reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-8 - When prosecution barred by former prosecution

(a)
A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution:
(1)
Resulted in either a conviction or an acquittal; or
(2)
Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts or after a plea of guilty was accepted by the court.
(b)
A prosecution is barred if the accused was formerly prosecuted for a different crime or for the same crime based upon different facts, if such former prosecution:
(1)
Resulted in either a conviction or an acquittal and the subsequent prosecution is for a crime of which the accused could have been convicted on the former prosecution, is for a crime with which the accused should have been charged on the former prosecution (unless the court ordered a separate trial of such charge), or is for a crime which involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution or unless the crime was not consummated when the former trial began; or
(2)
Was terminated improperly and the subsequent prosecution is for a crime of which the accused could have been convicted if the former prosecution had not been terminated improperly.
(c)
A prosecution is barred if the accused was formerly prosecuted in a district court of the United States for a crime which is within the concurrent jurisdiction of this state if such former prosecution resulted in either a conviction or an acquittal and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution or unless the crime was not consummated when the former trial began.
(d)
A prosecution is not barred within the meaning of this Code section if:
(1)
The former prosecution was before a court which lacked jurisdiction over the accused or the crime; or
(2)
Subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the accused was thereby adjudged not guilty or unless there was a finding that the evidence did not authorize the verdict.
(e)
Termination under any of the following circumstances is not improper:
(1)
The accused consents to the termination or waives by motion to dismiss or other affirmative action his right to object to the termination; or
(2)
The trial court finds that the termination is necessary because:
(A)
It is physically impossible to proceed with the trial;
(B)
Prejudicial conduct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant;
(C)
The jury is unable to agree upon a verdict; or
(D)
False statements of a juror on voir dire prevent a fair trial.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-9 - Application of title to crimes committed prior to enactment

This title shall govern the construction and punishment of any crime defined in this title committed on and after July 1, 1969, as well as the construction and application of any defense. This title does not apply to or govern the construction or punishment of any crime committed prior to July 1, 1969, or the construction or application of any defense. Such a crime must be construed and punished according to the law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-10 - Punishment for crimes for which punishment not otherwise provided

Any conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished as for a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-11 - Effect of repeal or amendment of criminal law on prosecution of prior violations

The repeal, repeal and reenactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such law.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-12 - Restrictions on contingency fee compensation of attorney appointed to represent state in forfeiture action

(a)
In any forfeiture action brought pursuant to this title, an attorney appointed by the Attorney General or district attorney as a special assistant attorney general, special assistant district attorney, or other attorney appointed to represent this state in such forfeiture action shall not be compensated on a contingent basis by a percentage of assets which arise or are realized from such forfeiture action. Such attorneys shall also not be compensated on a contingent basis by an hourly, fixed fee, or other arrangement which is contingent on a successful prosecution of such forfeiture action.
(b)
Nothing in this Code section shall be construed as prohibiting or otherwise restricting the Attorney General or a district attorney from appointing special assistants or other attorneys to assist in the prosecution of any action brought pursuant to this title.
Added by 2012 Ga. Laws 725,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 1 - CULPABILITY (§§ 16-2-1 — 16-2-6) › Section 16-2-1 - "Crime" defined

(a)
A "crime" is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.
(b)
Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.
Amended by 2004 Ga. Laws 439, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 1 - CULPABILITY (§§ 16-2-1 — 16-2-6) › Section 16-2-2 - Effect of misfortune or accident on guilt

A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 1 - CULPABILITY (§§ 16-2-1 — 16-2-6) › Section 16-2-3 - Presumption of sound mind and discretion

Every person is presumed to be of sound mind and discretion but the presumption may be rebutted.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 1 - CULPABILITY (§§ 16-2-1 — 16-2-6) › Section 16-2-4 - Presumption that acts of sound person willful

The acts of a person of sound mind and discretion are presumed to be the product of the person's will but the presumption may be rebutted.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 1 - CULPABILITY (§§ 16-2-1 — 16-2-6) › Section 16-2-5 - Presumption that sound person intends natural and probable consequences of acts

