reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 2 - ASSAULT AND BATTERY (§§ 16-5-19 — 16-5-29) › Section 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

(a)
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.
(b)
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.
(c)
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.
Amended by 2005 Ga. Laws 19,§ 16, eff. 4/7/2005.
Added by 2004 Ga. Laws 560, § 3A, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 2 - ASSAULT AND BATTERY (§§ 16-5-19 — 16-5-29) › Section 16-5-27 - Female genital mutilation

(a)
Any person:
(1)
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;
(2)
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
(3)
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.
(b)
A person convicted of female genital mutilation shall be punished by imprisonment for not less than five nor more than 20 years.
(c)
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.
(d)
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.
(e)
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.
Amended by 2011 Ga. Laws 52,§; 25, eff. 1/1/2013.
Added by 2005 Ga. Laws 157,§; 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 2 - ASSAULT AND BATTERY (§§ 16-5-19 — 16-5-29) › Section 16-5-28 - Assault on an unborn child

(a)
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.
(b)
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.
(c)
Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor.
(d)
Nothing in this Code section shall be construed to permit the prosecution of:
(1)
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;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child; or
(3)
Any woman with respect to her unborn child.
Added by 2006 Ga. Laws 654,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 2 - ASSAULT AND BATTERY (§§ 16-5-19 — 16-5-29) › Section 16-5-29 - Battery of an unborn child

(a)
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.
(b)
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.
(c)
A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor.
(d)
Nothing in this Code section shall be construed to permit the prosecution of:
(1)
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;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child; or
(3)
Any woman with respect to her unborn child.
Added by 2006 Ga. Laws 654,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES (§§ 16-5-40 — 16-5-47) › Section 16-5-40 - Kidnapping

(a)
A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.
(b)
(1)
For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense.
(2)
Movement shall not be considered merely incidental to another offense if it:
(A)
Conceals or isolates the victim;
(B)
Makes the commission of the other offense substantially easier;
(C)
Lessens the risk of detection; or
(D)
Is for the purpose of avoiding apprehension.
(c)
The offense of kidnapping shall be considered a separate offense and shall not merge with any other offense.
(d)
A person convicted of the offense of kidnapping shall be punished by:
(1)
Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older;
(2)
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, if the kidnapping involved a victim who is under 14 years of age;
(2.1)
(A)
As used in this paragraph, the term "sexual felony" shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section
16-5-21
.
(B)
Any person having been previously convicted of a sexual felony who is convicted of the offense of kidnapping which involves a victim who is under 14 years of age, except by a parent, 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
;
(3)
Life imprisonment or death if the kidnapping was for ransom; or
(4)
Life imprisonment or death if the person kidnapped received bodily injury.
(e)
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
.
(f)
The offense of kidnapping is declared to be a continuous offense, and venue may be in any county where the accused exercises dominion or control over the person of another.
Amended by 2023 Ga. Laws 347,§ 3-2, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.
Amended by 2009 Ga. Laws 88,§ 1, eff. 7/1/2009.
Amended by 2006 Ga. Laws 571,§ 5, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES (§§ 16-5-40 — 16-5-47) › Section 16-5-41 - False imprisonment

(a)
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
(b)
A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
(c)
Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section
17-10-6.2
.
Amended by 2006 Ga. Laws 571,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES (§§ 16-5-40 — 16-5-47) › Section 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES (§§ 16-5-40 — 16-5-47) › Section 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 3 - KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES (§§ 16-5-40 — 16-5-47) › Section 16-5-44 - Hijacking an aircraft

(a)
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.
(b)
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.
(c)
A person convicted of the offense of hijacking an aircraft shall be punished by death or life imprisonment.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 4 - RECKLESS CONDUCT (§§ 16-5-60 — 16-5-61) › Section 16-5-60 - Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons

(a)
(1)
Any term used in this Code section and defined in Code Section
31-22-9.1
shall have the meaning provided for such term in Code Section
31-22-9.1
.
(2)
As used in this Code section, the term "person living with HIV" means a person who has a confirmed positive HIV test, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.
(b)
A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his or her act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
(c)
A person living with HIV who:
(1)
Knowingly engages in a sexual act with the intent to transmit HIV and does not disclose his or her status as being a person living with HIV to the other person prior to that sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission; provided, however, that this paragraph shall not apply to a person living with HIV who is forced into a sexual act against his or her will; or
(2)
Offers or consents to perform with another person a sexual act for money with the intent to transmit HIV without disclosing his or her status as being a person living with HIV to that other person prior to offering or consenting to perform the sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five years.
Amended by 2022 Ga. Laws 845,§ 2, eff. 7/1/2022.
Amended by 2003 Ga. Laws 54, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 4 - RECKLESS CONDUCT (§§ 16-5-60 — 16-5-61) › Section 16-5-61 - Hazing

