H. B. No. 76 (AS PASSED HOUSE AND SENATE)

By: Representative Wall of the 82nd

A BILL TO BE ENTITLED

AN ACT

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.

• "(a) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a commu nication facility shall be a separate offense under the Code section. For purposes of the Code section, the term "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signa ls, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, computer or computer network, and all other means of communication."

Section 2.

• "16-11-37.1.
• It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, or drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, o r otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."

Section 3.

• "16-11-39.
• (a) A person commits the offense of disorderly conduct when such person commits any of the following:
  • (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;
  • (2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
  • (3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowled ge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called 'fighting words'; or
  • (4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
• (b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.
• (c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.
• 16-11-39.1
• (a) A person commits the offense of harassing phone calls if such person telephones another person repeatedly, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting another person or the family of such other person; uses over the telephone language threatening bodily harm; telephones and intentionally fails to hang up or disengage the connection; or knowingly permits any telephone under such person's control to be used for any purpose prohibited by this subsection.
• (b) Any person who commits the offense of harassing phone calls shall be guilty of a misdemeanor."

Section 4.

• "16-11-151.
• (a) As used in this Code section, the term 'dangerous weapon' has the same meaning as found in paragraph (1) of Code Section 16-11-121.
• (b) It shall be unlawful for any person to:
  • (1) Teach, train, or demonstrate to any other person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons either directly or through a writing or ove r or through a computer or computer network if the person teaching, training, or demonstrating knows, has reason to know, or intends that such teaching, training, or demonstrating will be unlawfully employed for use in or in furtherance of a civil dis order, riot, or insurrection; or
  • (2) Assemble with one or more persons for the purpose of being taught, trained, or instructed in the use of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons if such person so assembling k nows, has reason to know, or intends that such teaching, training or instruction will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection.
• (c) Any person who violates any provision of subsection (b) of the Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five ye ars, or both."

Section 5.

Section 6.