24 LC 48 1245
House Bill 1426
By: Representatives Reeves of the 99
th
, Carson of the 46
th
, Panitch of the 51
st
, Cox of the 28
th
,
and McDonald of the 26
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 additional acts committed with the intent of threatening safety3
or provoking violence to constitute the offense of criminal trespass; to provide for a short4
title; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
This Act shall be known and may be cited as the "House of Worship Protection and Religious8
Persecution Trespass Prevention Act.''9
SECTION 2.10
Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated,11
relating to general provisions relative to criminal trespass and damage to property, is12
amended by revising Code Section 16-7-21, relating to criminal trespass, as follows:13
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"16-7-21.
14
(a) A person commits the offense of criminal trespass when he or she intentionally15
damages any property of another without consent of that other person and the damage16
thereto is $500.00 or less or knowingly and maliciously interferes with the possession or17
use of the property of another person without consent of that person.18
(b) A person commits the offense of criminal trespass when he or she knowingly and19
without authority:20
(1) Enters upon the land or premises of another person or into any part of any vehicle,21
railroad car, aircraft, or watercraft of another person for an unlawful purpose;22
(2) Enters upon the land or premises of another person or into any part of any vehicle,23
railroad car, aircraft, or watercraft of another person after receiving, prior to such entry,24
notice from the owner, rightful occupant, or, upon proper identification, an authorized25
representative of the owner or rightful occupant that such entry is forbidden; or
26
(3) Remains upon the land or premises of another person or within the vehicle, railroad27
car, aircraft, or watercraft of another person after receiving notice from the owner,28
rightful occupant, or, upon proper identification, an authorized representative of the29
owner or rightful occupant to depart;30
(4) Enters upon the land or premises of another person for the purpose of threatening the31
safety of or provoking violence against the owner or any rightful occupant of such land32
or premises;33
(5) Dumps, places, throws, or otherwise causes a book, notice, handbill, poster, sign, bill,34
circular, pamphlet, letter, photograph, or other material object to enter and remain upon35
the land or premises of another person with reckless disregard for the substantial risk that36
a reasonable person would conclude that the person or persons who commit such an act37
are a threat to the safety of any occupant of such land or premises; or38
(6) Enters and remains upon the land or premises of another person with the intent to39
impede, disrupt, disturb, or interfere with an assembly of people convening for religious40
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worship or observance or to engage in disorderly or disruptive conduct at a funeral or41
memorial service in violation of Code Section 16-11-34.2 for the purpose of threatening42
the safety of or provoking violence against those in attendance at such religious worship43
or observance or funeral or memorial service.44
(c) For the purposes of subsection (b) of this Code section, permission to enter or45
invitation to enter given by a minor who is or is not present on or in the property of the46
minor's parent or guardian is not sufficient to allow lawful entry of another person upon the47
land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied48
by such minor's parent or guardian if such parent or guardian has previously given notice49
that such entry is forbidden or notice to depart.50
(d) A person who commits the offense of criminal trespass shall be guilty of a51
misdemeanor.52
(e) A person commits the offense of criminal trespass when he or she intentionally53
defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more54
deceased persons who served in the military service of this state, the United States of55
America or any of the states thereof, or the Confederate States of America or any of the56
states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors,57
or recounts the military service of any past or present military personnel of this state, the58
United States of America or any of the states thereof, or the Confederate States of America59
or any of the states thereof if such grave marker, monument, memorial, plaque, or marker60
is privately owned or located on land which is privately owned."61
SECTION 3.62
All laws and parts of laws in conflict with this Act are repealed.63
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