2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 14 - Racketeer Influenced and Corrupt Organizations
§ 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:
   1. 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
   2. 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. 1. "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:
      1. Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Section 3-3-27;
      2. Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7;
      3. The "Georgia Uniform Securities Act of 2008" in violation of Chapter 5 of Title 10;
      4. Homicide in violation of Article 1 of Chapter 5 of this title;
      5. Assault and battery in violation of Article 2 of Chapter 5 of this title;
      6. Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title;
      7. Prostitution, keeping a place of prostitution, pimping, and pandering in violation of Code Sections 16-6-9 through 16-6-12;
      8. Burglary in violation of Code Section 16-7-1;
      9. Smash and grab burglary in violation of Code Section 16-7-2;
      10. Arson and explosives in violation of Article 3 of Chapter 7 of this title;
      11. Bombs, explosives, and chemical and biological weapons in violation of Article 4 of Chapter 7 of this title;
      12. Theft in violation of Article 1 of Chapter 8 of this title;
      13. Robbery in violation of Article 2 of Chapter 8 of this title;
      14. Criminal reproduction and sale of recorded material in violation of Article 3 of Chapter 8 of this title;
      15. The "Georgia Residential Mortgage Fraud Act" in violation of Article 5 of Chapter 8 of this title;
      16. Forgery in any degree in violation of Code Section 16-9-1;
      17. Illegal use of financial transaction cards in violation of Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34;
      18. Use of an article with an altered identification mark in violation of Code Section 16-9-70;
      19. The "Georgia Computer Systems Protection Act" in violation of Article 6 of Chapter 9 of this title;
      20. Identity fraud in violation of Article 8 of Chapter 9 of this title;
      21. Bribery in violation of Code Section 16-10-2;
      22. 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;
      23. Impersonating a public officer or employee in violation of Code Section 16-10-23;
      24. Attempted murder or threatening of witnesses in official proceedings in violation of Code Section 16-10-32;
      25. Perjury and other related offenses in violation of Article 4 of Chapter 10 of this title;
      26. Embracery in violation of Code Section 16-10-91;
      27. Influencing witnesses in violation of Code Section 16-10-93;
      28. Tampering with evidence in violation of Code Section 16-10-94;
      29. Intimidation or injury of grand or trial juror or court officer in violation of Code Section 16-10-97;
      30. Terroristic threats and acts in violation of Code Section 16-11-37;
      31. The "Georgia Firearms and Weapons Act" in violation of Part 2 of Article 4 of Chapter 11 of this title;
      32. Commercial gambling in violation of Code Section 16-12-22;
      33. Distributing obscene materials in violation of Code Section 16-12-80;
      34. The "Georgia Controlled Substances Act" in violation of Article 2 of Chapter 13 of this title;
      35. The "Dangerous Drug Act" in violation of Article 3 of Chapter 13 of this title;
      36. Marijuana in violation of subsection (j) of Code Section 16-13-30;
      37. Payday loans in violation of Chapter 17 of this title;
      38. Insurance fraud in violation of Code Section 33-1-9;
      39. Certain felonies involving certificates of title, security interest, or liens in violation of Code Section 40-3-90;
      40. Removal or falsification of identification numbers in violation of Code Section 40-4-21;
      41. Possession of motor vehicle parts from which the identification has been removed in violation of Code Section 40-4-22; or
      42. Article 8 of Chapter 5 of Title 16, relating to protection of elder persons.
   2. "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.
   3. "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.

(Code 1933, § 26-3402, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 1982, p. 1385, §§ 2, 8; Ga. L. 1983, p. 3, § 13; Ga. L. 1984, p. 22, § 16; Ga. L. 1989, p. 14, § 16; Ga. L. 1990, p. 8, § 16; Ga. L. 1994, p. 1625, § 4; Ga. L. 1996, p. 416, § 8; Ga. L. 1998, p. 128, § 16, Ga. L. 1998, p. 270, § 7; Ga. L. 1999, p. 81, § 16; Ga. L. 2001, p. 858, § 1; Ga. L. 2002, p. 551, § 3; Ga. L. 2002, p. 1284, § 3; Ga. L. 2003, p. 387, § 1; Ga. L. 2004, p. 60, § 2; Ga. L. 2004, p. 161, § 4; Ga. L. 2005, p. 199, § 5/SB 62; Ga. L. 2005, p. 848, § 3/SB 100; Ga. L. 2006, p. 69, § 2/HB 804; Ga. L. 2008, p. 381, § 9/SB 358; Ga. L. 2010, p. 1147, § 8/HB 1104; Ga. L. 2011, p. 59, § 1-64/HB 415; Ga. L. 2011, p. 752, § 16/HB 142; Ga. L. 2012, p. 90, § 2/HB 997; Ga. L. 2012, p. 637, § 2/HB 1114; Ga. L. 2012, p. 899, § 8-6/HB 1176; Ga. L. 2015, p. 5, § 16/HB 90; Ga. L. 2015, p. 598, § 1-4/HB 72; Ga. L. 2015, p. 693, § 2-25/HB 233; Ga. L. 2019, p. 74, § 2-5/SB 158; Ga. L. 2020, p. 493, § 16/SB 429.)

