HB1196: HB1196 Crimes; offense of criminal trespass involving a wild animal; provide

Georgia already has a law against trespassing into areas where wild animals are kept, such as zoo enclosures or animal sanctuaries. This bill rewrites that law to define new terms, including what counts as a 'foreign object or substance,' what it means to 'harass' an animal, and what qualifies as a 'wild animal' (which includes zoo, aquarium, safari, and sanctuary animals, as well as certain domestic animals or livestock kept by facilities not open for public visitation). The bill creates three degrees of the offense. First degree applies when someone enters or throws something into an animal's enclosure without permission, harasses the animal, and the animal is injured or killed; this is a felony punishable by one to ten years in prison. Second and third degree versions cover unauthorized entry alone or interference with an enclosure's security, and are misdemeanors. The bill also blocks certain defenses, such as claiming the enclosure was poorly secured, and exempts people entering to help an animal or another person.

• Creates a first degree felony offense for entering or throwing objects into a wild animal's enclosure without permission if the animal is harassed and injured or killed, punishable by one to ten years in prison.
• Creates a second degree misdemeanor offense for entering or throwing objects into an enclosure without permission, even without injury to the animal, punishable by up to 12 months.
• Creates a third degree misdemeanor offense for interfering with the operation or security of an enclosure, punishable by up to 12 months.
• Defines 'wild animal,' 'harass,' and 'foreign object or substance' to clarify which animals and actions the law covers, including animals at zoos, aquariums, safaris, and sanctuaries.
• Makes violators liable for the cost of property damage or loss, including injury or death of the animal or of people caring for it, on top of other penalties.
• Bars certain defenses, such as claiming the enclosure was not well secured or that the animal provoked the person, and exempts people entering to help an animal or another person.

People who visit or trespass into zoos, aquariums, safaris, and animal sanctuaries; facility staff and security who maintain enclosures; and owners of certain domestic animals or livestock kept at such facilities. Prosecutors and courts would apply the new tiered offense structure.

The bill sets clearer, tougher consequences for people who breach animal enclosures, ranging from misdemeanors for unauthorized entry to a felony carrying up to ten years for entries that lead to an animal's injury or death, and removes some common legal defenses.

• Section 1 rewrites O.C.G.A. § 16-7-21.2, defining 'foreign object or substance,' 'harass,' and 'wild animal' in subsection (a).
• Subsection (b) creates three degrees of criminal trespass involving a wild animal based on entry, harassment leading to injury or death, or interference with enclosure security.
• Subsection (c) sets penalties: one to ten years in prison (felony) for first degree, and up to 12 months (misdemeanor) for second and third degree.
• Subsection (d) makes violators liable for the cost of property damage or loss, including animal injury or death.
• Subsection (e) bars specific defenses, including claims of inadequate enclosure security or that the animal was provoked.
• Subsection (f) exempts people who enter to aid another person or a wild animal from the second degree offense.
• Section 2 repeals conflicting laws.

1. 2026-03-16Senate Passed/Adopted As Amended (Senate)
2. 2026-03-16Senate Third Read (Senate)
3. 2026-03-12Senate Read Second Time (Senate)
4. 2026-03-10Senate Committee Favorably Reported (Senate)
5. 2026-03-04Senate Read and Referred (Senate)
6. 2026-03-03House Passed/Adopted By Substitute (House)
7. 2026-03-03House Third Readers (House)
8. 2026-02-24House Committee Favorably Reported By Substitute (House)

• Tyler Smith (R, HD-018)Primary sponsor
• Tanya Miller (D, HD-062)
• Soo Hong (R, HD-103)
• John LaHood (R, HD-175)
• Tim Fleming (R, HD-114)
• Debbie Buckner (D, HD-137)
• Steven McNeel (R, SD-018)

1. PassedHouse voteMarch 3, 2026

   167 yea, 0 nay (9 not voting, 1 absent)

   Passage: House Vote #587

2. PassedSenate voteMarch 16, 2026

   50 yea, 2 nay (1 not voting, 1 absent)

   Passage As Amended: Senate Vote #726

• animal welfare
• criminal trespass
• zoos and sanctuaries
• criminal penalties