A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts but the presumption may be rebutted.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 1 - CULPABILITY (§§ 16-2-1 — 16-2-6) › Section 16-2-6 - Intention a question of fact

A person will not be presumed to act with criminal intention but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 2 - PARTIES TO CRIMES (§§ 16-2-20 — 16-2-22) › Section 16-2-20 - When a person is a party to a crime

(a)
Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.
(b)
A person is concerned in the commission of a crime only if he:
(1)
Directly commits the crime;
(2)
Intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity;
(3)
Intentionally aids or abets in the commission of the crime; or
(4)
Intentionally advises, encourages, hires, counsels, or procures another to commit the crime.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 2 - PARTIES TO CRIMES (§§ 16-2-20 — 16-2-22) › Section 16-2-21 - Prosecution of parties who did not directly commit the crime

Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 2 - CRIMINAL LIABILITY (§§ 16-2-1 — 16-2-22) › Article 2 - PARTIES TO CRIMES (§§ 16-2-20 — 16-2-22) › Section 16-2-22 - Criminal responsibility of corporations

(a)
A corporation may be prosecuted for the act or omission constituting a crime only if:
(1)
The crime is defined by a statute which clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his office or employment and in behalf of the corporation; or
(2)
The commission of the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official who is acting within the scope of his employment in behalf of the corporation.
(b)
For the purposes of this Code section, the term:
(1)
"Agent" means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation.
(2)
"Managerial official" means an officer of the corporation or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 1 - RESPONSIBILITY (§§ 16-3-1 — 16-3-6) › Section 16-3-1 - Minimum age

A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 1 - RESPONSIBILITY (§§ 16-3-1 — 16-3-6) › Section 16-3-2 - Mental capacity; insanity

A person shall not be found guilty of a crime if, at the time of the act, omission, or negligence constituting the crime, the person did not have mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 1 - RESPONSIBILITY (§§ 16-3-1 — 16-3-6) › Section 16-3-3 - Delusional compulsion

A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of mental disease, injury, or congenital deficiency, acted as he did because of a delusional compulsion as to such act which overmastered his will to resist committing the crime.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 1 - RESPONSIBILITY (§§ 16-3-1 — 16-3-6) › Section 16-3-4 - Intoxication

(a)
A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act.
(b)
Involuntary intoxication means intoxication caused by:
(1)
Consumption of a substance through excusable ignorance; or
(2)
The coercion, fraud, artifice, or contrivance of another person.
(c)
Voluntary intoxication shall not be an excuse for any criminal act or omission.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 1 - RESPONSIBILITY (§§ 16-3-1 — 16-3-6) › Section 16-3-5 - Mistake of fact

A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which, if true, would have justified the act or omission.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 1 - RESPONSIBILITY (§§ 16-3-1 — 16-3-6) › Section 16-3-6 - Affirmative defenses to certain sexual crimes

(a)
As used in this Code section, the term:
(1)
"Coercion" shall have the same meaning as set forth in Code Section
16-5-46
.
(2)
"Deception" shall have the same meaning as set forth in Code Section
16-5-46
.
(3)
"Sexual crime" means prostitution, sodomy, solicitation of sodomy, or masturbation for hire as such offenses are proscribed in Chapter 6 of Title 16.
(4)
"Sexual servitude" shall have the same meaning as set forth in Code Section
16-5-46
.
(b)
A person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is based was committed by an accused who was:
(1)
Less than 18 years of age at the time of the conduct such person was being trafficked for sexual servitude in violation of subsection (c) of Code Section
16-5-46
; or
(2)
Acting under coercion or deception while the accused was being trafficked for sexual servitude in violation of subsection (c) of Code Section
16-5-46
.
(c)
A defense based upon any of the provisions of this Code section shall be an affirmative defense.
Amended by 2015 Ga. Laws 95,§ 4-1, eff. 7/1/2015.
Added by 2011 Ga. Laws 54,§ 3, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-20 - Justification

