---
title: O.C.G.A. § 35-3-4.1. Subpoena authority for records relating to computer or electronic device used in furtherance of certain offenses.
collection: code
id: 35-3-4.1
cite_as: O.C.G.A. § 35-3-4.1 (2025)
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date: 2025
status: active
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heading_path: LAW ENFORCEMENT OFFICERS AND AGENCIES / GEORGIA BUREAU OF INVESTIGATION / GENERAL PROVISIONS
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---

# O.C.G.A. § 35-3-4.1. Subpoena authority for records relating to computer or electronic device used in furtherance of certain offenses.

(a)(1) The director, assistant director of the bureau, or deputy director for investigations of the bureau shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote computing service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications, in any investigation of a violation of:

(A) Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor;

(B) Article 8 of Chapter 9 of Title 16; or

(C) Code Section 16-9-93, 16-10-28, 16-11-37, 16-11-39.1, or 16-11-221.

(2) A provider of electronic communication service or remote computing service shall disclose to the bureau the following as relative to the subscriber or customer of such service:

(A) Name;

(B) Address;

(C) Local and long distance telephone connection records, or records of session times and durations;

(D) Length of service, including the start date, and types of service utilized;

(E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and

(F) Means and source of payment for such service, including any credit card or bank account number.

(3) A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to paragraph (1) of this subsection to the subscriber or customer of such service.

(b) Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director of the bureau, or the deputy director for investigations of the bureau, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court.

(c) The Attorney General may request that a natural person who refuses to produce relevant matter included in a subpoena issued pursuant to this Code section on the ground that the production of such records may incriminate such person be ordered by the court to provide such records. With the exception of a prosecution for perjury, a natural person who complies with the court order to provide such records asserting a privilege against self-incrimination to which he or she is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence, documentary or otherwise.

(d)(1) The issuance of a subpoena pursuant to this Code section shall not be made public during any pending investigation or prosecution of criminal or unlawful activity beyond the extent necessary for the issuance and compliance of the subpoena and compliance with Chapter 16 of Title 17.

(2) Information obtained pursuant to a subpoena enforced by this Code section shall not be made public or, except as authorized in paragraph (3) of this subsection, disclosed by the director of the bureau, assistant director, deputy director for investigations of the bureau, or the director’s employees beyond the extent necessary for the enforcement of this Code section.

(3) The director, assistant director of the bureau, deputy director for investigations of the bureau, or the director’s employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this Code section in furtherance of a criminal investigation.

(e) As used in this Code section, the terms “electronic communication service” and “remote computing service” shall have the same meaning as set forth in Code Section 16-9-92.

## History

Code 1981, § 35-3-4.1, enacted by Ga. L. 2007, p. 283, § 4/SB 98; Ga. L. 2008, p. 601, § 3/SB 388; Ga. L. 2018, p. 507, § 1-1/SB 336; Ga. L. 2025, p. 224, § 1-1/HB 161, effective July 1, 2025.

## Cross References

Computer or electronic pornography and child exploitation prevention, § 16-12-100.2.

## Law Reviews

For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 119 (2018).

## Amendments

The 2025 amendment, effective July 1, 2025, rewrote paragraph (a)(1), which read: “In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of Title 16, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote communication service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications.”; added “following as relative to the subscriber or customer of such service” at the end of paragraph (a)(2); deleted “of a subscriber to or customer of such service” at the end of subparagraph (a)(2)(F); in subsection (b), inserted “of the bureau” twice and added the last sentence; in subsection (c), inserted “included in a subpoena issued pursuant to this Code section” and substituted “of such records” for “of records” in the first sentence; in subsection (d), added paragraph (d)(1) and redesignated former paragraphs (d)(1) and (d)(2) as present paragraphs (d)(2) and (d)(3), respectively; in paragraph (d)(2), substituted “paragraph (3)” for “paragraph (2)” and inserted “of the bureau” twice; and in paragraph (d)(3), inserted “of the bureau” twice and deleted “in violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2” at the end.