2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 4 - Dangerous Instrumentalities and Practices
Part 4A - Enhanced Criminal Penalties
§ 16-11-160. Use of Machine Guns, Sawed-Off Rifles, Sawed-Off Shotguns, or Firearms With Silencers During Commission of Certain Offenses; Enhanced Criminal Penalties

Universal Citation: GA Code § 16-11-160 (2020)
    1. It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or 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:
      1. Aggravated assault as defined in Code Section 16-5-21;
      2. Aggravated battery as defined in Code Section 16-5-24;
      3. Robbery as defined in Code Section 16-8-40;
      4. Armed robbery as defined in Code Section 16-8-41;

        (D.1) Home invasion in any degree as defined in Code Section 16-7-5;

      5. Murder or felony murder as defined in Code Section 16-5-1;
      6. Voluntary manslaughter as defined in Code Section 16-5-2;
      7. Involuntary manslaughter as defined in Code Section 16-5-3;
      8. Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the "Georgia Controlled Substances Act";
      9. Terroristic threats or acts as defined in Code Section 16-11-37;
      10. Arson as defined in Code Section 16-7-60, 16-7-61, or 16-7-62 or arson of lands as defined in Code Section 16-7-63;
      11. Influencing witnesses as defined in Code Section 16-10-93; and
      12. Participation in criminal gang activity as defined in Code Section 16-15-4.
      1. As used in this paragraph, the term "bulletproof vest" means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as "threat level I," which means at least seven layers of bullet-resistant material providing protection from at least three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.
      2. It shall be unlawful for any person to wear a bulletproof vest during the commission or the attempted commission of any of the following offenses:
        1. Any crime against or involving the person of another in violation of any of the provisions of this title for which a sentence of life imprisonment may be imposed;
        2. Any felony involving the manufacture, delivery, distribution, administering, or selling of controlled substances or marijuana as provided in Code Section 16-13-30; or
        3. Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as provided in Code Section 16-13-31.
  1. Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of ten years, such sentence to run consecutively to any other sentence which the person has received. Any person who violates paragraph (2) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of one to five years, such sentence to run consecutively to any other sentence which the person has received.
  2. Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof.
  3. The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7.
  4. Any crime committed in violation of this Code section shall be considered a separate offense.

(Code 1981, §16-11-160, enacted by Ga. L. 1996, p. 354, § 1; Ga. L. 2003, p. 256, § 1; Ga. L. 2008, p. 444, § 4/SB 400; Ga. L. 2014, p. 426, § 6/HB 770; Ga. L. 2015, p. 5, § 16/HB 90.)

Law reviews.

- For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 95 (2003).

JUDICIAL DECISIONS

Evidence sufficient to support conviction.

- Evidence that showed defendant and other members of the gang attacked rival gang members outside a restaurant and that defendant fired two shots into the back of the brother of two rival gang members after the victim had been beaten with a small bat, that defendant stated to another gang member that defendant had shot the victim, and that the gun used to kill the victim was found in defendant's backyard, supported the convictions for felony murder and possession of a firearm during the commission of a felony. Yat v. State, 279 Ga. 611, 619 S.E.2d 637 (2005).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of state statutes criminalizing possession of body armor by felon convicted of violent crime, 31 A.L.R.6th 615.

Validity, construction, and application of 18 U.S.C.S. § 931 criminalizing possession of body armor by felon convicted of violent crime, 21 A.L.R. Fed. 2d 361.

What constitutes "possession" of firearm for purposes of 18 U.S.C.A. § 924(c)(1), providing penalty for possession of firearm in furtherance of drug trafficking crime or crime of violence, 89 A.L.R. Fed. 2d 37.

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