---
title: HB 1196. Crimes; offense of criminal trespass involving a wild animal; provide
collection: bills
id: 2025-2026/hb1196
cite_as: HB 1196, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1196
md_url: https://georgiacommons.org/bills/2025-2026/hb1196.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1196/text
source_url: https://www.legis.ga.gov/legislation/72845
date: 2026-03-16
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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previous: https://georgiacommons.org/bills/2025-2026/hb1195.md
next: https://georgiacommons.org/bills/2025-2026/hb1197.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 1047
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1196.md?full=1
bill_number: HB 1196
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-03-03
last_action: Senate Passed/Adopted As Amended
sponsors:
  - Tyler Smith
  - Tanya Miller
  - Soo Hong
  - John LaHood
  - Tim Fleming
  - Debbie Buckner
  - Steven McNeel
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1196/2025
upstream_id: 2108136
summaries_model: claude-sonnet-5
topic_tags:
  - criminal trespass
  - animal welfare law
  - zoo and wildlife facilities
  - misdemeanor penalties
  - livestock and domestic animals
---

# HB 1196. Crimes; offense of criminal trespass involving a wild animal; provide

## Text

House Bill 1196 (COMMITTEE SUBSTITUTE)
By: Representatives Smith of the 18th, Miller of the 62nd, Hong of the 103rd, LaHood of the
175th, Fleming of the 114th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-7-21.2 of the Official Code of Georgia Annotated, relating to
criminal trespass involving a wild animal, so as to provide for the offense of criminal trespass
involving a wild animal; to provide for definitions; to provide for penalties; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-7-21.2 of the Official Code of Georgia Annotated, relating to criminal
trespass involving a wild animal, is amended as follows:
"16-7-21.2.
(a) As used in this Code section, the term:
<ins>(1) 'Foreign object or substance' means any item or substance in solid, liquid, or gaseous
form, including, but not limited to, anything likely to be consumed, inhaled, or absorbed
by the animal, electronics, biological material, rocks, sticks, chemicals, fluids, or any
item or substance not authorized by an individual with legal authority over said wild
animal.
</ins>
(2) 'Harass' means to engage in any act which demonstrates a disregard for the
well-being of a wild animal, or which creates the likelihood of injury to, <ins>the infliction of
stress to,</ins> or disrupts normal behavior patterns of the wild animal, such as feeding,
watering, resting, and breeding.
(3) 'Wild animal' means any <del>land or sea</del> animal currently or historically found in the
wild, <del>other than a domestic animal or livestock, including an animal</del> kept, exhibited, or
housed at any facility operating with the purpose of public visitation, conservation,
education, or science, including, but not limited to, a zoological institution as defined in
paragraph (87) of Code Section 48-8-3, and any animal kept, exhibited, or housed in
aquariums, safaris, or animal sanctuaries. <ins>Such term shall include any domestic animal
or livestock housed, kept, or maintained by any person or corporation that is not operating
with the purpose of public visitation, conservation, education, or science.
</ins> (b)(1) A person commits the offense of criminal trespass involving a wild animal in the
first degree if such person enters <ins>or knowingly causes a foreign object or substance to
enter</ins> a cage, enclosure, or other area where a wild animal is housed or otherwise
contained, into which the person knows he or she has no legal authority, license, or
permission to enter, and harasses the wild animal and such wild animal suffers an injury
or death.
(2) A person commits the offense of criminal trespass involving a wild animal in the
second degree if such person enters <ins>or knowingly causes a foreign object or substance to
enter</ins> a cage, enclosure, or other area where a wild animal is housed or otherwise
contained, into which the person knows he or she has no legal authority, license, or
permission to enter.
<ins>(3) A person commits the offense of criminal trespass involving a wild animal in the
third degree if such person knowingly interferes with the operation, functionality, or
integrity of a cage, enclosure, or other area where a wild animal is housed or otherwise
contained.
</ins>
(c)(1) A person convicted of the offense of criminal trespass involving a wild animal in
the first degree shall be guilty of a felony and shall be punished by imprisonment for not
less than one nor more than ten years.
(2) A person convicted of the offense of criminal trespass involving a wild animal in the
second degree shall be guilty of a misdemeanor and punished by imprisonment for not
more than 12 months.
<ins>(3) A person convicted of the offense of criminal trespass involving a wild animal in the
third degree shall be guilty of a misdemeanor and punished by imprisonment for not more
than 12 months.
</ins> (d) In addition to any other fine, penalty, or restitution which may be imposed by law, such
person would be liable for the cost of any damage to, and loss of, property connected to the
criminal trespass, including, but not limited to, the injury or death of the wild animal <ins>or
person securing, assisting, or caring for the animal.
</ins> (e) It shall not be an affirmative defense to prosecution under this Code section that:
(1) Entry into the cage, enclosure, or other area where the wild animal was housed or
otherwise contained was not sufficiently guarded, locked, or otherwise made inaccessible
so as to prevent entry into the cage, enclosure, or other area;
(2) The wild animal was provoked by means other than the presence of the person in the
cage, enclosure, or other area; or
(3) Injury to the wild animal was necessary to protect the person from injury or death.
(f) Subsection (b) of this Code section shall not apply to a person who enters a cage,
enclosure, or other area for the purpose of aiding another person or a wild animal in the
cage, enclosure, or other area.
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1196 would expand Georgia's criminal trespass law involving wild animals to cover throwing objects into enclosures, tampering with cages, and animals kept by private owners, not just facilities open to the public.