The fact that a person's conduct is justified is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed:
(1)
When the person's conduct is justified under Code Section
16-3-21
,
16-3-23
,
16-3-24
,
16-3-25
, or
16-3-26
;
(2)
When the person's conduct is in reasonable fulfillment of his duties as a government officer or employee;
(3)
When the person's conduct is the reasonable discipline of a minor by his parent or a person in loco parentis;
(4)
When the person's conduct is reasonable and is performed in the course of making a lawful arrest;
(5)
When the person's conduct is justified for any other reason under the laws of this state, including as provided in Code Section
51-1-29
; or
(6)
In all other instances which stand upon the same footing of reason and justice as those enumerated in this article.
Amended by 2015 Ga. Laws 86,§ 2-2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-21 - Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution

(a)
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 defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section
16-3-23
, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
(b)
A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(1)
Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
(2)
Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(3)
Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.
(c)
Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.
(d)
In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:
(1)
Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections
19-13-1
and
19-15-1
, respectively; and
(2)
Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion.
Amended by 2001 Ga. Laws 385, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-22 - Immunity from criminal liability of persons rendering assistance to law enforcement officers

(a)
Any person who renders assistance reasonably and in good faith to any law enforcement officer who is being hindered in the performance of his official duties or whose life is being endangered by the conduct of any other person or persons while performing his official duties shall be immune to the same extent as the law enforcement officer from any criminal liability that might otherwise be incurred or imposed as a result of rendering assistance to the law enforcement officer.
(b)
The official report of the law enforcement agency shall create a rebuttable presumption of good faith and reasonableness on the part of the person who assists the law enforcement officer.
(c)
The purpose of this Code section is to provide for those persons who act in good faith to assist law enforcement officers whose health and safety is being adversely affected and threatened by the conduct of any other person or persons. This Code section shall be liberally construed so as to carry out the purposes thereof.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-22.1 - Persons who provide assistance to law enforcement officers or the Division of Family and Children Services when the health and safety of children are adversely affected and threatened

(a)
Any person that in good faith has possession of materials or images in violation of Article 3 of Chapter 12 of this title and immediately notifies law enforcement officials or any person that is required by Code Section
19-7-5
to report suspected child abuse, or makes such notification within 72 hours from the time there is reasonable cause to believe such person is in possession of such materials or images, shall be immune to the same extent as a law enforcement officer would be immune from criminal liability for such possession.
(b)
The official report of the law enforcement agency or the Division of Family and Children Services of the Department of Human Services shall create a rebuttable presumption of good faith and reasonableness on the part of the person that has possession.
(c)
The purpose of this Code section is to provide for those persons that act in good faith to assist law enforcement officers or the Division of Family and Children Services of the Department of Human Services when the health and safety of a child are being adversely affected and threatened by the conduct of another. This Code section shall be liberally construed so as to carry out the purposes thereof.
Added by 2016 Ga. Laws 597,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 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:
(1)
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;
(2)
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
(3)
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.
Amended by 2001 Ga. Laws 385, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-23.1 - No duty to retreat prior to use of force in self-defense

A person who uses threats or force in accordance with Code Section
16-3-21
, relating to the use of force in defense of self or others, Code Section
16-3-23
, relating to the use of force in defense of a habitation, or Code Section
16-3-24
, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.
Added by 2006 Ga. Laws 599,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-24 - Use of force in defense of property other than a habitation

(a)
A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
(1)
Lawfully in his possession;
(2)
Lawfully in the possession of a member of his immediate family; or
(3)
Belonging to a person whose property he has a legal duty to protect.
(b)
The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-24.1 - Habitation and personal property defined

As used in Code Sections
16-3-23
and
16-3-24
, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-24.2 - Immunity from prosecution; exception

