UPDATE - Georgia Supreme Court Unanimously Upholds Constitutionality of Georgia Gang Statute The following 2007 act was passed by the State of Georgia legislature and supersedes the previous statute. Georgia Street Gang Terrorism and Prevention Act O.C.G.A. § 16-15-1 Short title O.C.G.A. § 16-15-2 Legislative findings and intent O.C.G.A. § 16-15-3 Definitions O.C.G.A. § 16-15-5 Contraband; seizure and forfeiture O.C.G.A. § 16-15-6 Local ordinances not preempted by state law O.C.G.A. § 16-15-7 Real property used by criminal street gangs declared public nuisance; abatement; persons injured by gangs entitled to treble damages O.C.G.A. § 16-15-8 Matters proved in criminal trial O.C.G.A. § 16-15-9 Commission of offense admissible as evidence of existence of criminal street gang and criminal gang activity O.C.G.A. § 16-15-10 Criminal Street Gang Reward Fund O.C.G.A. § 16-15-1  (2007) § 16-15-1.  Short title This chapter shall be known and may be cited as the "Georgia Street Gang Terrorism and Prevention Act." O.C.G.A. § 16-15-2  (2007) § 16-15-2.  Legislative findings and intent (a) The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. (b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. (c) The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs which together are the chief source of terror created by street gangs. (d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs. O.C.G.A. § 16-15-3  (2007) § 16-15-3.  Definitions As used in this chapter, the term:    (1) "Criminal gang activity" means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006:       (A) Any offense defined as racketeering activity by Code Section 16-14-3;       (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking;       (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery;       (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement;       (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices;       (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the security of state or county correctional facilities;       (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody;       (H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another;       (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and       (J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed.    (2) "Criminal street gang" means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity. O.C.G.A. § 16-15-4  (2007) § 16-15-4.  Participation in criminal street gang activity prohibited (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in criminal street gang activity through the commission of any offense enumerated in paragraph (1) of Code Section 16-15-3. (b) It shall be unlawful for any person employed by or associated with a criminal street gang to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with knowledge that members of such criminal street gang have committed one or more of such offenses. (c) It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with the intent to maintain or increase his or her status or position in a criminal street gang. (d) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (e) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity. (f) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang. (g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. (i) (1) Any person who violates subsection (a), (b), (c), or (d) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than five nor more than 15 years or by a fine of not less than $10,000.00 nor more than $15,000.00, or both. (2) Any person who violates subsection (e) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. (3) Any person who violates subsection (f), (g), or (h) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than three nor more than ten years. (j) Any crime committed in violation of this Code section shall be considered a separate offense. O.C.G.A. § 16-15-5  (2007) § 16-15-5.  Contraband; seizure and forfeiture (a) The following are declared to be contraband and no person shall have a property interest in them: (1) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this chapter; and (2) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this chapter. (b) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (c) Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate a forfeiture proceeding as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be disposed of as provided in Code Section 16-13-49 and the proceeds of such disposition shall be paid to the Criminal Justice Coordinating Council for use in funding gang prevention projects. O.C.G.A. § 16-15-6  (2007) § 16-15-6.  Local ordinances not preempted by state law Nothing in this chapter shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence which are consistent with this chapter. Where local laws duplicate or supplement the provisions of this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field. O.C.G.A. § 16-15-7  (2007) § 16-15-7.  Real property used by criminal street gangs declared public nuisance; abatement; persons injured by gangs entitled to treble damages (a) Any real property which is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by Title 41, relating to nuisances. (b) An action to abate a nuisance pursuant to this Code section may be brought by the district attorney, solicitor-general, prosecuting attorney of a municipal court or city, or county attorney in any superior, state, or municipal court. (c) Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages; provided, however, that no cause of action shall arise under this subsection as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by Chapter 5 of Title 10 or by the federal Securities and Exchange Commission. Such person shall also recover attorney's fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section 16-15-2. (d) The state, any political subdivision thereof, or any person aggrieved by a pattern of gang activity may bring an action to enjoin violations of this chapter in the same manner as provided in Code Section 16-14-6. O.C.G.A. § 16-15-8  (2007) § 16-15-8.  Matters proved in criminal trial A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceeding. O.C.G.A. § 16-15-9  (2007) § 16-15-9.  Commission of offense admissible as evidence of existence of criminal street gang and criminal gang activity The commission of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity. O.C.G.A. § 16-15-10  (2007) § 16-15-10.  Criminal Street Gang Reward Fund There shall be established as part of the Prosecuting Attorney's Council the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to $5,000.00 reward for information leading to the arrest and conviction of any person involved in criminal street gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more. Gangs OR Us is proud to be sponsored by PoliceOne.com - The one complete resource for Law Enforcement online. You are also invited to visit the PoliceOne.com Gang Page Robert Walker Telephone - 803-345-2600 This page was last updated on 10/04/2009

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