Title 16 — Crimes and Offenses

0 chapters · 658 sections in this title.

45 sectionsFiltered byTitle 16 Ch 5

O.C.G.A. § 16-5-100 Definitions
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As used in this article, the term: 1034 16-5-100 (1) ‘‘Alzheimer’s disease’’ means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (2) ‘‘Dementia’’ means: (A) An irreversible global loss of cognitive …
O.C.G.A. § 16-5-101 Neglect to a disabled adult, elder person, or resident
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(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 adu…
O.C.G.A. § 16-5-102.1 ENGINEERS
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Conversion of payments for realty improvements, §16-8-15. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. ENTERTAINMENT INDUSTRY POSTPRODUCTION INVESTMENT ACT. Medical marijuana. Access to medical …
O.C.G.A. § 16-5-103 Exceptions to criminal liability
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(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, o…
O.C.G.A. § 16-5-104 Venue
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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. History. — Code 1981,…
O.C.G.A. § 16-5-105 Applicability
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(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. History. — Code 1981, § 16-5-104, …
O.C.G.A. § 16-5-110 Publication of notice; information required; assessment for cost; immunity
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(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 coun…
O.C.G.A. § 16-5-19 Definitions
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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 ho…
O.C.G.A. § 16-5-2 Cash v
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State, 258 Ga. 460, 368 S.E.2d 756 (1988). Charge placing burden of persuasion of self-defense on defendant violates due process. — When absence of self-defense is an essential element of the crime of voluntary manslaughter, and the trial court’s charge operates to place the burd…
O.C.G.A. § 16-5-20 Simple assault
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(a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in s…
O.C.G.A. § 16-5-21 Roberts v
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State, 276 Ga. 258, 577 S.E.2d 580 (2003). Evidence was sufficient to support the defendant’s conviction for aggravated assault where the record revealed that the defendant admitted to being in the apartment of the victim, who was the defendant’s former love interest, the defenda…
O.C.G.A. § 16-5-22 Definitions
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Simple assault. Aggravated assault. Conviction of assault with intent to commit a crime if intended crime actually committed. 16-5-23. Simple battery.
O.C.G.A. § 16-5-23 Gillespie v
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State, 280 Ga. App. 243, 633 S.E.2d 632 (2006). Although an officer alleged that the defendant threw the defendant’s elbows 796 back and forth, evidence was insufficient to support the defendant’s conviction for simple battery because the state failed to prove the necessary eleme…
O.C.G.A. § 16-5-23.1 Smith v
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State, 277 Ga. 95, 586 S.E.2d 629 (2003). When the evidence established more 519 Application (Cont’d) 1. In General (Cont’d) than defendant’s mere presence at the scene of the crimes, the evidence was sufficient to find defendant guilty beyond a reasonable doubt of felony murder …
O.C.G.A. § 16-5-24 Hopkins v
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State, 255 Ga. App. 202, 564 S.E.2d 805 (2002). Evidence was sufficient to support defendant’s conviction for aggravated battery as it showed that defendant was upset with the victim and wanted to confront the victim, defendant did in fact confront the victim while the victim was…
O.C.G.A. § 16-5-25 Unborn child, battery of, §16-5-29
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Family violence battery, §16-5-23.1. Notice of conviction. Simple battery. Second or subsequent conviction. Publication. Duty of clerks of courts, costs, immunity, good faith publication, §16-5-26. BATTERY —Cont’d Pregnant women, §§16-5-23, 16-5-23.1. Unborn child, battery of, §1…
O.C.G.A. § 16-5-26 Controlled substances
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State, etc., officers in lawful performance of duties, §16-13-50. Criminal liability. Persons rendering assistance to law enforcement officers, §16-3-22. Criminal prosecution. Defense of habitation, §16-3-24.2. Deposit account fraud. Notiﬁers, §16-9-20. Drug overdoses. Seeking me…
O.C.G.A. § 16-5-27 Female genital mutilation
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(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 kno…
O.C.G.A. § 16-5-28 Assault on an unborn child
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(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, at…
O.C.G.A. § 16-5-29 Battery of an unborn child
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(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, in…
O.C.G.A. § 16-5-3 Involuntary manslaughter
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(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 involunta…
O.C.G.A. § 16-5-4 Time elapsed between injury and death
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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. History. — Code 1981, § 16-5-4, enacted by Ga. L. 1991, p. 719, § 1. Editor’s notes. — Ga. L. 1991, p. 719,…
O.C.G.A. § 16-5-40 Onumah v
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State, 313 Ga. App. 269, 721 S.E.2d 115 (2011). All four factors that had to be considered in determining whether the asportation element of kidnapping was met had been satisfied because the duration of the movement of the victims to a car and while riding therein occurred after …
O.C.G.A. § 16-5-41 False imprisonment