(a)
As used in this Code section, the term:
(1)
"Haze" or "hazing" means to subject a student to an activity which endangers or is likely to endanger the physical health of a student or coerces the student through the use of social or physical pressure to consume any food, liquid, alcohol, drug, or other substance which subjects the student to a likely risk of vomiting, intoxication, or unconsciousness regardless of a student's willingness to participate in such activity.
(2)
"School" means any unit of the University System of Georgia, any unit of the Technical College System of Georgia, or any private postsecondary school, college, or university in this state.
(3)
"School organization" means any association, corporation, order, club, society, fraternity, sorority, athletic team, or a group living together which has students or alumni as its principal members, including local affiliate organizations.
(4)
"Student" means any person enrolled or prospectively enrolled in a school in this state.
(b)
It shall be unlawful for any person to haze any student in connection with or as a condition or precondition of gaining acceptance, membership, office, or other status in a school organization.
(c)
Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
Amended by 2021 Ga. Laws 144,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 5 - CRUELTY TO CHILDREN (§§ 16-5-70 — 16-5-73) › Section 16-5-70 - Cruelty to children

(a)
A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.
(b)
Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.
(c)
Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d)
Any person commits the offense of cruelty to children in the third degree when:
(1)
Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or
(2)
Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
(e)
(1)
A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(2)
A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years.
(3)
A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.
Amended by 2004 Ga. Laws 439, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 5 - CRUELTY TO CHILDREN (§§ 16-5-70 — 16-5-73) › Section 16-5-71 - Tattooing

(a)
It shall be unlawful for any person to tattoo the body of any person under the age of 18, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 18 by pricking in coloring matter or by producing scars for medical or cosmetic purposes.
(b)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 5 - CRUELTY TO CHILDREN (§§ 16-5-70 — 16-5-73) › Section 16-5-71.1 - Piercing of the body

(a)
It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior written consent of a custodial parent or guardian of such minor is obtained; provided, however, that the prohibition contained in this subsection shall not apply if:
(1)
Such person has been furnished with proper identification showing that the individual is 18 years of age or older; and
(2)
The person reasonably believes such minor to be 18 years of age or older.
(b)
Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 5 - CRUELTY TO CHILDREN (§§ 16-5-70 — 16-5-73) › Section 16-5-72 - Reckless abandonment

(a)
A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of one year commits the offense of reckless abandonment of a child when the person willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 25 years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 5 - CRUELTY TO CHILDREN (§§ 16-5-70 — 16-5-73) › Section 16-5-73 - Prohibition against presence of children during manufacture of methamphetamine; punishment

(a)
As used in this Code section, the term:
(1)
"Chemical substance" means anhydrous ammonia, as defined in Code Section
16-11-111
; ephedrine, pseudoephedrine, or phenylpropanolamine, as those terms are defined in Code Section
16-13-30.3
; or any other chemical used in the manufacture of methamphetamine.
(2)
"Child" means any individual who is under the age of 18 years.
(3)
"Intent to manufacture" means but is not limited to the intent to manufacture methamphetamine, which may be demonstrated by a chemical substance's usage, quantity, or manner or method of storage, including but not limited to storing it in proximity to another chemical substance or equipment used to manufacture methamphetamine.
(4)
"Methamphetamine" means methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Code Section
16-13-26
.
(5)
"Serious injury" means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening.
(b)
(1)
Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years.
(2)
Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.
Amended by 2005 Ga. Laws 19,§ 16, eff. 4/7/2005.
Added by 2004 Ga. Laws 439, § 4, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 6 - FETICIDE (§ 16-5-80) › Section 16-5-80 - Feticide; voluntary manslaughter of an unborn child; penalties

(a)
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.
(b)
A person commits the offense of feticide if he or she willfully and without legal justification causes the death of an unborn child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child.
(c)
A person convicted of the offense of feticide shall be punished by imprisonment for life.
(d)
A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide.
(e)
A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years.
(f)
Nothing in this Code section shall be construed to permit the prosecution of:
(1)
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;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child; or
(3)
Any woman with respect to her unborn child.
Amended by 2006 Ga. Laws 654,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 7 - STALKING (§§ 16-5-90 — 16-5-96) › Section 16-5-91 - Aggravated stalking

