activity" means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two of the following offenses, provided that at least one of these offenses occurred after July 1, 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity:
(A) Any offense defined as racketeering activity by Code Section 16-14-3;
(B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking;
(C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery;
(D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement;
(E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices;
(F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the security of state or county correctional facilities; and
(G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody.
(Top)Each educational facility which employs campus policemen, including institutions of the University System of Georgia, shall report to the Georgia Bureau of Investigation and to the local law enforcement agency incidents of criminal gang activity as defined by Code Section 16-15-3 which occur on or adjacent to the campus of such educational facility.
(Top)(a)(1) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses:
(L) Participation in criminal gang activity as defined in Code Section 16-15-4.
(Top)As used in this chapter, the term "graffiti" means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.
(a) In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to property in the second degree in violation of Code Section 16-7-23, either of which crime involved the unlawful placement of graffiti upon private property by a person who was not the owner of such property, the Board of Corrections or any political subdivision of this state may authorize the use of labor by inmates from any penal institution or jail under its authority to remove or obliterate such unlawfully placed graffiti when such graffiti is visible from any public road or other public property. Any such authorization and related supervision of inmates shall be a discretionary function within the meaning of paragraph (2) of Code Section 50-21-24 for purposes of sovereign immunity, and the sovereign immunity of neither the state nor any political subdivision thereof is waived for any loss arising out of such authorization or related supervision of inmates. The Board of Corrections shall provide rules and regulations governing such use of labor by inmates from institutions under its jurisdiction.
(b) No graffiti removal program operated by any political subdivision of this state shall charge any fee to any property owner or operator for removal of graffiti from such property.
(Top)This chapter shall be known and may be cited as the "Georgia Street Gang Terrorism and Prevention Act."
(a) The General Assembly finds and declares that it is the right of every person
to be secure and protected from fear, intimidation, and physical harm caused
by the activities of violent groups and individuals. It is not the intent of
this chapter to interfere with
the exercise of the constitutionally protected rights of freedom of expression
and association. The General Assembly recognizes the constitutional right of
every citizen to harbor and express beliefs on any lawful subject whatsoever,
to associate lawfully with others who share similar beliefs, to petition lawfully
constituted authority for a redress of perceived grievances, and to participate
in the electoral process.
(b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected.
(c) The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs which together are the chief source of terror created by street gangs.
(d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs.
There shall be established as part of the Prosecuting Attorney's Council the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to $5,000.00 reward for information leading to the arrest and conviction of any person involved in criminal street gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more.
However, if the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an offense under the laws of any other state or of the United States which offense if committed in this state would be a serious violent felony, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required or assure the safety of any other person or the community. As used in this subsection, the term "serious violent felony" means a serious violent felony as defined in Code Section 17-10-6.1.
(f)(4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3, the court shall require increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and that the defendant shall not have contact of any kind or character with the victim or any member of the victim’s family or household.
The General Assembly finds and declares that:
(1) Criminal street gang activity is a serious and continuing public safety concern;
(2) Criminal trespass and criminal damage to property in the second degree caused by graffiti being placed unlawfully upon private property are crimes frequently associated with criminal street gang activity; and
(3) It is in the public interest, not only in the pursuit of justice but also as a means of combating such criminal street gang activity and of contributing to the general public welfare by improving the esthetics of public views, to compensate as provided in this chapter those private property owners who are the innocent victims of such criminal trespass or criminal damage to property in the second degree by using inmate labor to remove or obliterate graffiti unlawfully placed on private properties when such graffiti is visible from public roads or other public property.
(Top)(a) Any real property which is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by Title 41, relating to nuisances.
(b) An action to abate a nuisance pursuant to this code section may be brought by the district attorney, solicitor-general, prosecuting attorney of a municipal court or city, or county attorney in any superior, state, or municipal court.
(c) Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages; provided, however, that no cause of action shall arise under this subsection as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by Chapter 5 of Title 10 or by the federal Securities and Exchange Commission. Such person shall also recover attorney's fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section 16-15-2.
(d) The state, any political subdivision thereof, or any person aggrieved by a pattern of gang activity may bring an action to enjoin violations of this chapter in the same manner as provided in Code Section 16-14-6.