Statutes

Georgia Code § 16-7-21, et seq.

Statutory Definition of Criminal Trespass

A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service; or a monument, plaque, marker, or memorial which is dedicated to any past or present military personnel of this state, the U.S. or any of the states thereof, or the Confederate States of America.

Statutory Definition of Criminal Damage to Property

A person commits the offense of criminal damage to property in the first degree when he:

• Knowingly and without authority interferes with any property in a manner so as to endanger human life; or
• Knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, or other public utility service or with any constituent property thereof.

A person commits the offense of criminal damage to property in the second degree when he:

• Intentionally damages any property of another person without his consent and the damage thereto exceeds $500.00; or
• Recklessly or intentionally, by means of fire or explosive, damages property of another person.

Crime Classifications, Sentences, and Penalties

Criminal Damage to Property, 1st Degree: Felony; 1 to 10 yrs. in prison, plus fine.

Criminal Damage to Property, 2nd Degree: Felony; 1 to 5 yrs. in prison, plus fine.

Criminal Trespass: Misdemeanor; up to 1 yr. in jail, plus fine.