O.C.G.A. § 16-11-46

General Provisions

(a) As used in this Code section, the term: (1) 'Communication signal' means a signal used in a communications system to transfer information from a transmitter to a receiver. Communication signals include, but are not limited to, analog signals and digital signals. (2) 'Critical infrastructure' means publicly or privately owned facilities, systems, functions, or assets, whether physical or virtual, providing or distributing services for the benefit of the public, including, but not limited to, energy, fuel, water, agriculture, healthcare, finance, communications, education, or any other vital public service. (3) 'Property' shall have the same meaning as set forth in Code Section 9-16-2. (4) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, correctional, or other emergency services. (5) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, correctional, or other emergency services. (6) 'Public safety answering point' means the designated communication center or centers of a public safety agency for dispatching appropriate emergency personnel, agencies, correctional personnel, or law enforcement officers, including, but not limited to, 9-1-1 call centers. S. B. - - LC 0103S (7) 'Public transportation system' means all facilities, conveyances, and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of individuals or cargo. (8) 'Signal jammer' means any device, instrument, or apparatus which through emitting a signal is capable of preventing, disrupting, delaying, degrading, or otherwise interfering with the transmission of a communication signal over: (A) Any wireless communications system, cellular communications system, radar system, or global positioning system; or (B) Any radio, telephone, or cable line, station, or system. (9) 'Vital public service' includes water, sewerage, drainage, energy, electric, gas, natural gas, telecommunications, internet, cable, navigation, collision avoidance, public transportation systems, railroads, and other services the loss of which would have a debilitating impact on the health, safety, or financial security of the public. (b) Except as provided in subsection (g) of this Code section, it shall be unlawful for any person to possess, use, or operate a signal jammer with the intent to prevent, disrupt, delay, degrade, or otherwise interfere with the transmission of a communication signal over: (1) Any wireless communications system, cellular communications system, radar system, or global positioning system; or (2) Any radio, telephone, or cable line, station, or system. (c)(1) Except as provided in paragraph (2) of this subsection, a person that violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than seven years, a fine of not more than $10,000.00, or both. (2) A person that violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years, a fine of not more than $25,000.00, or both, if such violation involves the possession, use, or operation of a signal jammer with the intent to prevent, S. B. - - LC 0103S disrupt, delay, degrade, or otherwise interfere with the transmission of a communication signal by, from, with, or to a public safety agency, a public safety answering point, or any component of critical infrastructure. (3) A violation of subsection (b) of this Code section shall not merge with any other offense and the punishments prescribed by paragraphs (1) and (2) of this subsection shall not be suspended, stayed, deferred, or withheld by the sentencing court. (d) Except as provided in subsection (g) of this Code section, it shall be unlawful for any person to possess, manufacture, sell, offer for sale, distribute, or import a signal jammer in this state. (e) A person that violates subsection (d) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, a fine of not more than $10,000.00, or both. (f)(1) Any property which is used or intended for use in any manner to facilitate a violation of this Code section shall be declared to be contraband, no person shall have a property right in such property, and such property shall be subject to forfeiture. (2) Any property subject to forfeiture pursuant to paragraph (1) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter of Title 9, the 'Georgia Uniform Civil Forfeiture Procedure Act.' (3) The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under this subsection. (g) The following shall be exempt from the provisions of this Code section: (1) The possession, use, operation, manufacture, sale, offer for sale, distribution, or importation of a signal jammer in this state that is authorized under federal law or that has been approved by the Federal Communications Commission or other federal agency authorized to regulate signal jammers; and (2) The possession, use, operation, manufacture, sale, offer for sale, distribution, or importation of a signal jammer in this state by public safety agencies, state and local law S. B. - - LC 0103S enforcement and correctional agencies, or any other person or entity that is legally authorized to possess, use, operate, manufacture, sell, offer for sale, distribute, or import state.

History. Enacted SB470

Published by Georgia Prisoners’ Speak from the Official Code of Georgia Annotated. This is the text of the law, not legal advice. Verify anything you intend to rely on against the official code.

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