Georgia Code
Part 1 - Wiretapping, Eavesdropping, Surveillance, and Related Offenses
§ 16-11-62. Eavesdropping, Surveillance, or Intercepting Communication Which Invades Privacy of Another; Divulging Private Message

It shall be unlawful for:
History. Ga. L. 1967, p. 844, § 1; Code 1933, § 26-3001, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 1100, § 1; Ga. L. 1985, p. 149, § 16; Ga. L. 2000, p. 491, § 1; Ga. L. 2000, p. 875, § 2; Ga. L. 2015, p. 1046, § 2/SB 94; Ga. L. 2022, p. 667, § 1/SB 539; Ga. L. 2022, p. 753, § 2/SB 10.
The 2022 amendments.
The first 2022 amendment, effective July 1, 2022, added paragraph (7); redesignated former paragraph (7) as present paragraph (9); and substituted “paragraphs (1) through (7)” for “paragraphs (1) through (6)” in paragraph (9). The second 2022 amendment, effective July 1, 2022, added paragraph (7), redesignated former paragraph (7) as present paragraph (8), and substituted “paragraphs (1) through (7)” for “paragraphs (1) through (6)” in paragraph (7). See the Code Commission notes regarding the effect of these amendments.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2000, a comma was deleted following “detection” in subparagraphs (2)(B) and (2)(C), respectively.
Pursuant to Code Section 28-9-5, in 2022, paragraph (7), as added by Ga. L. 2022, p. 753, § 2/SB 10, was redesignated as paragraph (8), “or” was deleted at the end of paragraph (7), “or” was added at the end of paragraph (8), former paragraph (8) was redesignated as present paragraph (9), and “paragraphs (1) through (8)” was substituted for “paragraphs (1) through (7)” in paragraph (9).
Editor’s notes.
Ga. L. 2000, p. 875, § 3, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2000, and shall apply with respect to offenses committed on or after that effective date. This Act shall not affect or abate the status as a crime of any offense committed prior to that effective date, nor shall the prosecution of such crime be abated as a result of this Act.”
Law reviews.
For annual survey on domestic relations, see 65 Mercer L. Rev. 107 (2013).
For article on domestic relations, see 66 Mercer L. Rev. 65 (2014).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 79 (2015).
For article with annual survey on criminal law, see 73 Mercer L. Rev. 75 (2021).
For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 102 (2000).
For note, “Location, Location, Location: A ‘Private’ Place and Other Ailments of Georgia Surveillance Law Curable Through Alignment with the Federal System,” see 46 Ga. L. Rev. 1089 (2012).
For comment on Ellenberg v. Pinkerton’s, Inc., 125 Ga. App. 648 , 188 S.E.2d 911 (1972), holding employer defendant may not use independent contractor defense to invasion of privacy suit resulting from actions of investigator working in his behalf, see 9 Ga. St. B. J. 519 (1973).
For comment on Mitchell v. State, 239 Ga. 3 , 235 S.E.2d 509 (1977), see 29 Mercer L. Rev. 351 (1977).
For comment, “Lawful or Unlawful: Tape-recording Phone Calls?,” see 10 Ga. St. B.J. 44 (No. 4, 2004).