Clery Act

• Annual Security and Fire Safety Report (ASFSR): MGA’s yearly consumer safety report that includes three years of campus-crime statistics, campus-security and fire-safety policies, and prevention programs. Published by October 1 each year.
• Campus Security Authority (CSA): An MGA official who has significant responsibility for student and campus activities and is required to report certain crimes for Clery compliance.
• Clery Geography: The areas where MGA must collect and disclose crime data, on-campus property, on-campus residential facilities, non-campus property, and public property adjacent to campus.
• Timely Warning: A notice issued when a reported Clery crime poses an ongoing threat to the safety of the campus community.
• Emergency Notification: A message sent when there is an immediate, confirmed threat to health or safety, such as severe weather, hazardous conditions, or an active threat.
• Hate Crime: A criminal offense that shows evidence the victim was intentionally targeted because of bias or prejudice.
• Categories of Prejudice: The bias types that determine whether an incident qualifies as a hate crime: race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, or disability.
• Unfounded Crimes: Reports that law enforcement, after a full investigation, determine to be false or baseless. These are excluded from published statistics

• Murder / Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
• Manslaughter by Negligence: The killing of another person through gross negligence.
• Robbery: Taking or attempting to take something of value from another person by force, threat, or intimidation.
• Aggravated Assault: An attack intended to cause severe bodily injury, often with a weapon or by means likely to produce death or serious harm.
• Burglary: Unlawful entry into a building or structure to commit theft or another felony.
• Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
• Arson: Willful or malicious burning or attempt to burn property, including buildings, vehicles, or personal belongings.
• Dating Violence: Violence or threats of harm by someone who is or has been in a romantic or intimate relationship with the victim.
• Domestic Violence: Violence or threats of violence between individuals who share or previously shared a household, marriage, or romantic relationship.
• Sexual Assault: Any sexual act directed against another person without consent, including rape, fondling, incest, or statutory rape.
• Rape: Penetration, however slight, without consent.
• Fondling: Intentional touching of another person’s private areas for sexual gratification without consent.
• Incest: Sexual intercourse between family members whose marriage would be prohibited by law.
• Statutory Rape: Sexual intercourse with someone below the legal age of consent, even if the act is claimed to be voluntary.
• Stalking: A course of conduct involving repeated unwanted attention or contact that causes fear for personal safety or serious emotional distress.
• Consent: A clear, voluntary, and informed agreement to participate in sexual activity. Consent cannot be given under coercion, incapacitation, or by someone under 16 and may be withdrawn at any time.

• Stop Campus Hazing Act (SCHA): Federal law (2024) that adds hazing to the Clery Act’s reporting requirements and requires schools to track hazing incidents and include prevention efforts in the ASFSR.
• Max Gruver Act (Georgia Law): Georgia’s state hazing law that makes hazing a criminal offense and requires institutions to publish a hazing-disclosure report.
• Hazing: Any act done to join or remain in a student organization that risks physical injury, mental distress, or violates law or MGA policy.
• Weapon Law Violations: Breaking laws or ordinances that prohibit the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
• Drug Abuse Violations: Violating laws related to the production, distribution, or use of controlled substances or the equipment used to make or consume them, including possession, sale, cultivation, or transportation of illegal drugs.
• Liquor Law Violations: Violating state or local laws prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcohol — not including DUI or public drunkenness.
• Disciplinary Referrals: Cases referred to the Office of Student Conduct for liquor-law, drug-law, or weapons violations. Includes incidents reported by MGA Police or other campus officials.

Complainant: An individual who is alleged to be the victim of conduct that is prohibited by this policy. A complainant may be a student, employee, other affiliate, or unaffiliated with the institution.

Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. (i) The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. (ii) For the purposes of this definition (A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. (B) Dating violence does not include acts covered under the definition of domestic violence. (iii) Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic violence: (i) A felony or misdemeanor crime of violence committed—

1. By a current or former spouse or intimate partner of the victim;
2. By a person with whom the victim shares a child in common;
3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
5. By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(ii) Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Proceeding: All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and parties concerning accommodations or protective measures to be provided to a party.

