08 LC 29
3161
Senate
Bill 536
By:
Senator Smith of the 52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to stalking, so as to clarify venue for prosecution; to
reorganize certain provisions of the article; to provide for definitions; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to stalking, is amended by adding a new Code section to read as
follows:
"16-5-89.
As
used in this article, the term:
(1)
'Computer' shall have the same meaning as set forth in Code Section
16-9-92.
(2)
'Computer network' shall have the same meaning as set forth in Code Section
16-9-92.
(3)
'Contact' means any communication, including, but not limited to, communication
in person, by telephone, by mail, by broadcast, by computer, by computer
network, or by any other electronic device.
(4)
'Harassing and intimidating' means a knowing and willful course of conduct
directed at a specific person which causes emotional distress by placing such
person in reasonable fear for such person´s safety or the safety of a
member of his or her immediate family by establishing a pattern of harassing and
intimidating behavior which serves no legitimate purpose.
(5) 'Place or places' means any public or private property occupied by the
victim other than the residence of the defendant."
SECTION
2.
Said
article is further amend by revising paragraph (1) of subsection (a) of Code
Section 16-5-90, relating to stalking, as follows:
"(a)(1)
A person commits the offense of stalking when he or she follows, places under
surveillance, or contacts another person at or about a place or places without
the consent of the other person for the purpose of harassing and intimidating
the other person.
For the
purpose of this article, the terms 'computer' and 'computer network' shall have
the same meanings as set out in Code Section 16-9-92; the term 'contact' shall
mean any communication including without being limited to communication in
person, by telephone, by mail, by broadcast, by computer, by computer network,
or by any other electronic device; and the place or places that contact by
telephone, mail, broadcast, computer, computer network, or any other electronic
device is deemed to occur shall be the place or places where such communication
is received. For the purpose of this article, the term 'place or places' shall
include any public or private property occupied by the victim other than the
residence of the defendant. For the purposes of this article, the term
'harassing and intimidating' means a knowing and willful course of conduct
directed at a specific person which causes emotional distress by placing such
person in reasonable fear for such person´s safety or the safety of a
member of his or her immediate family, by establishing a pattern of harassing
and intimidating behavior, and which serves no legitimate
purpose. This Code section shall not be
construed to require that an overt threat of death or bodily injury has been
made."
SECTION
3.
Said
article is further amended by adding a new Code section to read as
follows:
"16-5-97.
In any prosecution for violation of this article, the state shall not be
required to establish that all of the acts constituting the crime occurred in
this state or within one city, county, or local jurisdiction, and it is no
defense that some of the acts constituting the crime did not occur in this state
or within one city, county, or local jurisdiction. For the purpose of venue
under this article, any violation of this article shall be considered to have
been committed:
(1)
In any county where contact is received or made;
(2)
In any county in which any act was performed in furtherance of any transaction
which violated this article; and
(3)
In any county from which, to which, or through which any use of a computer or
computer network was made, whether by wires, electromagnetic waves, microwaves,
or any other means of communication."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.