Georgia Jury Instruction - Controlled Substances - Unlawful Use Of Communications Facility
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How to fill out Jury Instruction - Controlled Substances - Unlawful Use Of Communications Facility?
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FAQ
Communication facility refers to all mail, wire, telephone, radio, and computer-based communication systems.
Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity.
Jury Instructions Title 21, United States Code, Section 841(a)(1) makes it a crime for a physician to knowingly or intentionally distribute or dispense a controlled substance unless it was done within the usual course of professional prac- tice and for a legitimate medical purpose.
The law bans using communications tech to ?facilitate? a drug felony. This means helping to coordinate or arrange an illegal drug activity in any way. For example: Texting your friend for the phone number of a drug dealer.
The standard maximum penalty for unlawful use of a communications facility is four years. However, if the defendant has previously been convicted of a controlled substance violation, the maximum penalty is eight years.
§ 16-13-32.3, communications facility is defined as any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, computer or computer network, and all other means of communication.
Communication facility means the set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.
Basically, if any communication device is used in the commission of a felony crime, a defendant can be convicted of the criminal use of a communication facility. The law states provide that every instance where a communication is proven to be utilized constitutes a separate offense.