Respondent: An individual who has been reported to be the perpetrator of conduct that is prohibited by this policy. A respondent may be a student, employee, other affiliate, or unaffiliated with the institution.

Sexual assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as defined in this policy.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Stalking: (i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

1. Fear for the person's safety or the safety of others; or
2. Suffer substantial emotional distress.
   
   (ii) For the purposes of this definition—

1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

(iii) Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

VAWA: Violence Against Women Reauthorization Act of 2013 amendments to the Clery Act, Public Law 113-4 Section 304.

VAWA Sexual Misconduct: Dating violence, domestic violence, sexual assault, and stalking as defined by this policy whether or not it is alleged to have occurred on or off-campus. VAWA Sexual Misconduct need not be on the basis of sex

Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation or coercion; by ignoring or acting in spite of objections of another; or by taking advantage of the incapacitation of another where the respondent knows or reasonably should have known of such incapacitation. Minors under the age of 16 cannot legally consent under Georgia law.

Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent.

Consent can be withdrawn at any time by a party by using clear words or actions.

Clery Act Geography

On-Campus: (i) Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of or in a manner related to the institution’s educational purposes; including residence halls; and (ii) Any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

On-campus student housing facility: A dormitory or other residential facility for students that is located on an institution's campus, as defined in § 668.46(a).

Non-Campus Building Or Property: (i) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (ii) any building or property owned or controlled by an institution that is used in direct support of or in relation to the institution’s educational purposes, is frequently used by the students, and is not within the same reasonably contiguous geographic area of the institution. Residence halls that are located outside the campus boundaries are captured in the Non-Campus category.

Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus. The MGA crime statistics do not include crimes that occur in privately owned homes or businesses within or adjacent to the campus boundaries.

Criminal homicide

• Murder and Non-negligent Manslaughter – the willful (non-negligent) killing of one human being by another.
• Manslaughter by Negligence – the killing of another person through gross negligence.
• Sex offenses: Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
• Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory rape – sexual intercourse with a person who is under the statutory age of consent.

Hazing: Any intentional, knowing, or reckless act committed against another person(s) regardless of their willingness to participate that (1) is committed in the course of initiation, affiliation, or maintenance of membership in a student organization; and (2) creates a risk of physical or psychological injury, such as whipping, beating, striking, sleep deprivation, exposure to the elements, consumption of food, alcohol, drugs, sexual acts, activities that put someone in reasonable fear of bodily harm, or engagement in criminal violations of local, state, tribal, or federal law.

Student Organization: An organization at an institution of higher education (such as a club, society, association, athletic team, club sports team, fraternity, sorority, band, or student government) where two or more members of the organization are students enrolled at the university, whether the organization is established or recognized by the institution.

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force, violence and/or by putting the victim in fear.

Aggravated assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by a means likely to produce death or great bodily harm. (NOTE: It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used that could and probably would result in serious personal injury if the crime were successfully completed.)

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes: unlawful entry with intent to commit a larceny or a felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking, and all attempts to commit any of the aforementioned.

Motor vehicle theft: The theft or attempted theft of a motor vehicle. (Motor vehicle theft is classified as any case where an automobile is taken by a person not having lawful access, even if the vehicle is later abandoned, including joy riding.)

Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Unfounded Crimes: An institution may withhold, or subsequently remove, a reported crime from its crime statistics in the rare situations where sworn or commissioned law enforcement personnel have fully investigated the reported crime and based on the results of this full investigation and evidence, have made a formal determination that the crime report is false or baseless and therefore “unfounded”. Only sworn or commissioned law enforcement personnel may “unfound” a crime report for purposes of reporting under this section. The recovery of stolen property, the low value of stolen property, the refusal of the victim to cooperate with the prosecution, and the failure to make an arrest do not “unfound” a crime report.

