HB363: HB363 Crimes and offenses; criminal trespass; include religious worship and observance or acknowledging the death of an individual

Georgia's current criminal trespass law (O.C.G.A. § 16-7-21) covers various ways a person can unlawfully enter or interfere with another person's property. This bill adds a new type of trespass: knowingly entering someone else's property without permission and willfully and maliciously interrupting or disturbing a gathering held for religious worship or for acknowledging someone's death, such as a funeral or memorial. The new offense only applies if the disruption is severe enough that a reasonable person would conclude the disrupter poses a threat to the safety of people at the gathering. The bill does not change penalties elsewhere in the trespass statute; it simply adds this new subsection. It also includes a standard clause repealing any conflicting laws, and does not list a special effective date beyond the normal process for bills signed into law.

• Adds a new subsection (f) to Georgia's criminal trespass law (O.C.G.A. § 16-7-21) covering disruptions of religious gatherings and death-related gatherings like funerals.
• Makes it a form of criminal trespass to knowingly and without permission enter someone's property and willfully and maliciously disturb such a gathering.
• Limits the new offense to situations where a reasonable person would view the disrupter as a threat to the safety of people assembled.
• Repeals any existing state laws that conflict with this new provision.

This bill affects people who attend or hold religious services, funerals, memorials, or other gatherings acknowledging a death, as well as anyone who might disrupt such gatherings while trespassing on private or church property. It also affects property owners hosting these events and local law enforcement and prosecutors who would enforce the new offense.

If enacted, someone who trespasses onto property to disrupt a funeral, memorial, or religious service in a threatening way could face criminal trespass charges specifically for that conduct, giving prosecutors a clearer legal basis to act against disruptions of these particular gatherings.

• Section 1 amends O.C.G.A. § 16-7-21 by adding subsection (f), creating a new criminal trespass offense tied to disrupting religious worship or gatherings honoring a death.
• The offense requires knowingly and without authority entering and remaining on another's land, plus willfully and maliciously interrupting the gathering.
• The disruption must be serious enough that a reasonable person would see the disrupter as a threat to the safety of those assembled.
• Section 2 repeals any conflicting laws, a standard clause common to Georgia legislation.

1. 2025-02-12House Second Readers (House)
2. 2025-02-11House First Readers (House)
3. 2025-02-10House Hopper (House)

• Deborah Silcox (R, HD-053)Primary sponsor
• Matt Reeves (R, HD-099)
• Trey Kelley (R, HD-016)
• Clint Crowe (R, HD-118)
• Esther Panitch (D, HD-051)

• criminal trespass
• religious worship
• funerals and memorials
• public safety law