The 2019 amendment, effective July 1, 2019, substituted "pimping, and pandering in violation of Code Sections 16-6-9 through 16-6-12;" for "pimping, pandering, and pandering by compulsion in violation of Code Sections 16-6-9 through 16-6-12 and 16-6-14;" in division (5)(A)(vii). See Editor's note for applicability.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "Code Section 16-11-220" for "Code Section 16-4-10" in subparagraph (4)(B).

- Ga. L. 1994, p. 1625, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Anti-motor Vehicle Hijacking Act of 1994'."

Ga. L. 2001, p. 858, § 2, not codified by the General Assembly, provides that this Act shall apply with respect to a pattern of racketeering activity where at least one act of racketeering activity occurs on or after July 1, 2001. Prior law shall continue to apply with respect to a pattern of racketeering activity which does not include at least one act of racketeering activity occurring on or after July 1, 2001.

Ga. L. 2002, p. 1284, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as 'Georgia's Homeland Defense Act'."

Ga. L. 2002, p. 1284, § 4, not codified by the General Assembly, provides, in part, that the provisions of this Act defining, redefining, or changing the punishment for crimes shall apply with respect to acts committed on or after May 16, 2002; and in these respects prior law shall continue to apply with respect to acts committed prior to May 16, 2002.

Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides: "All appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."

Ga. L. 2005, p. 199, § 1/SB 62, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Slam Spam E-mail Act.'"

Ga. L. 2005, p. 199, § 2/SB 62, not codified by the General Assembly, provides: "The General Assembly finds and declares that electronic mail has become an important and popular means of communication, relied on by millions of Georgians on a daily basis for personal and commercial purposes. The low cost and global reach of electronic mail make it convenient and efficient. Electronic mail serves as a catalyst for economic development and frictionless commerce. The General Assembly further finds that the convenience and efficiency of electronic mail is threatened by an ever-increasing glut of deceptive commercial electronic mail. The senders of these electronic messages engage in a variety of fraudulent and deceptive practices to hide their identities, to disguise the true source of their electronic mail, and to evade the criminal and civil consequences of their actions. Deceptive commercial electronic mail imposes costs upon its ultimate recipients who are forced to receive, review, and delete unwanted messages and upon the electronic mail service providers forced to carry the messages. The General Assembly further finds that our state has a paramount interest in protecting its businesses and citizens from the deleterious effects of deceptive commercial electronic mail, including the impermissible shifting of cost and economic burden that results from the false and fraudulent nature of deceptive commercial electronic mail. Georgia's enforcement of this interest imposes no additional burden upon the senders of such electronic mails in relation to the laws of any other state, in that such enforcement requires nothing more than the senders' forbearance from active deception."

Ga. L. 2005, p. 848, § 1/SB 100, not codified by the General Assembly, provides: "The General Assembly finds and declares that fraud involving residential mortgages is at an all-time high in the United States and in Georgia. Mortgage lending institutions and borrowers have suffered hundreds of millions of dollars in losses due to residential mortgage fraud. Homeowners in neighborhoods plagued by mortgage fraud have witnessed the deterioration of their neighborhoods. Fraudulently inflated property values in their neighborhoods have resulted in substantial increases in property taxes. The General Assembly therefore concludes that for the protection of the general public, and particularly for the protection of borrowers, homeowners, lending institutions, and the integrity of the mortgage lending process, the 'Georgia Residential Mortgage Fraud Act' shall be enacted."

Ga. L. 2011, p. 59, § 1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'".

Ga. L. 2012, p. 637, § 4/HB 1114, not codified by the General Assembly, provides that: "This Act shall not apply to any offense committed before the effective date of this Act." This Act became effective May 1, 2012.

Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

Ga. L. 2015, p. 5, § 54(e)/HB 90, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2015 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to this Code section by Ga. L. 2015, p. 5, § 16/HB 90, was not given effect.

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."

Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Anti-Human Trafficking Protective Response Act.'"

Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction."

- For annual survey on criminal law and procedure, see 42 Mercer L. Rev. 141 (1990). For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U.L. Rev. 80 (1998). For article on 2004 amendment of this Code section, see 21 Ga. St. U.L. Rev. 59 (2004). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 49 (2005). For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 209 (2011). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 278 (2012). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 63 (2019). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 99 (1994). For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 95 (2002).

ANALYSIS

• General Consideration
• Application

OPINIONS OF THE ATTORNEY GENERAL

"Alien corporations."

- Territorial and District of Columbia corporations are organized under the laws of the United States and do not fall within the meaning of "alien corporation" as defined in former paragraph (1) of O.C.G.A. § 16-14-3. 1982 Op. Att'y Gen. No. 82-89.

RESEARCH REFERENCES

ALR.

- Validity of criminal state Racketeer Influenced and Corrupt Organizations Acts and similar acts related to gang activity and the like, 58 A.L.R. 6th 385.