reglab/housing_qa huggingface dataset:
GA Code § 16-3-40 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 3 - Defenses to Criminal Prosecutions|Article 3 - Alibi|§ 16-3-40. Alibi

 The defense of alibi involves the impossibility of the accused's presence at the scene of the offense at the time of its commission. The range of the evidence in respect to time and place must be such as reasonably to exclude the possibility of presence.   (Penal Code 1895, § 992; Penal Code 1910, § 1018; Code 1933, § 38-122.)   Law reviews.   - For note discussing Smith v. Smith, 454 F.2d 572 (5th Cir. 1971), rehearing and rehearing en banc denied February 1, 1972, see 23 Mercer L. Rev. 977 (1972). For comment on Parham v. State, 120 Ga. App. 723, 171 S.E.2d 911 (1969) and the rejection of charge that defendant must prove alibi to the satisfaction of the jury, see 21 Mercer L. Rev. 511 (1970). For comment on Bassett v. Smith, 464 F.2d 347 (5th Cir. 1972), refusing to apply decision holding Georgia's alibi instruction unconstitutional retroactively, see 9 Ga. St. B. J. 500 (1973).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   When Charge Required   When Charge Not Required   Burden of Proof   Application    RESEARCH REFERENCES   Am. Jur. 2d.   - 29A Am. Jur. 2d, Evidence, § 1417.   Alibi Defense, 27 POF2d 431.   ALR.    - Instructions disparaging defense of alibi, 14 A.L.R. 1426; 67 A.L.R. 122; 146 A.L.R. 1377.    Burden and degree of proof as to alibi, 29 A.L.R. 1127; 67 A.L.R. 138; 124 A.L.R. 471.    Duty of court to instruct on the subject of alibi, 118 A.L.R. 1303.   Validity and construction of statute requiring defendant in criminal case to disclose matter as to alibi defense, 45 A.L.R.3d 958.   Duty of court, in absence of specific request, to instruct on subject of alibi, 72 A.L.R.3d 547.   Propriety and prejudicial effect of "on or about" instruction where alibi evidence in federal criminal case purports to cover specific date shown by prosecution evidence, 92 A.L.R. Fed. 313.
GA Code § 16-5-4 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 1 - Homicide|§ 16-5-4. Time Elapsed Between Injury and Death

 In order to be a homicide punishable under this article, death need not have occurred within a year and a day from the date of the injury alleged to have caused such death.    (Code 1981, §16-5-4, enacted by Ga. L. 1991, p. 719, § 1.)   Editor's notes.   - Ga. L. 1991, p. 719, § 2, not codified by General Assembly, provides: "It is the intent of this Act to make statutory the ruling of the Supreme Court of Georgia that the year and a day rule referred to herein is not the law of Georgia."   JUDICIAL DECISIONS    Cited in Lang v. State, 344 Ga. App. 623, 812 S.E.2d 16 (2018).
GA Code § 16-5-19 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-19. Definitions

 As used in this article, the term:    "Correctional officer" means any person who is authorized to exercise the power of arrest and who is employed or appointed by the Department of Corrections or the State Board of Pardons and Paroles.   "Emergency health worker" means hospital emergency department personnel and emergency medical services personnel.   "Firefighter" shall have the same meaning as set forth in Code Section 25-4-2.   "Highway emergency response operator" means an individual employed by the Department of Transportation who operates a towing or recovery vehicle or highway maintenance vehicle.   "Jail officer" means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility.   "Juvenile correctional officer" means any person employed or appointed by the Department of Juvenile Justice who has the primary responsibility for the supervision and control of youth confined in its programs and facilities.   "Officer of the court" means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or court interpreter.   "Probation officer" means a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42.   "Public safety officer" means peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, or probation officer.   "Public transit vehicle" shall have the same meaning as set forth in Code Section 16-5-20.   "Strangulation" means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person.     (Code 1981, §16-5-19, enacted by Ga. L. 2017, p. 500, § 3-1/SB 160.)   Editor's notes.   - Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"   Law reviews.   - For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For article on the 2017 enactment of this Code section, see 34 Ga. St. U. L. Rev. 89 (2017).   JUDICIAL DECISIONS   Evidence supported conviction.   - Even assuming that serious disfigurement required evidence that the victim's outward appearance was altered in some way, the evidence was sufficient to support the defendant's aggravated battery conviction as a reasonable juror might readily infer that two blows to the head with an ax, hard enough that the assailant initially believed the blows to be fatal, leaving the victim twitching, convulsing, or swaying, and able only to crawl, would cause a significant, outwardly visible head wound. Byers v. State, Ga. , S.E.2d (Apr. 5, 2021).
GA Code § 16-5-22 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-22. Conviction of Assault With Intent to Commit a Crime if Intended Crime Actually Committed