(a)
A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section
17-6-110
, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, 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.
(b)
Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years and by a fine of not more than $10,000.00. The provisions of subsection (d) of Code Section
16-5-90
apply to sentencing for conviction of aggravated stalking.
Amended by 2002 Ga. Laws 850, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 7 - STALKING (§§ 16-5-90 — 16-5-96) › Section 16-5-92 - Applicability

The provisions of Code Sections
16-5-90
and
16-5-91
shall not apply to persons engaged in activities protected by the Constitution of the United States or of this state or to persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in the practice of a profession.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 7 - STALKING (§§ 16-5-90 — 16-5-96) › Section 16-5-94 - Restraining orders; protective orders

(a)
A person who is not a minor who alleges stalking by another person may seek a restraining order by filing a petition alleging conduct constituting stalking as defined in Code Section
16-5-90
. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition.
(b)
Jurisdiction for such a petition shall be the same as for family violence petitions as set out in Code Section
19-13-2
.
(c)
Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking by the respondent has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from stalking. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner.
(d)
The court may grant a protective order on a temporary or permanent basis or approve a consent agreement to bring about a cessation of conduct constituting stalking. The court shall not have the authority to issue or approve mutual protective orders unless the respondent has filed a verified petition as a counter petition pursuant to subsection (c) of this Code section no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing. Orders or agreements may:
(1)
Direct a party to refrain from such conduct;
(2)
Order a party to refrain from harassing or interfering with the other;
(3)
Award costs and attorney's fees to either party; and
(4)
Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of stalking.
(e)
The provisions of subsections (c), (d), and (e) of Code Section
19-13-3
, subsections (b), (c), and (d) of Code Section
19-13-4
, and Code Section
19-13-5
, relating to family violence petitions, shall apply to petitions filed pursuant to this Code section, except that the clerk of court may provide forms for petitions and pleadings to persons alleging conduct constituting stalking and to any other person designated by the superior court pursuant to this Code section as authorized to advise persons alleging conduct constituting stalking on filling out and filing such petitions and pleadings.
Amended by 2024 Ga. Laws 582,§ 1, eff. 7/1/2024.
Amended by 2023 Ga. Laws 258,§ 1, eff. 7/1/2023.
Amended by 2021 Ga. Laws 273,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 7 - STALKING (§§ 16-5-90 — 16-5-96) › Section 16-5-96 - Publication of second or subsequent conviction of stalking or aggravated stalking; cost of publication; good faith publications immune from liability

(a)
The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section
16-5-90
or
16-5-91
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.
(b)
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.
(c)
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.
Amended by 2005 Ga. Laws 19,§ 16, eff. 4/7/2005.
Added by 2004 Ga. Laws 560, § 3B, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 8 - PROTECTION OF ELDER PERSONS, DISABLED ADULTS AND LONG-TERM CARE RESIDENTS (§§ 16-5-100 — 16-5-105) › Section 16-5-101 - Neglect to a disabled adult, elder person, or resident

(a)
A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized.
(b)
The provisions of this Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section
31-1-14
, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31, or any employee or agent thereof to provide essential services or shelter to any person in the absence of another legal obligation to do so.
(c)
The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident who in good faith provides treatment by spiritual means alone through prayer for the person's physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person.
(d)
A person who commits the offense of neglect to a disabled adult, elder person, or resident of a long-term care facility, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.
Amended by 2022 Ga. Laws 836,§ 2-3, eff. 7/1/2022.
Amended by 2015 Ga. Laws 55,§ 4, eff. 7/1/2015.
Renumbered from §
16-5-100
and amended by 2013 Ga. Laws 132,§ 1-1, eff. 7/1/2013.
Amended by 2007 Ga. Laws 48,§ 6, eff. 7/1/2007.
Amended by 2002 Ga. Laws 783, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 8 - PROTECTION OF ELDER PERSONS, DISABLED ADULTS AND LONG-TERM CARE RESIDENTS (§§ 16-5-100 — 16-5-105) › Section 16-5-102 - Exploitation and intimidation of disabled adults, elder persons, and residents; obstruction of investigation

(a)
Any person who knowingly and willfully exploits a disabled adult, elder person, or resident, willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled adult, elder person, or resident, or willfully deprives of essential services a disabled adult, elder person, or resident shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.
(b)
Any person who threatens, intimidates, or attempts to intimidate a disabled adult, elder person, or resident who is the subject of a report made pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, or any other person cooperating with an investigation conducted pursuant to this Code section, shall be guilty of a misdemeanor of a high and aggravated nature.
(c)
Any person who willfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, upon conviction, shall be guilty of a misdemeanor of a high and aggravated nature.
Added by 2013 Ga. Laws 132,§ 1-1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 8 - PROTECTION OF ELDER PERSONS, DISABLED ADULTS AND LONG-TERM CARE RESIDENTS (§§ 16-5-100 — 16-5-105) › Section 16-5-103 - Exceptions to criminal liability

