16-5-1. [
Index ]
(a) A person commits the offense of murder when he unlawfully and
with malice aforethought, either express or implied, causes the
death of another human being.
(b) Express malice is that deliberate intention unlawfully to take
the life of another human being which is manifested by external
circumstances capable of proof. Malice shall be implied where no
considerable provocation appears and where all the circumstances of
the killing show an abandoned and malignant heart.
(c) A person also commits the offense of murder when, in the
commission of a felony, he causes the death of another human being
irrespective of malice.
(d) A person convicted of the offense of murder shall be punished by
death or by imprisonment for life.
16-5-2.
[
Index ]
(a) A person commits the offense of voluntary manslaughter when he
causes the death of another human being under circumstances which
would otherwise be murder and if he acts solely as the result of a
sudden, violent, and irresistible passion resulting from serious
provocation sufficient to excite such passion in a reasonable
person; however, if there should have been an interval between the
provocation and the killing sufficient for the voice of reason and
humanity to be heard, of which the jury in all cases shall be the
judge, the killing shall be attributed to deliberate revenge and be
punished as murder.
(b) A person who commits the offense of voluntary manslaughter, upon
conviction thereof, shall be punished by imprisonment for not less
than one nor more than 20 years.
16-5-3.
[
Index ]
(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 involuntary manslaughter in the commission of an unlawful act,
upon conviction thereof, shall be punished by imprisonment for not
less than one year nor more than ten years.
(b) A person commits the offense of involuntary manslaughter in the
commission of a lawful act in an unlawful manner when he causes the
death of another human being without any intention to do so, by the
commission of a lawful act in an unlawful manner likely to cause
death or great bodily harm. A person who commits the offense of
involuntary manslaughter in the commission of a lawful act in an
unlawful manner, upon conviction thereof, shall be punished as for a
misdemeanor.
16-5-4.
[
Index ]
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.
16-5-5.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Intentionally and actively assisting suicide' means direct and
physical involvement, intervention, or participation in the act of
suicide which is carried out free of any threat, force, duress, or
deception and with understanding of the consequences of such
conduct.
(2) 'Suicide' means the intentional and willful termination of oneīs
own life.
(b) Any person who publicly advertises, offers, or holds himself or
herself out as offering that he or she will intentionally and
actively assist another person in the commission of suicide and
commits any overt act to further that purpose is guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for
not less than one nor more than five years.
(c) Any person who knowingly and willfully commits any act which
destroys the volition of another, such as fraudulent practices upon
such personīs fears, affections, or sympathies; duress; or any undue
influence whereby the will of one person is substituted for the
wishes of another, and thereby intentionally causes or induces such
other person to commit or attempt to commit suicide shall be guilty
of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years.
(d) The provisions of this Code section shall not be deemed to
affect any of the laws, in whole or in part, that may be applicable
to the withholding or withdrawal of medical or health care
treatment, including but not limited to, laws related to a living
will, a durable power of attorney for health care, or a written
order not to resuscitate.
16-5-20.
[
Index ]
(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 subsections (c), (d), and (e) of this Code
section, a person who commits the offense of simple assault shall be
guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public
transit vehicle or station shall, upon conviction thereof, be
punished for a misdemeanor of a high and aggravated nature. For
purposes of this Code section, 'public transit vehicle' means a bus,
van, or rail car used for the transportation of passengers within a
system which receives a subsidy from tax revenues or is operated
under a franchise contract with a county or municipality of this
state.
(d) If the offense of simple assault is committed between past or
present spouses, persons who are parents of the same child, parents
and children, stepparents and stepchildren, foster parents and
foster children, or other persons excluding siblings living or
formerly living in the same household, the defendant shall be
punished for a misdemeanor of a high and aggravated nature. In no
event shall this subsection be applicable to corporal punishment
administered by a parent or guardian to a child or administered by a
person acting in loco parentis.
(e) Any person who commits the offense of simple assault against a
person who is 65 years of age or older shall, upon conviction
thereof, be punished for a misdemeanor of a high and aggravated
nature.
16-5-21.
[
Index ]
(a) A person commits the offense of aggravated assault when he or
she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument
which, when used offensively against a person, is likely to or
actually does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a
firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c) through (i) of this Code
section, a person convicted of the offense of aggravated assault
shall be punished by imprisonment for not less than one nor more
than 20 years.
(c) A person who knowingly commits the offense of aggravated assault
upon a peace officer while the peace officer is engaged in, or on
account of the performance of, his or her official duties shall,
upon conviction thereof, be punished by imprisonment for not less
than five nor more than 20 years.
(d) Any person who commits the offense of aggravated assault against
a person who is 65 years of age or older shall, upon conviction
thereof, be punished by imprisonment for not less than three nor
more than 20 years.