 A person may be convicted of the offense of assault with intent to commit a crime if the crime intended was actually committed as a result of the assault but may not be convicted of both the assault and completed crime.   (Code 1933, § 26-1303, enacted by Ga. L. 1968, p. 1249, § 1.)   RESEARCH REFERENCES   ALR.   - Attempt to commit assault as criminal offense, 93 A.L.R.5th 683.
GA Code § 16-5-25 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-25. Opprobrious or Abusive Language as Justification for Simple Assault or Simple Battery

 A person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.   (Laws 1833, Cobb's 1851 Digest, p. 786; Code 1863, § 4576; Code 1868, § 4597; Code 1873, § 4694; Code 1882, § 4694; Penal Code 1895, § 103; Penal Code 1910, § 103; Code 1933, § 26-1409; Code 1933, § 26-1306, enacted by Ga. L. 1968, p. 1249, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Assault and Battery, § 44.   Liability for Abusive Language, 16 POF2d 493.   C.J.S.   - 6A C.J.S., Assault, §§ 105, 106.   ALR.    - What is "infamous" offense within constitutional or statutory provision in relation to presentment or indictment by grand jury, 24 A.L.R. 1002.    Liability of tort-feasor for consequences of act induced by fear aroused by tort, 35 A.L.R. 1447.   Insulting words as provocation of homicide or as reducing the degree thereof, 2 A.L.R.3d 1292.
GA Code § 16-5-26 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-26. Publication of Second or Subsequent Conviction of Simple Assault, Simple Battery, or Battery; Cost of Publication; Good Faith Publications Immune From Liability

  The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-20 and is sentenced pursuant to subsection (d) of such Code section, Code Section 16-5-23 and is sentenced pursuant to subsection (f) of such Code section, or Code Section 16-5-23.1 shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest; the name and address of the convicted person; the date, time, and place of arrest; and the disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.   The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed.   The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.     (Code 1981, §16-5-26, enacted by Ga. L. 2004, p. 621, § 3A; Ga. L. 2005, p. 60, § 16/HB 95.)   Editor's notes.   - Ga. L. 2004, p. 621, § 9(b), not codified by the General Assembly, provides that this Code section shall apply to offenses committed on or after July 1, 2004.
GA Code § 16-5-27 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-27. Female Genital Mutilation

  Any person:   Who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female under 18 years of age;   Who is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or   Who knowingly removes or causes or permits the removal of a female under 18 years of age from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female  shall be guilty of female genital mutilation.      A person convicted of female genital mutilation shall be punished by imprisonment for not less than five nor more than 20 years.   This Code section shall not apply to procedures performed by or under the direction of a physician, a registered professional nurse, a certified nurse midwife, or a licensed practical nurse licensed pursuant to Chapter 34 or 26, respectively, of Title 43 when necessary to preserve the physical health of the female. This Code section shall also not apply to any autopsy or limited dissection as defined by Code Section 45-16-21 which is conducted in accordance with Article 2 of Chapter 16 of Title 45.   Consent of the female under 18 years of age or the parent, guardian, or custodian of the female under 18 years of age shall not be a defense to the offense of female genital mutilation. Religion, ritual, custom, or standard practice shall not be a defense to the offense of female genital mutilation.   The statutory privileges provided by Chapter 5 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under 18 years of age, but such person shall be compellable to give evidence only on the specific act for which the accused is charged.     (Code 1981, §16-5-27, enacted by Ga. L. 2005, p. 820, § 1/HB 10; Ga. L. 2011, p. 99, § 25/HB 24.)   Editor's notes.   - Ga. L. 2005, p. 820, § 2/HB 10, not codified by the General Assembly, provides that this Act shall apply to all offenses committed on or after July 1, 2005.   Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011).
GA Code § 16-5-28 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-28. Assault on an Unborn Child

