Title 16

The general purposes of this title are: (1) To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests; (2) To give fair warning of the nature of the conduct forbidden and the sentence authorized upon c…

As used in this title, the term: (1) ‘‘Affirmative defense’’ means, with respect to any affirmative defense authorized in this title, unless the state’s evidence raises the issue invoking the alleged defense, the defendant must present evidence thereon to raise the issue. The enu…

No conduct constitutes a crime unless it is described as a crime in this title or in another statute of this state. However, this Code section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, …

Every person is presumed innocent until proved guilty. No person shall be convicted of a crime unless each element of such crime is proved beyond a reasonable doubt. History. — Code 1933, § 26-501, enacted by Ga. L. 1968, p. 1249, § 1.

An accused may be convicted of a crime included in a crime charged in the indictment or accusation. A crime is so included when: (1) It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of t…

State, 301 Ga. App. 167, 687 S.E.2d 185 (2009), cert. denied, No. S10C0549, 2010 Ga. LEXIS 244 (Ga. 2010). Joinder of theft by taking with making harassing telephone calls and using telephone communication for indecent purposes. — Trial court did not err in refusing to sever offe…

(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, i…

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…

(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…

Every person is presumed to be of sound mind and discretion but the presumption may be rebutted. History. — Code 1933, § 26-606, enacted by Ga. L. 1968, p. 1249, § 1.

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. History. — Code 1933, § 26-603, enacted by Ga. L. 1968, p. 1249, § 1.

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. History. — Laws 1833, Co…

State, 180 Ga. App. 446, 349 S.E.2d 519 (1986). Since there was ample evidence to show that the defendant aided, abetted, encouraged, advised, and counseled another participant in a robbery and shooting, it made no difference that the other man fired the gun that injured a victim…

Corhen, 306 Ga. App. 495, 700 S.E.2d 912 (2010). Acquittal of one party does not bar separate, distinct prosecution and conviction of another party. Eades v. State, 232 Ga. 735, 208 S.E.2d 791 (1974). Acquittal of defendant’s wife on the same charges does not affect the validity …

State, 289 Ga. 498, 713 S.E.2d 376 (2011). Jury was authorized to find that the evidence was sufficient to find the defendant guilty beyond a reasonable doubt of felony murder during the commission of aggravated assault in the manner alleged in the indictment because at trial the…

Wells v. Terrell, 121 Ga. 368, 49 S.E. 319 (1904). Method of service is exclusive, unless service be waived by the corporation. Progress Club v. State, 12 Ga. App. 174, 76 S.E. 1029 (1913). Accusation is not sufficient. Central Ga. Power Co. v. State, 12 Ga. App. 260, 77 S.E. 107…

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.

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. History. — Code 1933, § 26-701, enacted by Ga. L. 1968, p. 1249, § 1.

Foster v. State, 258 Ga. 736, 374 S.E.2d 188 (1988), cert. denied, 490 U.S. 1085, 109 S. Ct. 2110, 104 L. Ed. 2d 671 (1989). Section not limited by § 17-7-130.1. — O.C.G.A. §§ 16-3-2 and 16-3-3 provide the authority for any defendant to assert an insanity defense, and there is no…

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.…

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. History. — Code 1933, § 26-705, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969,…

(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…

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…

(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 s…

(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 no…

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…

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 o…

(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…

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. History. — Code 1981, § 16-3-24.1, enacted by Ga. L. 1998, p. 1153, § 1.1.

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…

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 id…

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…

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…

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…

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. History. — Code 1933, § 26-1001, enacted by Ga. L. 1968, p. 1249, § 1.

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. History. — Code 1933, § 26-1004, enacted by Ga. L. 1968, p. 1249, …

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. History. — Code 1933, § 26-1005, enacted by Ga. L. 1968, p.…

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…

(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…

Bryant v. State, 304 Ga. App. 755, 697 S.E.2d 860 (2010). Trial court erred in sentencing the defendant to 20 years to serve on the criminal attempt to commit robbery count because the maximum sentence the defendant could have received was 10 years as convicted of the offense of …

(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 …

Zant, 244 Ga. 863, 262 S.E.2d 82, 1979 Ga. LEXIS 1443 (1979). Overt act required. — Former Code 1933, § 79A-812 (see now O.C.G.A. § 16-13-33) required with certainty an overt act for successful prosecution. Hammock v. Zant, 244 Ga. 863, 262 S.E.2d 82, 1979 Ga. LEXIS 1443 (1979). …

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 bot…