2023 CODE OF GEORGIA
Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10)
Chapter 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY (§§ 16-11-1 — 16-11-224)
Article 2 - OFFENSES AGAINST PUBLIC ORDER (§§ 16-11-30 — 16-11-45)
Section 16-11-39.1 - Harassing communications; venue; separate offenses; impact on free speech

• (a) A person commits the offense of harassing communications if such person:
  • (1) Contacts another person repeatedly via telecommunication, e-mail, text messaging, or any other form of electronic communication for the purpose of harassing, molesting, threatening, or intimidating such person or the family of such person;
  • (2) Threatens bodily harm via telecommunication, e-mail, text messaging, or any other form of electronic communication;
  • (3) Telephones another person and intentionally fails to hang up or disengage the connection; or
  • (4) Knowingly permits any device used for telecommunication, e-mail, text messaging, or any other form of electronic communication under such person's control to be used for any purpose prohibited by this subsection.

• (b) Any person who commits the offense of harassing communications shall be guilty of a misdemeanor.

• (c) The offense of harassing communications shall be considered to have been committed in the county where:
  • (1) The defendant was located when he or she placed the telephone call or transmitted, sent, or posted an electronic communication; or
  • (2) The telephone call or electronic communication was received.

• (d) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.

• (e) This Code section shall not apply to constitutionally protected speech.

Amended by 2015 Ga. Laws 40,§ 2-1, eff. 7/1/2015.