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(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 no…
O.C.G.A. § 16-5-42 Hijacking an aircraft
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Hijacking a motor vehicle. Interference with custody. Trafficking of persons for labor or sexual servitude. Posting model notice with human trafficking hotline information in businesses and on Internet. Stalking Kidnapping. False imprisonment. False imprisonment under color of le…
O.C.G.A. § 16-5-43 Malicious confinement of sane person in an asylum
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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. History. — Ga. L. 1890-91, p. 237, § 4; P…
O.C.G.A. § 16-5-44 Identity fraud
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County of offense, §16-9-125. Kidnapping, §16-5-40. Murder. Attempted murder of witness, §16-10-32. Racketeer inﬂuenced and corrupt organizations. Proceedings under chapter, §16-14-11. Residential mortgage fraud prosecutions, §16-8-103. Theft. Particular offenses, §16-8-11. Treas…
O.C.G.A. § 16-5-44.1 Hijacking a motor vehicle
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(a) As used in this Code section: (1) ‘‘Firearm’’ means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and includes stun guns and tasers as defined by subsection (a) …
O.C.G.A. § 16-5-45 Interference with custody
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(a) As used in this Code section, the term: (1) ‘‘Child’’ means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a dependent child or a child in need of services as such terms are defined in Code Section 15-11…
O.C.G.A. § 16-5-46 Trafficking of persons for labor or sexual servitude
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(a) As used in this Code section, the term: (1) ‘‘Coercion’’ means: (A) Causing or threatening to cause bodily harm to any individual, physically restraining or confining any individual, or threatening to physically restrain or confine any individual; (B) Exposing or threatening …
O.C.G.A. § 16-5-47 STUDENTS
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Aggravated assault. Use of ﬁrearm upon student or teacher in school safety zone, §16-5-21. Aggravated battery upon in school safety zone, §16-5-24. STUN GUNS. Carrying within school safety zones, at school functions or on school property, §16-11-127.1. Law enforcement officers. T…
O.C.G.A. § 16-5-5 Assisted suicide; notification of licensing board regarding violation
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(a) As used in this Code section, the term: (1) ‘‘Assists’’ means the act of physically helping or physically providing the means. (2) ‘‘Health care provider’’ means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of …
O.C.G.A. § 16-5-60 Recordings
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Criminal reproduction and sale of recorded material, §§16-8-60, 16-8-61. Refund fraud, §§16-8-14.1, 16-9-56. Registration of sexually violent predators. Aiding, concealing or harboring offender not in compliance with registration requirement, §16-6-25. Repeal of criminal laws.
O.C.G.A. § 16-5-61 Hazing
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(a) As used in this Code section, the term: 963 16-5-70 (1) ‘‘Haze’’ means to subject a student to an activity which endangers or is likely to endanger the physical health of a student, regardless of a student’s willingness to participate in such activity. (2) ‘‘School’’ means an…
O.C.G.A. § 16-5-70 Cruelty to children
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(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 exte…
O.C.G.A. § 16-5-71 Tattooing
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(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…
O.C.G.A. § 16-5-71.1 Piercing of the body
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(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 par…
O.C.G.A. § 16-5-72 Reckless abandonment
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(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 i…
O.C.G.A. § 16-5-73 Feticide, §16-5-80
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829 INDEX CRIMES AND OFFENSES —Cont’d Crimes against the person —Cont’d Hazing, §16-5-61. Homicide, §§16-5-1 to 16-5-4. Kidnapping, false imprisonment and related offenses, §§16-5-40 to 16-5-47. Reckless conduct endangering bodily safety of another, §16-5-60. Criminal attempt, co…
O.C.G.A. § 16-5-90 Stalking; psychological evaluation
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(a)(1) A person commits the offense of stalking when he or she 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. For the purpose of t…
O.C.G.A. § 16-5-91 Wright v
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State, 232 Ga. App. 646, 502 S.E.2d 756 (1998). There was sufficient evidence to support defendant’s convictions for stalking in vi- 1016 olation of O.C.G.A. § 16-5-90 and aggravated stalking under O.C.G.A. § 16-5-91(a) because defendant contacted the defendant’s love interest in…
O.C.G.A. § 16-5-92 Applicability
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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 …
O.C.G.A. § 16-5-93 STAMPS
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Forgery, §§16-9-1, 16-9-2. 1018 INDEX STEPCHILDREN. Family violence. Battery, §16-5-23.1. Stepdaughters. Incest. Elements, §16-6-22. Stepsons. Incest. Elements, §16-6-22. STAND YOUR GROUND LAW, §16-3-23.1. STAPHYLOCOCCUS VACCINE.
O.C.G.A. § 16-5-94 Restraining orders; protective orders
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(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…
O.C.G.A. § 16-5-95 Offense of violating family violence order; penalty
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(a) As used in this Code section, the term: (1) ‘‘Civil family violence order’’ means any temporary protective order or permanent protective order issued pursuant to Article 1 of Chapter 13 of Title 19. (2) ‘‘Criminal family violence order’’ means: (A) Any order of pretrial relea…