A person who uses threats or force in accordance with Code Section 16-3-20, 16-3-21, 16-3-23, 16-3-23.1, 16-3-24, or 17-4-20 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 of Article 4 of Chapter 11 of this title.
Amended by 2024 Ga. Laws 545,§ 1, eff. 5/2/2024.
Amended by 2014 Ga. Laws 604,§ 1-3, eff. 7/1/2014.
Amended by 2006 Ga. Laws 599,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-25 - Entrapment

A person is not guilty of a crime if, by entrapment, his conduct is induced or solicited by a government officer or employee, or agent of either, for the purpose of obtaining evidence to be used in prosecuting the person for commission of the crime. Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee, or with an agent of either, and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-26 - Coercion

A person is not guilty of a crime, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believes that performing the act is the only way to prevent his imminent death or great bodily injury.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-27 - Benefit of clergy

Since it is no longer needed or appropriate, the ancient device of benefit of clergy shall not exist.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 2 - JUSTIFICATION AND EXCUSE (§§ 16-3-20 — 16-3-28) › Section 16-3-28 - Affirmative defenses

A defense based upon any of the provisions of this article is an affirmative defense.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS (§§ 16-3-1 — 16-3-40) › Article 3 - ALIBI (§ 16-3-40) › Section 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-1 - Criminal attempt

A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-2 - Conviction for criminal attempt where crime completed

A person may be convicted of the offense of criminal attempt if the crime attempted was actually committed in pursuance of the attempt but may not be convicted of both the criminal attempt and the completed crime.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-3 - Charge of commission of crime as including criminal attempt

A person charged with commission of a crime may be convicted of the offense of criminal attempt as to that crime without being specifically charged with the criminal attempt in the accusation, indictment, or presentment.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-4 - Impossibility as a defense

It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-5 - Abandonment of effort to commit a crime as an affirmative defense

(a)
When a person's conduct would otherwise constitute an attempt to commit a crime under Code Section
16-4-1
, it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.
(b)
A renunciation of criminal purpose is not voluntary and complete if it results from:
(1)
A belief that circumstances exist which increase the probability of detection or apprehension of the person or which render more difficult the accomplishment of the criminal purpose; or
(2)
A decision to postpone the criminal conduct until another time.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-6 - Penalties for criminal attempt

(a)
A person convicted of the offense of criminal attempt to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than 30 years.
(b)
A person convicted of the offense of criminal attempt to commit a felony, other than a felony punishable by death or life imprisonment, shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced if he or she had been convicted of the crime attempted, by one-half the maximum fine to which he or she could have been subjected if he or she had been convicted of the crime attempted, or both.
(c)
A person convicted of the offense of criminal attempt to commit a misdemeanor shall be punished as for a misdemeanor.
Amended by 2007 Ga. Laws 255,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-7 - Criminal solicitation

(a)
A person commits the offense of criminal solicitation when, with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.
(b)
A person convicted of the offense of criminal solicitation to commit a felony shall be punished by imprisonment for not less than one nor more than three years. A person convicted of the offense of criminal solicitation to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one nor more than five years.
(c)
It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited.
(d)
The provisions of subsections (a) through (c) of this Code section are cumulative and shall not supersede any other penal law of this state.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-8 - Conspiracy to commit a crime

A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than ten years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-8.1 - Conviction of conspiracy even if crime completed

A person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section
16-4-8
, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime and the completed crime.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-9 - Withdrawal by coconspirator from agreement to commit crime

A coconspirator may be relieved from the effects of Code Section
16-4-8
if he can show that before the overt act occurred he withdrew his agreement to commit a crime.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10) › Section 16-4-10 - [Repealed] Domestic terrorism; penalty

Repealed by 2017 Ga. Laws 208,§ 2-1, eff. 7/1/2017.
Added by 2002 Ga. Laws 956, § 2, eff. 5/16/2002.
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 1 - HOMICIDE (§§ 16-5-1 — 16-5-5) › Section 16-5-1 - Murder; malice murder; felony murder; murder in the second degree

