2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 9 - Forgery and Fraudulent Practices
Article 8 - Identity Fraud
§ 16-9-126. Penalty for Violations
- A violation of this article, other than a violation of Code Section 16-9-121.1 or 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both.
(a.1) A violation of Code Section 16-9-121.1 shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000.00, or both, and such sentence shall run consecutively to any other sentence which the person has received.
- A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000.00, or both.
- Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud.
- Each violation of this article shall constitute a separate offense.
- Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction.
History. Code 1981, § 16-9-125 , enacted by Ga. L. 1998, p. 865, § 2; Code 1981, § 16-9-126 , as redesignated by Ga. L. 2002, p. 551, § 2; Ga. L. 2007, p. 450, § 6/SB 236; Ga. L. 2011, p. 794, § 5/HB 87.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2007, in subsection (b), a comma was inserted following “resource” and a comma was deleted following “21 years of age”.
Editor’s notes.
Ga. L. 2002, p. 551, § 2, effective May 2, 2002, redesignated the former provisions of this Code section as Code Section 16-9-127.
Ga. L. 2007, p. 450, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Personal Identity Protection Act.’ ”
Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Illegal Immigration Reform and Enforcement Act of 2011.’ ”
Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides for severability, and provides, in part, that: “(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.
“(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights.”
Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to offenses and violations occurring on or after July 1, 2011.
Law reviews.
For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 35 (2011).
