GA Code § 16-3-23 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 3 - Defenses to Criminal Prosecutions|Article 2 - Justification and Excuse|§ 16-3-23. Use of Force in Defense of Habitation

 A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:    The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;   That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or   The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.    (Laws 1833, Cobb's 1851 Digest, p. 785; Code 1863, § 4229; Code 1868, § 4266; Code 1873, § 4332; Code 1882, § 4332; Penal Code 1895, § 72; Penal Code 1910, § 72; Code 1933, § 26-1013; Code 1933, § 26-903, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2001, p. 1247, § 2.)   Cross references.   - Criminal trespass, § 16-7-21.    Habitation and personal property defined, § 16-3-24.1.    Immunity from civil liability for using force in defense of habitation, § 51-11-9.   Law reviews.   - For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004). For annual survey on criminal law, see 61 Mercer L. Rev. 79 (2009). For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. (2001). For note, "Cops or Robbers? How Georgia's Defense of Habitation Statute Applies to No-Knock Raids by Police," see 26 Ga. St. U. L. Rev. 585 (2010). For article, "Vigilant or Vigilante? Procedure and Rationale for Immunity in Defense of Habitation and Defense of Property Under the Official Code of Georgia Annotated §§ 16-3-23,16-3-24,16-3-24.1, and16-3-24.2," see 59 Mercer L. Rev. 629 (2008).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   What Constitutes Habitation    RESEARCH REFERENCES   ALR.    - Duty to retreat to wall as affected by illegal character of premises on which homicide occurs, 2 A.L.R. 518.    Homicide or assault in defense of habitation or property, 25 A.L.R. 508; 32 A.L.R. 1541; 34 A.L.R. 1488.   Pleading self-defense or other justification in civil assault and battery action, 67 A.L.R.2d 405.   Homicide: duty to retreat as condition of self-defense when one is attacked at his office, or place of business or employment, 41 A.L.R.3d 584.   Use of set gun, trap, or similar device on defendant's own property, 47 A.L.R.3d 646.   Unintentional killing of or injury to third person during attempted self-defense, 55 A.L.R.3d 620.   Homicide: duty to retreat where assailant is social guest on premises, 100 A.L.R.3d 532.   Homicide: duty to retreat where assailant and assailed share the same living quarters, 67 A.L.R.5th 637.