(a)
An owner, officer, administrator, board member, employee, or agent of a long-term care facility shall not be held criminally liable for the actions of another person who is convicted pursuant to this article unless such owner, officer, administrator, board member, employee, or agent was a knowing and willful party to or conspirator to the abuse or neglect, as defined in Code Section
30-5-3
, or exploitation of a disabled adult, elder person, or resident.
(b)
A violation of this article shall not give rise to a private cause of action or civil remedies under subsection (b) or (c) of Code Section
16-14-6
against a long-term care facility or any owner, officer, employee, operator, or manager of such facility. Nothing in this subsection shall limit the criminal or civil remedies available to the state pursuant to state law.
Amended by 2015 Ga. Laws 86,§ 1-2, eff. 7/1/2015.
Added by 2013 Ga. Laws 132,§ 1-1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 8 - PROTECTION OF ELDER PERSONS, DISABLED ADULTS AND LONG-TERM CARE RESIDENTS (§§ 16-5-100 — 16-5-105) › Section 16-5-104 - Venue

For the purpose of venue under this article, any violation of this article shall be considered to have been committed:
(1)
In any county in which any act was performed in furtherance of the violation; or
(2)
In any county in which any alleged victim resides.
Added by 2015 Ga. Laws 86,§ 1-3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 8 - PROTECTION OF ELDER PERSONS, DISABLED ADULTS AND LONG-TERM CARE RESIDENTS (§§ 16-5-100 — 16-5-105) › Section 16-5-105 - Applicability

(a)
The use of a power of attorney as provided for in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from prosecution under this article.
(b)
This article shall be cumulative and supplemental to any other law of this state.
Amended by 2017 Ga. Laws 186,§ 3-3, eff. 7/1/2017.
Renumbered by 2015 Ga. Laws 86,§ 1-3, eff. 7/1/2015.
Added by 2013 Ga. Laws 132,§ 1-1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 5 - CRIMES AGAINST THE PERSON (§§ 16-5-1 — 16-5-110) › Article 9 - NOTICE OF CONVICTION AND RELEASE FROM CONFINEMENT (§ 16-5-110) › Section 16-5-110 - Publication of notice; information required; assessment for cost; immunity

(a)
When a person who has been convicted of a crime for which that person is required to register under Code Section
42-1-12
makes his or her first report to a sheriff after such person's release from confinement, placement on probation, or upon establishing residency in the county, the sheriff shall cause to be published a notice of conviction and release from confinement of such person. Such notice 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; if available, the date, time, and place of arrest; and the disposition of the case. The notice shall be published at or near the time the person registers with the sheriff at least once, and, at the sheriff's option, may be published more than once, in the legal organ of the appropriate county. The notice shall include the address of the Georgia Bureau of Investigation website for additional information regarding the sexual offender registry.
(b)
The convicted person for which a notice of conviction and release from confinement is published pursuant to subsection (a) of 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 reporting to the sheriff's office.
(c)
The sheriff, the publisher of any legal organ which publishes a notice of conviction and release from confinement, and any other person involved in the publication of an erroneous notice of conviction and release from confinement shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.
Amended by 2007 Ga. Laws 18,§ 16, eff. 5/11/2007.
Amended by 2006 Ga. Laws 571,§ 7, eff. 7/1/2006.
Amended by 2006 Ga. Laws 453,§ 16, eff. 4/14/2006.
Amended by 2005 Ga. Laws 74,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-1 - Rape

(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
.
Amended by 2023 Ga. Laws 347,§ 3-4, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.
Amended by 2011 Ga. Laws 53,§ 1, eff. 7/1/2011.
Amended by 2006 Ga. Laws 571,§ 8, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-2 - Sodomy; aggravated sodomy; medical expenses

(a)
(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.
(b)
(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
.
(c)
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.
(d)
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
.
Amended by 2023 Ga. Laws 347,§ 3-5, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.
Amended by 2011 Ga. Laws 53,§ 2, eff. 7/1/2011.
Amended by 2006 Ga. Laws 571,§ 9, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 6 - SEXUAL OFFENSES (§§ 16-6-1 — 16-6-25) › Section 16-6-3 - Statutory rape

(a)
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.
(b)
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
.
(c)
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.
(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 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
.
Amended by 2023 Ga. Laws 347,§ 3-6, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.
Amended by 2006 Ga. Laws 571,§ 10, eff. 7/1/2006.