Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY · Article 2. OFFENSES AGAINST PUBLIC ORDER

16-11-39.1. Harassing communications; venue; separate offenses; impact on free speech.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A person commits the offense of harassing communications if such person:#
1. (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. (2)
  Threatens bodily harm via telecommunication, e-mail, text messaging, or any other form of electronic communication;#
3. (3)
  Telephones another person and intentionally fails to hang up or disengage the connection; or#
4. (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. (1)
  The defendant was located when he or she placed the telephone call or transmitted, sent, or posted an electronic communication; or#
2. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-11-39.1, enacted by Ga. L. 1995, p. 574, § 3; Ga. L. 2015, p. 203, § 2-1/SB 72.

Cross references

Free speech, U.S. Const., amend I.

Law reviews

For article, ‘‘Misdemeanor Sentencing in Georgia,’’ see 7 Ga. St. B.J. 8 (2001). For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, pages 791 to 792; merge action: annotated; file SHA-256 5985d65f23ef.

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