2025 Georgia Codes – Page 167

(a)(1) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shot-
gun, or firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the
commission or the attempted commission of any of the following offenses:
(A) Aggravated assault as defined in Code Section 16-5-21;
(B) Aggravated battery as defined in Code Section 16-5-24;
(C) Robbery as defined in Code Section 16-8-40;
(D) Armed robbery as defined in Code Section 16-8-41;
(D.1) Home invasion in any degree as defined in Code Section 16-7-5;
(E) Murder or felony murder as defined in Code Section 16-5-1;
(F) V oluntary manslaughter as defined in Code Section 16-5-2;
(G) Involuntary manslaughter as defined in Code Section 16-5-3;
(H) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled
substances in violation of any provision of Article 2 of Chapter 13 of this title, the “Georgia Controlled
Substances Act”;
(I) Terroristic threats or acts as defined in Code Section 16-11-37;
(J) Arson as defined in Code Section 16-7-60, 16-7-61, or 16-7-62 or arson of lands as defined in Code Sec-
tion 16-7-63;
(K) Influencing witnesses as defined in Code Section 16-10-93; and
(L) Participation in criminal gang activity as defined in Code Section 16-15-4.
(2)(A) As used in this paragraph, the term “bulletproof vest” means a bullet-resistant soft body armor pro-
viding, as a minimum standard, the level of protection known as “threat level I,” which means at least
seven layers of bullet-resistant material providing protection from at least three shots of 158-grain lead
ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.
(B) It shall be unlawful for any person to wear a bulletproof vest during the commission or the attempted
commission of any of the following offenses:
(i) Any crime against or involving the person of another in violation of any of the provisions of this title
for which a sentence of life imprisonment may be imposed;
(ii) Any felony involving the manufacture, delivery, distribution, administering, or selling of controlled
substances or marijuana as provided in Code Section 16-13-30; or
(iii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as provided in Code Section

(a) As used in this Code section, the term:
(1) “Illegal alien” means a person who is verified by the federal government to be present in the United
States in violation of federal immigration law.
(2) “Motor vehicle” shall have the same meaning as provided in Code Section 40-1-1.
(b) A person who, while committing another criminal offense, knowingly and intentionally transports or
moves an illegal alien in a motor vehicle for the purpose of furthering the illegal presence of the alien in the
United States shall be guilty of the offense of transporting or moving an illegal alien.
(c) Except as provided in this subsection, a person convicted for a first offense of transporting or moving an
illegal alien who moves seven or fewer illegal aliens at the same time shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed
$1,000.00, or both. A person convicted for a second or subsequent offense of transporting or moving an
illegal alien, and a person convicted on a first offense of transporting or moving an illegal alien who moves
eight or more illegal aliens at the same time, shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or
more than $20,000.00, or both. A person who commits the offense of transporting or moving an illegal alien
who does so with the intent of making a profit or receiving anything of value shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a
fine of not less than $5,000.00 or more than $20,000.00, or both.
(d) This Code section shall not apply to:
(1) A government employee transporting or moving an illegal alien as a part of his or her official duties or to
any person acting at the direction of such employee;
(2) A person who transports an illegal alien to or from a judicial or administrative proceeding when such
illegal alien is required to appear pursuant to a summons, subpoena, court order, or other legal process;
(3) A person who transports an illegal alien to a law enforcement agency or a judicial officer for official gov-
ernment purposes;
(4) An employer transporting an employee who was lawfully hired; or
(5) A person providing privately funded social services.