  For the purposes of this Code section, the term "unborn child" means a member of the species homo sapiens at any stage of development who is carried in the womb.   A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child.   Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor.   Nothing in this Code section shall be construed to permit the prosecution of:   Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;   Any person for any medical treatment of the pregnant woman or her unborn child; or   Any woman with respect to her unborn child.       (Code 1981, §16-5-28, enacted by Ga. L. 2006, p. 643, § 1/SB 77.)   Editor's notes.   - Ga. L. 2006, p. 643, § 5/SB 77, not codified by the General Assembly, provides that the amendment by that Act shall apply to all offenses committed on or after July 1, 2006.   Law reviews.   - For article on 2006 enactment of this Code section, see 23 Ga. St. U. L. Rev. 27 (2006).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting required for violators.    - Those charged with offenses under O.C.G.A. § 16-5-28 are to be fingerprinted. 2007 Op. Att'y Gen. No. 2007-1.
GA Code § 16-5-29 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-29. Battery of an Unborn Child

  For the purposes of this Code section, the term "unborn child" means a member of the species homo sapiens at any stage of development who is carried in the womb.   A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child.   A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor.   Nothing in this Code section shall be construed to permit the prosecution of:   Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;   Any person for any medical treatment of the pregnant woman or her unborn child; or   Any woman with respect to her unborn child.       (Code 1981, §16-5-29, enacted by Ga. L. 2006, p. 643, § 1/SB 77.)   Editor's notes.   - Ga. L. 2006, p. 643, § 5/SB 77, not codified by the General Assembly, provides that the amendment by that Act shall apply to all offenses committed on or after July 1, 2006.   Law reviews.   - For article on 2006 enactment of this Code section, see 23 Ga. St. U. L. Rev. 37 (2006).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting required for violators.    - Those charged with offenses under O.C.G.A. § 16-5-29 are to be fingerprinted. 2007 Op. Att'y Gen. No. 2007-1.
GA Code § 16-5-42 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 3 - Kidnapping, False Imprisonment, and Related Offenses|§ 16-5-42. False Imprisonment Under Color of Legal Process

 When the arrest, confinement, or detention of a person by warrant, mandate, or process is manifestly illegal and shows malice and oppression, an officer issuing or knowingly and maliciously executing the same shall, upon conviction thereof, be removed from office and punished by imprisonment for not less than one nor more than ten years.   (Laws 1833, Cobb's 1851 Digest, p. 788; Code 1863, § 4265; Code 1868, § 4300; Code 1873, § 4366; Code 1882, § 4366; Ga. L. 1895, p. 63, §§ 1, 2; Penal Code 1895, § 108; Penal Code 1910, § 108; Code 1933, § 26-1503; Code 1933, § 26-1309, enacted by Ga. L. 1968, p. 1249, § 1.)   Cross references.   - Civil action for false imprisonment, § 51-7-20 et seq.   JUDICIAL DECISIONS    Law does not presume malice against judicial officer because the officer renders an illegal judgment, or because, in the discharge of the officer's official functions, the officer does an illegal act. Campbell v. State, 48 Ga. 353 (1873).   Justice of peace indicted under O.C.G.A.    § 16-5-42 is not entitled to appear before grand jury. - Justice of the peace indicted for false imprisonment under color of legal process is not entitled to the right of appearance and of being heard before the grand jury at the time the true bill is found. Campbell v. State, 48 Ga. 353 (1873).    When defendant was arrested without a warrant, a charge on O.C.G.A. § 16-5-42 was not appropriate, and the refusal to give the charge was not error. Parrish v. State, 182 Ga. App. 247, 355 S.E.2d 682 (1987).    Cited in Mastroianni v. Deering, 879 F. Supp. 1245 (S.D. Ga. 1994); Mastroianni v. Bowers, 160 F.3d 671 (11th Cir. 1998); Tesler v. State, 295 Ga. App. 569, 672 S.E.2d 522 (2009).   RESEARCH REFERENCES   Am. Jur. 2d.   - 46 Am. Jur. 2d, Judges, § 77.   C.J.S.   - 35 C.J.S., False Imprisonment, § 4 et seq.   ALR.    - Civil liability of judicial officer for false imprisonment, 13 A.L.R. 1344; 55 A.L.R. 282; 173 A.L.R. 802.    Malice and want of probable cause as elements of action for false imprisonment, 19 A.L.R. 671; 137 A.L.R. 504.    Action for malicious prosecution or false arrest based on extradition proceeding, 55 A.L.R. 353.    Justification in action for false imprisonment by proof of existence of ground other than that on which arrest was made, or one of several grounds on which it was made, 64 A.L.R. 653.    Delay in taking before magistrate or denial of opportunity to give bail as supporting action for false imprisonment, 79 A.L.R. 13.    Malice and want of probable cause as element or factor of action for false imprisonment, 137 A.L.R. 504.   Liability for false arrest or imprisonment under a warrant as affected by mistake as to identity of person arrested, 10 A.L.R.2d 750; 39 A.L.R.4th 705.   Liability of police or peace officers for false arrest, imprisonment, or malicious prosecution as affected by claim of suppression, failure to disclose, or failure to investigate exculpatory evidence, 81 A.L.R.4th 1031.
GA Code § 16-5-43 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 3 - Kidnapping, False Imprisonment, and Related Offenses|§ 16-5-43. Malicious Confinement of Sane Person in an Asylum