(a)
A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b)
Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c)
A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
(d)
A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
(e)
(1)
A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
(2)
A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.
Amended by 2014 Ga. Laws 577,§ 1-1, eff. 7/1/2014.
Amended by 2009 Ga. Laws 62,§ 1, eff. 4/29/2009.
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 1 - HOMICIDE (§§ 16-5-1 — 16-5-5) › Section 16-5-2 - Voluntary manslaughter

(a)
A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he 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; however, 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 murder.
(b)
A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 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 1 - HOMICIDE (§§ 16-5-1 — 16-5-5) › Section 16-5-3 - Involuntary manslaughter

(a)
A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(b)
A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for 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 1 - HOMICIDE (§§ 16-5-1 — 16-5-5) › Section 16-5-3.1 - [Aggravated involuntary manslaughter by causing fentanyl overdose death]

(a)
As used in this Code section, the term:
(1)
"Controlled substance" shall have the same meaning as set forth in Code Section
16-13-21
but shall not include marijuana as defined by such Code section.
(2)
"Fentanyl" means any substance included under paragraph (13) of Code Section
16-13-25
or subparagraph (F) of paragraph (2) of Code Section
16-13-26
.
(3)
"Fentanyl overdose death" shall mean a death for which the toxic effect of fentanyl was either the sole cause of death or contributed to the cause of death of the human being.
(4)
"Selling" means to deliver goods for something of value and shall include distributing such goods with an agreement, express or implied, to be compensated with money at a later date.
(b)
A person commits the offense of aggravated involuntary manslaughter when he or she causes the fentanyl overdose death of another human being, without the intent to cause the death of said human being, by intentionally manufacturing or selling any substance that contains fentanyl, after representing that such substance was any controlled substance.
(c)
A person who commits the offense of aggravated involuntary manslaughter shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a term of not less than 10 years nor more than 30 years or life imprisonment.
(d)
The offense of aggravated involuntary manslaughter shall be considered a separate offense and shall not merge with any other offense.
(e)
This Code section shall not apply to any manufacturing or selling of a controlled substance that is authorized in Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act.'
(f)
For purposes of any criminal prosecution of violations of this Code section, the defendant's knowledge of the chemical identity of the substance manufactured or sold shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the chemical identity of such substance in order to be convicted of an offense under this Code section.
Added by 2024 Ga. Laws 504,§ 2, eff. 4/30/2024.
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 1 - HOMICIDE (§§ 16-5-1 — 16-5-5) › Section 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.
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 16-5-19 - Definitions

As used in this article, the term:
(1)
"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.
(2)
"Emergency health worker" means hospital emergency department personnel and emergency medical services personnel.
(3)
"Firefighter" shall have the same meaning as set forth in Code Section
25-4-2
.
(3.1)
"Healthcare worker" means any employee or independent contractor of a hospital or other healthcare facility licensed pursuant to Chapter 7 of Title 31.
(4)
"Highway emergency response operator" means an individual employed by the Department of Transportation who operates a towing or recovery vehicle or highway maintenance vehicle.
(5)
"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.
(6)
"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.
(7)
"Officer of the court" means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or court interpreter.
(8)
"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.
(9)
"Public safety officer" means peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, or probation officer.
(10)
"Public transit vehicle" shall have the same meaning as set forth in Code Section
16-5-20
.
(11)
"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.
(12)
"Utility worker" means any employee of, including any person employed by or under contract with, an organization, entity, or company, whether a state created authority or privately, municipally, county, or cooperatively owned, that provides gas, heat, electricity, water, telecommunications services, sewer services, cable or video services, internet services, or railroad services.
Amended by 2024 Ga. Laws 566,§ 2, eff. 5/6/2024, app. all offenses committed on or after 7/1/2024.
Amended by 2023 Ga. Laws 224,§ 2, eff. 7/1/2023, app. to all offenses committed on or after 7/1/2023.
Added by 2017 Ga. Laws 198,§ 3-1, eff. 7/1/2017.
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 16-5-22 - 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.
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 16-5-25 - 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.