### Plain-language summary

Georgia already makes it a crime to trespass into a wild animal's cage or enclosure without permission and harass the animal. This bill broadens that law (O.C.G.A. § 16-7-21.2) in several ways. It defines a 'foreign object or substance' as almost anything a person could throw or introduce into an enclosure, from rocks and chemicals to electronics, and makes it a crime to cause such an object to enter an enclosure, not just to physically enter it yourself. It also expands the definition of 'wild animal' to include domestic animals or livestock kept by private owners, not just those at zoos, aquariums, or educational facilities. It broadens 'harass' to include causing stress, not just injury or disrupted behavior.
The bill also creates a new third-degree offense for knowingly interfering with the operation or integrity of a cage or enclosure, punishable as a misdemeanor with up to 12 months in jail. It extends liability for property damage or death to cover harm to the person caring for the animal, not just the animal itself.

### What it does

- Expands the crime to cover knowingly causing a foreign object or substance, defined broadly, to enter an animal's cage or enclosure without permission.
- Broadens the definition of 'wild animal' to include domestic animals or livestock kept privately, beyond zoos, aquariums, and educational facilities.
- Adds stress infliction to the definition of 'harass,' widening what counts as harassing a wild animal.
- Creates a new third-degree offense for knowingly interfering with a cage's operation, functionality, or integrity, punishable by up to 12 months in jail.
- Extends liability for damage or loss to include harm to the person caring for or securing the animal, not just the animal itself.

### Who it affects

People who enter or throw objects into animal enclosures without permission, owners and operators of zoos, aquariums, and animal sanctuaries, private owners of domestic animals or livestock, and individuals who care for or work around these animals and enclosures.

### Why it matters

The bill would let prosecutors charge people who throw objects into enclosures or tamper with cages without physically entering them, and it would apply the law to privately owned animals for the first time, expanding who can be charged and what conduct counts as a crime.

### Key provisions

- Subsection (a)(1) newly defines 'foreign object or substance' broadly, covering nearly anything introduced into an enclosure without authorization.
- Subsection (a)(3) expands 'wild animal' to include privately kept domestic animals and livestock, not just those at public-facing facilities.
- Subsection (b)(1)-(2) adds liability for knowingly causing a foreign object to enter an enclosure, alongside physically entering it.
- Subsection (b)(3) creates a new third-degree offense for knowingly interfering with a cage's operation or integrity.
- Subsection (c)(3) sets the penalty for third-degree trespass at up to 12 months imprisonment as a misdemeanor.
- Subsection (d) extends financial liability to cover harm to people who secure, assist, or care for the animal.

## Status

- Status: Engrossed (2026-03-03)
- Last action: Senate Passed/Adopted As Amended (2026-03-16)
- Sponsors: Tyler Smith, Tanya Miller, Soo Hong, John LaHood, Tim Fleming, Debbie Buckner, Steven McNeel
- Official page: https://www.legis.ga.gov/legislation/72845

> The history, votes, and amendments (1,047 characters) are at https://georgiacommons.org/bills/2025-2026/hb1196.md?full=1