 A person who maliciously causes the confinement of a sane person, knowing such person to be sane, in any asylum, public or private, shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than ten years.   (Ga. L. 1890-91, p. 237, § 4; Penal Code 1895, § 560; Penal Code 1910, § 575; Code 1933, § 26-1504; Code 1933, § 26-1310, enacted by Ga. L. 1968, p. 1249, § 1.)   Cross references.   - Procedures for detaining persons in facilities for treatment of mental illness, § 37-3-81 et seq.    Petition for writ of habeas corpus to question cause and legality of detention in facility for treatment of mental illness, § 37-3-148.   Civil action for false arrest, false imprisonment, and malicious prosecution, T. 51, Ch. 7.   JUDICIAL DECISIONS   Convictions did not merge as a matter of fact.    - Defendant's convictions for false swearing under O.C.G.A. § 16-10-71, proven by evidence that defendant made false statements in an affidavit seeking an involuntary commitment order for the victim, and malicious confinement under O.C.G.A. § 16-5-43, supported by proof apart from the execution of the false affidavit, did not merge as a matter of fact. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).   Failure to raise void for vagueness claim not deficient performance.    - Trial counsel's failure to raise a novel legal argument, that O.C.G.A. § 16-5-43 was unconstitutionally vague, did not amount to ineffective assistance of counsel. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).   Failure to hire an expert.    - Trial counsel was not ineffective for failing to hire an expert to testify to the detrimental effects of cocaine use in a trial in which defendant was charged with violating O.C.G.A. § 16-5-43 after swearing in an affidavit that the victim was suicidal and was using crack cocaine; the relevant consideration was what defendant knew or could show concerning the victim's mental state at the time defendant had the victim confined because the defendant had not seen the victim for several months and could not have observed the victim on the date or during the time frame stated in the affidavit. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).   RESEARCH REFERENCES   C.J.S.   - 35 C.J.S., False Imprisonment, §§ 21, 23, 24.   ALR.    - Civil liability of judicial officer for false imprisonment, 55 A.L.R. 282; 173 A.L.R. 802.   Right, without judicial proceeding, to arrest and detain one who is, or is suspected of being, mentally deranged, 92 A.L.R.2d 570.
GA Code § 16-5-44 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 3 - Kidnapping, False Imprisonment, and Related Offenses|§ 16-5-44. Hijacking an Aircraft

  A person commits the offense of hijacking an aircraft when he (1) by use of force or (2) by intimidation by the use of threats or coercion places the pilot of an aircraft in fear of immediate serious bodily injury to himself or to another and causes the diverting of an aircraft from its intended destination to a destination dictated by such person.   The offense of hijacking is declared to be a continuing offense from the point of beginning, and jurisdiction to try a person accused of the offense of hijacking shall be in any county of this state over which the aircraft is operated.   A person convicted of the offense of hijacking an aircraft shall be punished by death or life imprisonment.    (Code 1933, § 26-3301, enacted by Ga. L. 1969, p. 741, § 1.)   Cross references.   - Time limitation on prosecutions for crimes, § 17-3-1.   JUDICIAL DECISIONS    Punishment of death does not invariably violate the Constitution. Gregg v. Georgia, 428 U.S. 153, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976).    Cited in Bradshaw v. State, 284 Ga. 675, 671 S.E.2d 485 (2008).   RESEARCH REFERENCES   Am. Jur. 2d.   - 8A Am. Jur. 2d, Aviation, § 215. 61 Am. Jur. 2d, Piracy, § 5.   Proof of Liability for Air Crash, 51 POF3d 81.   ALR.   - Liability of air carrier for damage or injury sustained by passenger as result of hijacking, 72 A.L.R.3d 1299.   Validity, construction, and application of provisions of Federal Aviation Act (49 USCS Appx § 1472(i)-(l), (n)) punishing air piracy and certain acts aboard aircraft in flight, or boarding aircraft, 109 A.L.R. Fed. 488.