2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 14 - Racketeer Influenced and Corrupt Organizations
§ 16-14-11. Venue

In any criminal proceeding, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained.

(Code 1933, § 26-3410, enacted by Ga. L. 1982, p. 1385, § 6; Code 1981, §16-14-11, enacted by Ga. L. 1982, p. 1385, § 12; Ga. L. 2015, p. 693, § 2-25/HB 233.)

- 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."

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

Venue adequately shown.

- Defendants' RICO convictions under O.C.G.A. § 16-14-4 were upheld on appeal as sufficient evidence was presented that at least one predicate act of the conspiracy took place in Newton County, Georgia; moreover, any error in instructing the jury that the jury could find venue in any county where interest or control of an enterprise or property was acquired or maintained lacked merit. Graham v. State, 282 Ga. App. 576, 639 S.E.2d 384 (2006).

Venue for charges under the Georgia Racketeer and Corrupt Organizations Act (RICO), O.C.G.A. § 16-14-1 et seq., was proper against one of the three defendants in Cobb County pursuant to O.C.G.A. § 16-14-11, even though the defendant was acquitted of a conspiracy charge and the defendant personally committed no acts in Cobb County. Lowery v. State, 347 Ga. App. 26, 815 S.E.2d 625 (2018).

Cited in Chancey v. State, 256 Ga. 415, 349 S.E.2d 717 (1986); Davitte v. State, 238 Ga. App. 720, 520 S.E.2d 239 (1999); Brannon v. State, 243 Ga. App. 28, 530 S.E.2d 761 (2000).