§ 16-15-2. Legislative Findings and Intent
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 […]
§ 16-15-3. Definitions
As used in this chapter, the term: “Criminal gang activity” means the commission, attempted commission, conspiracy to commit, or the solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006: Any offense defined as racketeering activity by Code Section 16-14-3; Any offense defined in Article […]
§ 16-15-4. Participation in Criminal Gang Activity Prohibited; Prosecution
It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of any offense enumerated in paragraph (1) of Code Section 16-15-3. It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code […]
§ 16-15-5. Civil Forfeiture
As used in this Code section, the terms “proceeds” and “property” shall have the same meanings as set forth in Code Section 9-16-2. Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this chapter and proceeds are declared to be contraband and no person […]
§ 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. History. Code […]
§ 16-15-7. Real Property Used by Criminal Street Gangs Declared Public Nuisance; Abatement; Persons Injured by Gangs Entitled to Treble Damages
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. An action to abate a nuisance pursuant to this Code section may be […]
§ 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. History. Code 1981, § 16-15-8 , enacted by Ga. L. 1998, p. 270, § 8.
§ 16-15-9. Commission of Offense Admissible as Evidence of Existence of Criminal Street Gang
For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding. Evidence offered under this Code […]
§ 16-15-10. Criminal Street Gang Reward Fund
There shall be established as part of the Prosecuting Attorneys’ Council of the State of Georgia 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 a $5,000.00 reward for information leading to the arrest and conviction of any person […]
§ 16-15-11. Georgia Criminal Street Gang Database; Uniform Reporting Format; Confidentiality
Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the Georgia Bureau of Investigation shall be authorized to establish, develop, manage, and maintain a state-wide criminal street gang data base, to be known as the Georgia Criminal Street Gang Database, to facilitate the exchange of information between […]