Hate Crimes: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

Intimidation: To unlawfully place another person in reasonable fear of bodily harm through using threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Larceny/Theft (Except Motor Vehicle Theft): The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.

Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.

Destruction/Damage/Vandalism of Property (except Arson): To willfully or maliciously destroy, damage, deface or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

• Race: A preformed negative attitude toward a group of persons who possess common physical characteristics genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind.
• Gender: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender.
• Gender Identity: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity.
• Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being.
• Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.
• Ethnicity: A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.
• National origin: a preformed negative opinion or attitude toward a group of people based on their actual perceived country of birth.
• Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

Weapon Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of State and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

Liquor Law Violations: The violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.

Disciplinary Referrals: Include those individuals referred to the Office of Student Conduct for liquor law, drug law, and illegal weapons violations by Student Affairs. The numbers include incidents that are reported via MGA PD incident reports and reports provided directly to OSRR from other members of the MGA community.

Dating Violence

O.C.G.A. § 19-13A-1(2): 'Dating violence' means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or who are currently, or within the last 12 months were, in a dating relationship:

1. Any felony; or
2. Commission of the offenses of simple battery, battery, simple assault, or stalking.

Domestic Violence

Georgia does not have a Domestic Violence law, but defines Family Violence

O.C.G.A. § 19-13-1: As used in this article, the term "family violence" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

1. Any felony; or
2. Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

Sexual Assault

Georgia does not have a Sexual Assault law, but defines Sexual Battery:

O.C.G.A. § 16-6-22.1:

1. For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
2. A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
3. Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
4. A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
5. Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
6. When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim is of age or younger and no more than 48 months older than the alleged victim, this subsection shall not be applicable.

Rape

O.C.G.A. § 16-6-1:

(a) A person commits the offense of rape when he has carnal knowledge of:

1. A female forcibly and against her will; or
2. A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10- 6.1 and 17-10-7.

(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.

(d)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21.

(2) Any person having been previously convicted of a sexual felony who is convicted of the offense of rape shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.

Sodomy; Aggravated Sodomy; Medical Expenses

O.C.G.A. § 16-6-2:

1. (1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
2. (1) Except as provided in subsection (d) of this Code section, a person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
3. When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
4. If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (e)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21.

(2) Any person having been previously convicted of a sexual felony who is convicted of the felony offense of aggravated sodomy shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.

Fondling

The State of Georgia does not have a definition for Fondling, however what the Clery Act defines as fondling is included in the State definition of Sexual Battery provided above.

Incest

O.C.G.A. § 16-6-22:

1. A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows: (1) Father and child or stepchild; (2) Mother and child or stepchild; (3) Siblings of the whole blood or of the half-blood; (4) Grandparent and grandchild of the whole blood or of the half-blood; (5) Aunt and niece or nephew of the whole blood or of the half-blood; or (6) Uncle and niece or nephew of the whole blood or of the half blood.
2. A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. 11
3. (1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21. (2) Any person having been previously convicted of a sexual felony who is convicted of the offense of incest shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.

Statutory Rape

O.C.G.A. § 16-6-3:

1. 1. A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
   2. Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
   3. If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.
   4. (1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21. (2) Any person having been previously convicted of a sexual felony who is convicted of the felony offense of statutory rape when the individual convicted was 21 years of age or older, shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.

Stalking

O.C.G.A. § 16-5-90:

1. (1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms "computer" and "computer network" shall have the same meanings as set out in Code Section 16-9-92; the term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term "place or places" shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term "harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
   
   (2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person's consent in such a manner that causes other persons to harass or intimidate such person 12 and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others. (b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor. (c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years. (d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person's immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation.

Consent

Georgia does not define consent there is a published definition of “Without his consent” in: O.C.G.A. § 16-1-3: (19) “Without his consent” means that a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.

Middle Georgia State University defines Consent according to the University System of Georgia BOR 6.7.1 Definitions and Prohibited Conduct