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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 14. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

16-14-5. Criminal penalties for violation of Code Section 16-14-4.

Active

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

  1. (a)

    Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the fine specified in subsection (b) of this Code section, or both.#

  2. (b)

    In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in conduct in violation of Code Section 16-14-4 may be sentenced to pay a fine that does not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation.#

  3. (c)

    The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this Code section.#

  4. (d)

    For the purposes of subsection (b) of this Code section, the term “pecuniary value” means:#

    1. (1)

      Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else, the primary significance of which is economic advantage; or#

    2. (2)

      Any other property or service that has a value in excess of $100.00.#

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 1933, § 26-3404, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 1985, p. 149, § 16; Ga. L. 2015, p. 693, § 2-25/HB 233.

Editor's notes

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.”

Law reviews

For article on the 2015 amendment of this Code section, see 32 Georgia St. U.L. Rev. 1 (2015).

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-ch12-17-(v14b)-2024-pdf.pdf, Volume V14B, 2024 edition, page 750; merge action: carried; file SHA-256 36dbab616896.

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O.C.G.A. § 16-14-5. Criminal penalties for violation of Code Section 16-14-4. | Georgia Commons