24 LC 48 1121
House Bill 1099
By: Representatives Huddleston of the 72
nd
, Burchett of the 176
th
, Cannon of the 172
nd
, Camp
of the 135
th
, and Rhodes of the 124
th
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia
1
Annotated, relating to general provisions relative to criminal trespass and damage to2
property, so as to provide for the crime of criminal trespass upon the knowing entry upon3
land or premises of another that has been marked with purple paint; to provide for related4
matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated,8
relating to general provisions relative to criminal trespass and damage to property, is9
amended by revising Code Section 16-7-21, relating to criminal trespass, as follows:10
"16-7-21.11
(a) A person commits the offense of criminal trespass when he or she intentionally12
damages any property of another without consent of that other person and the damage13
thereto is $500.00 or less or knowingly and maliciously interferes with the possession or14
use of the property of another person without consent of that person.15
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(b) A person commits the offense of criminal trespass when he or she knowingly and
16
without authority:17
(1) Enters upon the land or premises of another person or into any part of any vehicle,18
railroad car, aircraft, or watercraft of another person for an unlawful purpose;19
(2) Enters upon the land or premises of another person or into any part of any vehicle,20
railroad car, aircraft, or watercraft of another person after receiving, prior to such entry,21
notice from the owner, rightful occupant, or, upon proper identification, an authorized22
representative of the owner or rightful occupant that such entry is forbidden; or
23
(3) Remains upon the land or premises of another person or within the vehicle, railroad24
car, aircraft, or watercraft of another person after receiving notice from the owner,25
rightful occupant, or, upon proper identification, an authorized representative of the26
owner or rightful occupant to depart; or27
(4) Enters upon the land or premises of another person that has been marked by the28
placement of identifying purple paint marks on trees or posts on the property, provided29
that such marks are:30
(A) Vertical lines of not less than eight inches in length and not less than one inch in31
width;32
(B) Placed so that the bottom of the mark is not less than three feet from the ground or33
more than five feet from the ground and, in areas of known flood zones, placed above34
the known flood depth; and35
(C) Placed at locations that are readily and clearly visible to any person approaching36
the property and no more than 100 feet apart on forested land or 1,000 feet apart on37
land that is not forested.38
(c) For the purposes of subsection (b) of this Code section, permission to enter or39
invitation to enter given by a minor who is or is not present on or in the property of the40
minor's parent or guardian is not sufficient to allow lawful entry of another person upon the41
land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied42
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by such minor's parent or guardian if such parent or guardian has previously given notice
43
that such entry is forbidden or notice to depart.44
(d) A person who commits the offense of criminal trespass shall be guilty of a45
misdemeanor.46
(e) A person commits the offense of criminal trespass when he or she intentionally47
defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more48
deceased persons who served in the military service of this state, the United States of49
America or any of the states thereof, or the Confederate States of America or any of the50
states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors,51
or recounts the military service of any past or present military personnel of this state, the52
United States of America or any of the states thereof, or the Confederate States of America53
or any of the states thereof if such grave marker, monument, memorial, plaque, or marker54
is privately owned or located on land which is privately owned."55
SECTION 2.56
All laws and parts of laws in conflict with this Act are repealed.57
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