Intention a question of fact

Article 2 ‘‘Crime’’ defined. Effect of misfortune or accident on guilt. Presumption of sound mind and discretion. Presumption that acts of sound person willful. Presumption that sound person intends natural and probable consequences of acts. Parties to Crimes 16-2-20. 16-2-21. 16-2-22. When a person is a party to a crime. Prosecution of parties who did not directly commit the crime. Criminal responsibility of corporations. ARTICLE 1 CULPABILITY 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. History. — Laws 1833, Cobb’s 1851 Digest, p. 779; Code 1863, § 4188; Code 1868, § 4227; Code 1873, § 4292; Code 1882, § 4292; Penal Code 1895, § 31; Penal Code 1910, § 31; Code 1933, § 26-201; Code 1933, § 26-601, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2004, p. 57, § 2. Editor’s notes. — Ga. L. 2004, p. 57, § 6, not codified by the General Assembly, provides that the amendment by that Act shall apply to all crimes which occur on or after July 1, 2004.