Title 16 — Crimes and Offenses

Trafficking disabled adults, elder persons or residents, §16-5-102.1. Electrical service. Suspension for not making payments on appliances purchased from or repaired by utility company, §16-12-3. Electronically furnishing obscene material to minors, §16-12-100.1. Email. Spam emai…

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. History. — Code 1933, § 26-70…

State, 178 Ga. App. 205, 342 S.E.2d 388 (1986). When a defendant raises the affirmative defense of justification and testifies to the same, the burden is on the state to disprove that defense beyond a reasonable doubt. Anderson v. State, 262 Ga. 7, 413 S.E.2d 722 (1992), overrule…

Smith, 227 Ga. App. 17, 488 S.E.2d 91 (1997). In an action in which the defendant was convicted of the murder of the defendant’s parent’s love interest, defense counsel failure to investigate the victim’s violent nature was not ineffective; the jury was given considerable informa…

Defined, §16-12-20. Stalking. Good faith publication of second or subsequent conviction, §16-5-96. GOOD-TIME ALLOWANCES. Bombs, explosives and chemical or biological weapons. Violation with intent to cause death or bodily injury or damage to public buildings. Ineligibility, §16-7-…

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 justi…

Possession of prohibited images or materials. Child abuse reporting by person in possession. Immunity from liability for possession, §16-3-22.1. Stand your ground law, §16-3-23.1. Use of force in defense of habitation, §16-3-23. Habitation defined, §16-3-24.1. Immunity from prosec…

(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 t…

Removal from scene of death or dismemberment, §16-12-161. Human trafficking. Body parts, §16-12-160. Labor or sexual servitude, trafficking of persons for, §16-5-46. Coercion. Defense for sexual crimes while person being trafficked for sexual servitude, §16-3-6. 841 INDEX CRIMINA…

State, 284 Ga. 165, 664 S.E.2d 227 (2008). Upon the filing of a motion for immunity, a trial court must determine before trial whether a person is immune from prosecution; thus, the trial court did not err in ruling on the defendant’s self-defense claim before trial. State v. Sut…

Influencing, §16-10-4. Impersonating, §16-10-23. Influencing official action, §16-10-5. Legislative action. Influencing, §16-10-4. Oaths. Violation, §16-10-1. Official certificates or writings. False certificates or writings, §16-10-8. Penal law enforcement. Using private funds, §16-1…

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. Hist…

Since it is no longer needed or appropriate, the ancient device of benefit of clergy shall not exist. History. — Laws 1833, Cobb’s 1851 Digest, p. 837; Code 1863, § 4547; Code 1868, § 4567; Code 1873, § 4661; Code 1882, § 4661; Penal Code 1895, § 17; Pe- nal Code 1910, § 17; Code…

Drug related objects. Transactions in, possession, §§16-13-32 to 16-13-32.2. Female genital mutilation, §16-5-27. Film piracy, §16-8-62. Forgery and fraudulent practices. Bad checks, §§16-9-20, 16-9-21. Checks, generally, §§16-9-1, 16-9-2. Computer systems protection, §§16-9-90 t…

State, 185 Ga. App. 524, 364 S.E.2d 900 (1988). Defendant failed to prove insanity at the time of the crime. — See Tarver v. State, 186 Ga. App. 905, 368 S.E.2d 828 (1988); Mitchell v. State, 187 Ga. App. 40, 369 S.E.2d 487, cert. denied, 187 Ga. App. 908, 369 S.E.2d 487 (1988); …

(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.…

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. History. — Penal Code 189…

Residential mortgage fraud, §§16-8-100 to 16-8-106. Attorney general, district attorneys. Authority to investigate and prosecute, §16-8-104. Definitions, §16-8-101. CRIMINAL LAW AND PROCEDURE —Cont’d Mortgages —Cont’d Residential mortgage fraud —Cont’d Forfeiture to state. Real or…

(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 sodo…