Current through 2019-2020 Chapter 609
Section 16-14-3 - Definitions
As used in this chapter, the term:(1) "Civil forfeiture proceeding" shall have the same meaning as set forth in Code Section 9-16-2.(2) "Criminal proceeding" means any criminal proceeding commenced by the Department of Law or the office of any district attorney under any provision of this chapter.(3) "Enterprise" means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities.(4) "Pattern of racketeering activity" means:(A) Engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or(B) Engaging in any one or more acts of domestic terrorism as described in subsection (a) of Code Section 16-11-220 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto.(5) (A) "Racketeering activity" means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the laws of this state involving:(i) Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Section 3-3-27;(ii) Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7;(iii) The "Georgia Uniform Securities Act of 2008" in violation of Chapter 5 of Title 10;(iv) Homicide in violation of Article 1 of Chapter 5 of this title;(v) Assault and battery in violation of Article 2 of Chapter 5 of this title;(vi) Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title;(vii) Prostitution, keeping a place of prostitution, pimping, and pandering in violation of Code Sections 16-6-9 through 16-6-12 ;(viii) Burglary in violation of Code Section 16-7-1;(ix) Smash and grab burglary in violation of Code Section 16-7-2;(x) Arson and explosives in violation of Article 3 of Chapter 7 of this title;(xi) Bombs, explosives, and chemical and biological weapons in violation of Article 4 of Chapter 7 of this title;(xii) Theft in violation of Article 1 of Chapter 8 of this title;(xiii) Robbery in violation of Article 2 of Chapter 8 of this title;(xiv) Criminal reproduction and sale of recorded material in violation of Article 3 of Chapter 8 of this title;(xv) The "Georgia Residential Mortgage Fraud Act" in violation of Article 5 of Chapter 8 of this title;(xvi) Forgery in any degree in violation of Code Section 16-9-1;(xvii) Illegal use of financial transaction cards in violation of Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34;(xviii) Use of an article with an altered identification mark in violation of Code Section 16-9-70;(xix) The "Georgia Computer Systems Protection Act" in violation of Article 6 of Chapter 9 of this title;(xx) Identity fraud in violation of Article 8 of Chapter 9 of this title;(xxi) Bribery in violation of Code Section 16-10-2;(xxii) False statements and writings or false lien statements against public officers or public employees in violation of Code Section 16-10-20 or 16-10-20.1;(xxiii) Impersonating a public officer or employee in violation of Code Section 16-10-23;(xxiv) Attempted murder or threatening of witnesses in official proceedings in violation of Code Section 16-10-32;(xxv) Perjury and other related offenses in violation of Article 4 of Chapter 10 of this title;(xxvi) Embracery in violation of Code Section 16-10-91;(xxvii) Influencing witnesses in violation of Code Section 16-10-93;(xxviii) Tampering with evidence in violation of Code Section 16-10-94;(xxix) Intimidation or injury of grand or trial juror or court officer in violation of Code Section 16-10-97;(xxx) Terroristic threats and acts in violation of Code Section 16-11-37;(xxxi) The "Georgia Firearms and Weapons Act" in violation of Part 2 of Article 4 of Chapter 11 of this title;(xxxii) Commercial gambling in violation of Code Section 16-12-22;(xxxiii) Distributing obscene materials in violation of Code Section 16-12-80;(xxxiv) The "Georgia Controlled Substances Act" in violation of Article 2 of Chapter 13 of this title;(xxxv) The "Dangerous Drug Act" in violation of Article 3 of Chapter 13 of this title;(xxxvi) Marijuana in violation of subsection (j) of Code Section 16-13-30;(xxxvii) Payday loans in violation of Chapter 17 of this title;(xxxviii) Insurance fraud in violation of Code Section 33-1-9;(xxxix) Certain felonies involving certificates of title, security interest, or liens in violation of Code Section 40-3-90;(xl) Removal or falsification of identification numbers in violation of Code Section 40-4-21;(xli) Possession of motor vehicle parts from which the identification has been removed in violation of Code Section 40-4-22; or(xlii) Article 8 of Chapter 5 of Title 16, relating to protection of elder persons.(B) "Racketeering activity" shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States, any territory of the United States, or any state and which is punishable by imprisonment for more than one year.(C) "Racketeering activity" shall also mean any conduct defined as "racketeering activity" under 18 U.S.C. Section 1961(1), any violation of 18 U.S.C. Section 1028, or any violation of 31 U.S.C. Sections 5311 through 5330.(6) "Real property" means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.Amended by 2020 Ga. Laws 521,§ 16, eff. 7/29/2020.Amended by 2019 Ga. Laws 30,§ 2-5, eff. 7/1/2019.Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.Amended by 2015 Ga. Laws 86,§ 1-4, eff. 7/1/2015.Amended by 2015 Ga. Laws 9,§ 16, eff. 3/13/2015.Amended by 2012 Ga. Laws 709,§ VIII-8-6, eff. 7/1/2012.Amended by 2012 Ga. Laws 582,§ 2, eff. 7/1/2012.Amended by 2012 Ga. Laws 639,§ 2, eff. 5/1/2012.Amended by 2011 Ga. Laws 245,§ 16, eff. 5/13/2011.Amended by 2011 Ga. Laws 50,§ 1-64, eff. 7/1/2011.Amended by 2010 Ga. Laws 674,§ 8, eff. 7/1/2010.Amended by 2008 Ga. Laws 528,§ 9, eff. 7/1/2009.Amended by 2006 Ga. Laws 451,§ 2, eff. 7/1/2006.Amended by 2005 Ga. Laws 46,§ 5, eff. 7/1/2005.Amended by 2005 Ga. Laws 162,§ 3, eff. 5/5/2005.Amended by 2004 Ga. Laws 440, § 2, eff. 5/1/2004.Amended by 2004 Ga. Laws 460, § 4, eff. 7/1/2005Amended by 2003 Ga. Laws 97, eff. 5/30/2003.Amended by 2002 Ga. Laws 956, eff. 5/16/2002.Amended by 2001 Ga. Laws 267, eff. 7/1/2001.