2025 Georgia Codes – Page 71

(a) It shall be unlawful:
(1) To, with intent to damage, start, cause, or procure another to start or cause a fire in any woodlands, brush,
field, or other lands that are not one’s own and without the permission of the owner or the lessee having
control of such property;
(2) To burn any brush, field, forest land, campfire, or debris, whether on one’s own land or the lands of
another, without taking the necessary precautions before, during, and after the fire to prevent the escape
of such fire onto the lands of another. The escape of such fire shall be prima-facie evidence that necessary
precautions were not taken;
(3) For any person to cause a fire by discarding any lighted cigarette, cigar, debris, or any other flaming or
smoldering material that may cause a forest fire; or
(4) To destroy or damage any material or device used in the detection or suppression of wildfires.
(b) This Code section shall not apply to fire resulting from the operation of transportation machinery or
equipment used in its normal or accustomed manner.
(c)(1) Any person who violates paragraph (2), (3), or (4) of subsection (a) of this Code section shall be guilty
of a misdemeanor.
(2) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of arson
of lands in the third degree and shall be punished the same as provided by subsection (c) of Code Section

As used in this article, the term:
(1) “Bacteriological weapon” or “biological weapon” means:
(A) The following toxic chemicals:
(i) O-Alkyl (≤C10, including cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates; e.g., Sarin:
O-Isopropyl methylphosphonofluoridate, Soman: O-Pinacolyl methylphosphonofluoridate;
(ii) O-Alkyl (≤C10, including cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates;
e.g., Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate;
(iii) O-Alkyl (H or ≤C10, including cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et,
n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts; e.g., VX: O-Ethyl S-2-di-
isopropylaminoethyl methyl phosphonothiolate;
(B) Sulfur mustards:
(i) 2-Chloroethylchloromethylsulfide;
(ii) Mustard gas: Bis(2-chloroethyl)sulfide;
(iii) Bis(2-chloroethylthio)methane;
(iv) Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane;
(v) 1,3-Bis(2-chloroethylthio)-n-propane;
(vi) 1,4-Bis(2-chloroethylthio)-n-butane;
(vii) 1,5 Bis(2-chloroethylthio)-n-pentane;
(viii) Bis(2-chloroethylthiomethyl)ether;
(ix) O-Mustard: Bis(2-chloroethylthioethyl)ether;
(C) Lewisites:
(i) Lewisite 1: 2-Chlorovinyldichloroarsine;
(ii) Lewisite 2: Bis(2-chlorovinyl)chloroarsine;
(iii) Lewisite 3: Tris(2-chlorovinyl)arsine;
(D) Nitrogen mustards:
(i) HN1: Bis(2-chloroethyl)ethylamine;
(ii) HN2: Bis(2-chloroethyl)methylamine;
(iii) HN3: Tris(2-chloroethyl)amine;
(E) Saxitoxin;
(F) Ricin;
(G) Precursors:
(i) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides; e.g., DF: Methylphosphonyldifluoride;
(ii) O-Alkyl (H or ≤C10, including cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et,
n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts; e.g., QL: O-Ethyl O-2-diiso-
propylaminoethyl methylphosphonite;
(iii) Chlorosarin: O-Isopropyl methylphosphonochloridate;
(iv) Chlorosoman: O-Pinacolyl methylphosphonochloridate; or
(H) Any device which is designed in such a manner as to permit the intentional release into the population or
environment of microbial or other biological agents or toxins or vectors whatever their origin or method of
production in a manner not otherwise authorized by law.
(1.1) “Biological agent” means any microorganism, including, but not limited to, bacteria, viruses, fungi,
rickettsiae or protozoa, or infectious substance, or any naturally occurring, bioengineered or synthesized
component of any such microorganism or infectious substance, capable of causing:
(A) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organ-
ism;
(B) Deterioration of food, water, equipment, supplies, or material of any kind; or
(C) Deleterious alteration of the environment.
(2) “Commissioner” means the Safety Fire Commissioner.
(3) “Conviction” means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission
of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation
recognized by the United States. Such term includes any such conviction or plea notwithstanding the fact
that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adju-
dication or plea of a juvenile to the commission of an act which if committed by an adult would constitute a
crime under the laws of this state.
(4) “Destructive device” means:
(A) Any explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb;
a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or
incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other
device which is substantially similar to such devices;
(B) Any type of weapon by whatever name known which will or may be readily converted to expel a pro-
jectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more
than one-half inch in diameter; provided, however, that such term shall not include a pistol, rifle, or shotgun
suitable for sporting or personal safety purposes or ammunition; a device which is neither designed or rede-
signed for use as a weapon; a device which, although originally designed for use as a weapon, is redesigned
for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance
sold, loaned, or given by authority of the appropriate official of the United States Department of Defense;
(C) A weapon of mass destruction;
(D) A bacteriological weapon or biological weapon; or
(E) Any combination of parts either designed or intended for use in converting any device into a destructive
device as otherwise defined in this paragraph.
(5) “Detonator” means a device containing a detonating charge that is used to initiate detonation in an explo-
sive, including but not limited to electric blasting caps, blasting caps for use with safety fuses, and detonat-
ing cord delay connectors.
(6) “Director” means the director of the Georgia Bureau of Investigation.
(7) “Distribute” means the actual, constructive, or attempted transfer from one person to another.
(8) “Explosive” means any chemical compound or other substance or mechanical system intended for the
purpose of producing an explosion capable of causing injury to persons or damage to property or contain-
ing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire,
friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to per-
sons or damage to property, including but not limited to the substances designated in Code Section 16-7-81;
provided, however, that the term explosive shall not include common fireworks as defined by Code Section