24 LC 39 4059
House Bill 922
By: Representatives Vance of the 133
rd
, Tarvin of the 2
nd
, Lumsden of the 12
th
, Collins of the
71
st
, and Hitchens of the 161
st
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 that entrance upon property of another without consent shall be an3
offense of criminal trespass; to provide for related matters; to repeal conflicting laws; and for4
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 or into any part of any vehicle,28
railroad car, aircraft, or watercraft of another person without consent of the owner or29
rightful occupant.30
(c) For the purposes of subsection (b) of this Code section, permission to enter or31
invitation to enter given by a minor who is or is not present on or in the property of the32
minor's parent or guardian is not sufficient to allow lawful entry of another person upon the33
land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied34
by such minor's parent or guardian if such parent or guardian has previously given notice35
that such entry is forbidden or notice to depart.36
(d) A person who commits the offense of criminal trespass shall be guilty of a37
misdemeanor.38
(e) A person commits the offense of criminal trespass when he or she intentionally39
defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more40
deceased persons who served in the military service of this state, the United States of41
America or any of the states thereof, or the Confederate States of America or any of the42
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states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors,
43
or recounts the military service of any past or present military personnel of this state, the44
United States of America or any of the states thereof, or the Confederate States of America45
or any of the states thereof if such grave marker, monument, memorial, plaque, or marker46
is privately owned or located on land which is privately owned."47
SECTION 2.48
All laws and parts of laws in conflict with this Act are repealed.49
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