16-3-1.
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.
16-3-2.
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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.
16-3-3.
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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 mental disease, injury, or congenital deficiency, acted as he did
because of a delusional compulsion as to such act which overmastered his
will to resist committing the crime.
16-3-4.
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(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.
(b) Involuntary intoxication means intoxication caused by:
(1) Consumption of a substance through excusable ignorance; or
(2) The coercion, fraud, artifice, or contrivance of another person.
(c) Voluntary intoxication shall not be an excuse for any criminal act
or omission.
16-3-5.
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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.
16-3-20.
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The fact that a personīs conduct is justified is a defense to
prosecution for any crime based on that conduct. The defense of
justification can be claimed:
(1) When the personīs conduct is justified under Code Section 16-3-21,
16-3-23, 16-3-24, 16-3-25, or 16-3-26;
(2) When the personīs conduct is in reasonable fulfillment of his duties
as a government officer or employee;
(3) When the personīs conduct is the reasonable discipline of a minor by
his parent or a person in loco parentis;
(4) When the personīs conduct is reasonable and is performed in the
course of making a lawful arrest;
(5) When the personīs conduct is justified for any other reason under
the laws of this state; or
(6) In all other instances which stand upon the same footing of reason
and justice as those enumerated in this article.
16-3-21.
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(a) 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 defend himself or herself or a third
person against such otherīs imminent use of unlawful force; however,
except as provided in Code Section 16-3-23, a person is justified in
using force which is intended or likely to cause death or great bodily
harm only if he or she reasonably believes that such force is necessary
to prevent death or great bodily injury to himself or herself or a third
person or to prevent the commission of a forcible felony.
(b) A person is not justified in using force under the circumstances
specified in subsection (a) of this Code section if he:
(1) Initially provokes the use of force against himself with the intent
to use such force as an excuse to inflict bodily harm upon the
assailant;
(2) Is attempting to commit, committing, or fleeing after the commission
or attempted commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he
withdraws from the encounter and effectively communicates to such other
person his intent to do so and the other, notwithstanding, continues or
threatens to continue the use of unlawful force.
(c) Any rule, regulation, or policy of any agency of the state or any
ordinance, resolution, rule, regulation, or policy of any county,
municipality, or other political subdivision of the state which is in
conflict with this Code section shall be null, void, and of no force and
effect.
(d) In a prosecution for murder or manslaughter, if a defendant raises
as a defense a justification provided by subsection (a) of this Code
section, the defendant, in order to establish the defendantīs reasonable
belief that the use of force or deadly force was immediately necessary,
may be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of
family violence or child abuse committed by the deceased, as such acts
are described in Code Sections 19-13-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the
defendant at the time of the offense, including those relevant facts and
circumstances relating to the family violence or child abuse that are
the bases of the expertīs opinion.
16-3-22.
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(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 shall
be immune to the same extent as the law enforcement officer from any
criminal liability that might otherwise be incurred or imposed as a
result of rendering assistance to the law enforcement officer.
(b) The official report of the law enforcement agency shall create a
rebuttable presumption of good faith and reasonableness on the part of
the person who assists the law enforcement officer.
(c) The purpose of this Code section is to provide for those persons who
act in good faith to assist law enforcement officers whose health and
safety is being adversely affected and threatened by the conduct of any
other person or persons. This Code section shall be liberally construed
so as to carry out the purposes thereof.
16-3-23.
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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 otherīs unlawful entry
into or attack upon a habitation; however, such person is justified in
the use of force which is intended or likely to cause death or great
bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner
and he or she reasonably believes that the entry is attempted or made
for the purpose of assaulting or offering personal violence to any
person dwelling or being therein and that such force is necessary to
prevent the assault or offer of personal violence;
(2) That force is used against another person who is not a member of the
family or household and who unlawfully and forcibly enters or has
unlawfully and forcibly entered the residence and the person using such
force knew or had reason to believe that an unlawful and forcible entry
occurred; or
(3) The person using such force reasonably believes that the entry is
made or attempted for the purpose of committing a felony therein and
that such force is necessary to prevent the commission of the felony.
16-3-24.
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(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 otherīs trespass on or
other tortious or criminal interference with real property other than a
habitation or personal property:
(1) Lawfully in his possession;
(2) Lawfully in the possession of a member of his immediate family; or
(3) Belonging to a person whose property he has a legal duty to protect.
(b) The use of force which is intended or likely to cause death or great
bodily harm to prevent trespass on or other tortious or criminal
interference with real property other than a habitation or personal
property is not justified unless the person using such force reasonably
believes that it is necessary to prevent the commission of a forcible
felony.
16-3-24.1.
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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.
16-3-24.2.
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A person who uses threats or force in accordance with Code Section
16-3-23 or 16-3-24 shall be immune from criminal prosecution therefor
unless any deadly force used by such person utilizes a weapon the
carrying or possession of which is unlawful by such person under Part 2
or 3 of Article 4 of Chapter 11 of this title.
16-3-25.
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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 idea
and intention of the commission of the crime originated with a
government officer or employee, or with an agent of either, and he, by
undue persuasion, incitement, or deceitful means, induced the accused to
commit the act which the accused would not have committed except for the
conduct of such officer.
16-3-26.
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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.
16-3-27.
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Since it is no longer needed or appropriate, the ancient device of
benefit of clergy shall not exist.
16-3-28.
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A defense based upon any of the provisions of this article is an
affirmative defense.
16-3-40.
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The defense of alibi involves the impossibility of the accusedīs
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.
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