Georgia Code
Part 1 - Gambling
§ 16-12-20. Definitions

As used in this part, the term:
Any item described in subparagraph (B), (C), or (D) of this paragraph shall be a prohibited gambling device subject to and prohibited by this part, notwithstanding any inference to the contrary in any other law of this state.
The provisions of this part shall not be applicable to games offered by the Georgia Lottery Corporation pursuant to Chapter 27 of Title 50.
History. Code 1933, § 26-2701, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1975, p. 1072, § 2; Ga. L. 1982, p. 1661, § 3; Ga. L. 1985, p. 437, § 1; Ga. L. 1986, p. 1313, § 3; Ga. L. 1987, p. 1386, § 3; Ga. L. 1995, p. 832, § 1; Ga. 2001, Ex. Sess., p. 312, § 1; Ga. L. 2012, p. 1136, § 2/SB 431; Ga. L. 2019, p. 736, § 2/HB 193.
The 2019 amendment, effective July 1, 2019, deleted “or” at the end of subparagraph (4)(C), added “; or” at the end of division (4)(D)(ii), and added subparagraph (4)(E).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, in paragraph (4) a period was added at the end of the second sentence and a comma was added following “presentation” the second time it appeared in division (4)(B)(ii)(III).
Editor’s notes.
Ga. L. 2001, Ex. Sess., p. 312, § 4, not codified by the General Assembly, provides that: “This Act is not intended to, and should not be construed to, affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be prohibited by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall not be permitted by this Act.”
Ga. L. 2001, Ex. Sess., p. 312, § 5, not codified by the General Assembly, provides that: “During the period beginning January 1, 2002, and ending June 30, 2002, it shall not be unlawful to possess in this state a machine or device described in subparagraph (B), (C), or (D) of paragraph (2) of Code Section 16-12-20, if: (1) Such machine is not in use; (2) Such machine is in transit to a storage facility or in a storage facility, which said storage facility is a secured facility and no part of same is accessible by anyone other than employees of said facility or employees of the owner of said machine; and (3) Such machine is not located in a place which is open to the public and is not located in a private club.”
Ga. L. 2012, p. 1136, § 4/SB 431, not codified by the General Assembly, provides, in part, that this Code section shall apply to conduct that occurs on and after May 2, 2012. It is not the intention of this Act to abate any prosecution undertaken for conduct occurring under the law in effect prior to such date, and any offense committed before May 2, 2012, shall be prosecuted and punished under the statutes in effect at the time the offense was committed.
Law reviews.
For comment on Boyd v. Piggly Wiggly S., Inc., 115 Ga. App. 628 , 155 S.E.2d 630 (1967), see 2 Ga. L. Rev. 132 (1967).
For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B.J. 124 (1970).