(e)(1) As used in this subsection, the term 'correctional officer'
shall include superintendents, wardens, deputy wardens, guards, and
correctional officers of state, county, and municipal penal
institutions who are certified by the Georgia Peace Officer
Standards and Training Council pursuant to Chapter 8 of Title 35 and
employees of the Department of Juvenile Justice who are known to be
employees of the department or who have given reasonable
identification of their employment. The term 'correctional officer'
shall also include county jail officers who are certified or
registered by the Georgia Peace Officer Standards and Training
Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated assault
upon a correctional officer while the correctional officer is
engaged in, or on account of the performance of, his or her official
duties shall, upon conviction thereof, be punished by imprisonment
for not less than five nor more than 20 years.
(f) Any person who commits the offense of aggravated assault in a
public transit vehicle or station shall, upon conviction thereof, be
punished by imprisonment for not less than three nor more than 20
years. For purposes of this Code section, 'public transit vehicle'
has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) A person convicted of an offense described in paragraph (3) of
subsection (a) of this Code section shall be punished by
imprisonment for not less than five nor more than 20 years.
(h) Any person who commits the offense of aggravated assault
involving the use of a firearm upon a student or teacher or other
school personnel within a school safety zone as defined in paragraph
(1) of subsection (a) of Code Section 16-11-127.1 shall, upon
conviction thereof, be punished by imprisonment for not less than
five nor more than 20 years.
(i) If the offense of aggravated assault is committed between past
or present spouses, persons who are parents of the same child,
parents and children, stepparents and stepchildren, foster parents
and foster children, or other persons excluding siblings living or
formerly living in the same household, the defendant shall be
punished by imprisonment for not less than three nor more than 20
years.
16-5-22.
[
Index ]
A person may be convicted of the offense of assault with intent to
commit a crime if the crime intended was actually committed as a
result of the assault but may not be convicted of both the assault
and completed crime.
16-5-23.
[
Index ]
(a) A person commits the offense of simple battery when he or she
either:
(1) Intentionally makes physical contact of an insulting or
provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
(b) Except as otherwise provided in subsections (c) through (h) of
this Code section, a person convicted of the offense of simple
battery shall be punished as for a misdemeanor.
(c) Any person who commits the offense of simple battery against a
person who is 65 years of age or older or against a female who is
pregnant at the time of the offense shall, upon conviction thereof,
be punished for a misdemeanor of a high and aggravated nature.
(d) Any person who commits the offense of simple battery in a public
transit vehicle or station shall, upon conviction thereof, be
punished for a misdemeanor of a high and aggravated nature. For
purposes of this Code section, 'public transit vehicle' has the same
meaning as in subsection (c) of Code Section 16-5-20.
(e) Any person who commits the offense of simple battery against a
police officer, law enforcement dog, correction officer, or
detention officer engaged in carrying out official duties shall,
upon conviction thereof, be punished for a misdemeanor of a high and
aggravated nature.
(f) If the offense of simple battery is committed between past or
present spouses, persons who are parents of the same child, parents
and children, stepparents and stepchildren, foster parents and
foster children, or other persons excluding siblings living or
formerly living in the same household, the defendant shall be
punished for a misdemeanor of a high and aggravated nature. In no
event shall this subsection be applicable to corporal punishment
administered by a parent or guardian to a child or administered by a
person acting in loco parentis.
(g) A person who is an employee, agent, or volunteer at any facility
licensed or required to be licensed under Code Section 31-7-3,
relating to long-term care facilities, or Code Section 31-7-12,
relating to personal care homes, or who is required to be licensed
pursuant to Code Section 31-7-151 or 31-7-173, relating to home
health care and hospices, who commits the offense of simple battery
against a person who is admitted to or receiving services from such
facility, person, or entity shall be punished for a misdemeanor of a
high and aggravated nature.
(h) Any person who commits the offense of simple battery against a
sports official while such sports official is officiating an amateur
contest or while such sports official is on or exiting the property
where he or she will officiate or has completed officiating an
amateur contest shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature. For the purposes of
this Code section, the term 'sports official' means any person who
officiates, umpires, or referees an amateur contest at the
collegiate, elementary or secondary school, or recreational level.
16-5-23.1.
[
Index ]
(a) A person commits the offense of battery when he or she
intentionally causes substantial physical harm or visible bodily
harm to another.
(b) As used in this Code section, the term 'visible bodily harm'
means bodily harm capable of being perceived by a person other than
the victim and may include, but is not limited to, substantially
blackened eyes, substantially swollen lips or other facial or body
parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d) through (l) of this Code
section, a person who commits the offense of battery is guilty of a
misdemeanor.
(d) Upon the second conviction for battery against the same victim,
the defendant shall be punished by imprisonment for not less than
ten days nor more than 12 months, by a fine not to exceed $1,000.00,
or both. The minimum sentence of ten days for a second offense shall
not be suspended, probated, deferred, stayed, or withheld; provided,
however, that it is within the authority and discretion of the
sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend
confinement or during the nonworking hours of the defendant. A
weekend shall commence and shall end in the discretion of the
sentencing judge, and the nonworking hours of the defendant shall be
determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence
where there exists clear and convincing evidence that imposition of
the minimum sentence would either create an undue hardship upon the
defendant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the
same victim, the defendant shall be guilty of a felony and shall be
punished by imprisonment for not less than one nor more than five
years. The minimum sentence provisions contained in subsection (d)
of this Code section shall apply to sentences imposed pursuant to
this subsection.
