2024 CODE OF GEORGIA
Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10)
Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157)
Article 9 - GEORGIA COMPUTER SECURITY ACT OF 2005 (§§ 16-9-150 — 16-9-157)
Section 16-9-155 - Penalties

• (a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152, subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153, or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.

• (b) The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following:
  • (1) A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations;
  • (2) Costs and reasonable attorney's fees; and
  • (3) An order to enjoin the violation.

• (c) In the case of a violation of subparagraph (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:
  • (1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call;
  • (2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls;
  • (3) Costs and reasonable attorney's fees; and
  • (4) An order to enjoin the violation.

• (d) An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following:
  • (1) Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations;
  • (2) Costs and reasonable attorney's fees; and
  • (3) An order to enjoin the violation.

Amended by 2006 Ga. Laws 453,§ 16, eff. 4/14/2006.

Added by 2005 Ga. Laws 389,§ 1, eff. 5/10/2005.