Title 16 — Crimes and Offenses

This title shall be known and may be cited as the ‘‘Criminal Code of Georgia.’’ History. — Code 1933, § 26-101, enacted by Ga. L. 1968, p. 1249, § 1. 16-1-2. Purposes of title.

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. History. — Orig. Code 1863, § 4395; Ga. L. 1865-66, p. 233, § 2; Code 1868, § 4436; Code 1873, § 4509; C…

Sale or distribution of harmful materials to minors, §16-12-105. School campus or facility. Failure to leave when directed, §16-11-35. Security interest.

Organized retail theft, §16-8-14.2. Guide or leader dogs, §16-11-107.1. Handbills. Public transit buses, rapid rail cars, rail stations or bus stations. Distributing. Unlawful, penalty, §16-12-120. Harassing communications, §16-11-39.1. Harboring or aiding sexually violent offend…

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…

Criminal use with altered identification mark, §16-9-70. 808 INDEX BICYCLES —Cont’d False or secret compartment. Unlawful, inference, §16-11-112. BIDS AND BIDDING. Medical marijuana. Access to medical cannabis. Contracts, licenses granted pursuant to, §16-12-221. BIGAMY. Crime of,…

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 98 and using telephone communication for indecent purposes. — Trial court did not err in refusing to sever o…

(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…

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…

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 …

(a) A corporation may be prosecuted for the act or omission constituting a crime only if: 230 16-2-22 (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 whi…

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.

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…

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…

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…

Bombs, §16-7-86. Buses, rapid rail cars or stations. Passenger violations, §16-12-120. Chemical weapons, §16-7-86. Chop shops. Attempted operation, §16-8-83. Classification of offense, §16-4-6. Controlled substances, §16-13-33. Dangerous drugs. Attempting to obtain by fraud, forge…

Repealed by Ga. L. 2017, p. 536, § 2-1/HB 452, effective July 1, 2017. Editor’s notes. — This Code section was based on Code 1981, § 16-4-10, enacted by Ga. L. 2002, p. 1284, § 2.

Punishment, §16-4-6. CRIMINAL BACKGROUND CHECKS. Carrying a concealed weapon, license, §16-11-129. Firearms. Carrying a concealed weapon license, §16-11-129. Multijurisdictional data base of concealed carry licensees prohibited, §16-11-129. Transfers and purchases. National insta…

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 384 16-4-4 CRIMINAL ATTEMPT, CONSPIRACY, & SOLICITATION 16-4-4 could have bee…

(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…

(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 felon…

(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). …

Controlled substances. Prescription documents signed in blank, §16-13-41. Explosives, §16-7-86. False identification. Manufacturing, selling or distributing, §16-9-4. Racketeer influenced and corrupt organizations act. Activities prohibited, §16-14-4. Restraint of free and open com…

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 …

(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…

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 …