(f) If the offense of battery is committed between past or present
spouses, persons who are parents of the same child, parents and
children, stepparents and stepchildren, foster parents and foster
children, or other persons living or formerly living in the same
household, then such offense shall constitute the offense of family
violence battery and shall be punished as follows:
(1) Upon a first conviction of family violence battery, the
defendant shall be guilty of and punished for a misdemeanor; and
(2) Upon a second or subsequent conviction of family violence
battery against the same or another victim, the defendant shall be
guilty of a felony and shall be punished by imprisonment for not
less than one nor more than five years. In no event shall this
subsection be applicable to reasonable corporal punishment
administered by parent to child.
(g) Any person who commits the offense of battery in a public
transit vehicle or station shall, upon conviction thereof, be
punished for a misdemeanor of a high and aggravated nature. For
purposes of this Code section, 'public transit vehicle' has the same
meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of battery against a female
who is pregnant at the time of the offense shall, upon conviction
thereof, be punished for a misdemeanor of a high and aggravated
nature.
(i) Any person who commits the offense of battery against a teacher
or other school personnel, engaged in the performance of official
duties or while on school property shall, upon conviction thereof,
be punished by imprisonment for not less than one nor more than five
years or a fine of not more than $10,000.00, or both.
(j) Except as otherwise provided in subsection (e) and paragraph (2)
of subsection (f) of this Code section, any person who commits the
offense of battery against a person who is 65 years of age or older
shall, upon conviction thereof, be punished for a misdemeanor of a
high and aggravated nature.
(k) A person who is an employee, agent, or volunteer at any facility
licensed or required to be licensed under Code Section 31-7-3,
relating to long-term care facilities, or Code Section 31-7-12,
relating to personal care homes, or who is required to be licensed
pursuant to Code Section 31-7-151 or 31-7-173, relating to home
health care and hospices, who commits the offense of battery against
a person who is admitted to or receiving services from such
facility, person, or entity shall, upon conviction thereof, be
punished by imprisonment for not less than one nor more than five
years, or a fine of not more than $2,000.00, or both.
(l) Any person who commits the offense of battery against a sports
official while such sports official is officiating an amateur
contest or while such sports official is on or exiting the property
where he or she will officiate or has completed officiating an
amateur contest shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature. For purposes of this
Code section, the term 'sports official' means any person who
officiates, umpires, or referees an amateur contest at the
collegiate, elementary or secondary school, or recreational level.
16-5-24.
[
Index ]
(a) A person commits the offense of aggravated battery when he or
she maliciously causes bodily harm to another by depriving him or
her of a member of his or her body, by rendering a member of his or
her body useless, or by seriously disfiguring his or her body or a
member thereof.
(b) Except as provided in subsections (c) through (h) of this Code
section, a person convicted of the offense of aggravated battery
shall be punished by imprisonment for not less than one nor more
than 20 years.
(c) A person who knowingly commits the offense of aggravated battery
upon a peace officer while the officer is engaged in, or on account
of the performance of, his or her official duties shall, upon
conviction thereof, be punished by imprisonment for not less than
ten nor more than 20 years.
(d) Any person who commits the offense of aggravated battery against
a person who is 65 years of age or older shall, upon conviction
thereof, be punished by imprisonment for not less than five nor more
than 20 years.
(e)(1) As used in this subsection, the term 'correctional officer'
shall include superintendents, wardens, deputy wardens, guards, and
correctional officers of state, county, and municipal penal
institutions who are certified by the Georgia Peace Officer
Standards and Training Council pursuant to Chapter 8 of Title 35 and
employees of the Department of Juvenile Justice who are known to be
employees of the department or who have given reasonable
identification of their employment. The term 'correctional officer'
shall also include county jail officers who are certified or
registered by the Georgia Peace Officer Standards and Training
Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated battery
upon a correctional officer while the correctional officer is
engaged in, or on account of the performance of, his or her official
duties shall, upon conviction thereof, be punished by imprisonment
for not less than ten nor more than 20 years.
(f) Any person who commits the offense of aggravated battery in a
public transit vehicle or station shall, upon conviction thereof, be
punished by imprisonment for not less than five nor more than 20
years. For purposes of this Code section, 'public transit vehicle'
has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated battery upon a
student or teacher or other school personnel within a school safety
zone as defined in paragraph (1) of subsection (a) of Code Section
16-11-127.1 shall, upon conviction thereof, be punished by
imprisonment for not less than five nor more than 20 years.
(h) If the offense of aggravated battery is committed between past
or present spouses, persons who are parents of the same child,
parents and children, stepparents and stepchildren, foster parents
and foster children, or other persons excluding siblings living or
formerly living in the same household, the defendant shall be
punished by imprisonment for not less than three nor more than 20
years.
16-5-25.
[
Index ]
A person charged with the offense of simple assault or simple
battery may introduce in evidence any opprobrious or abusive
language used by the person against whom force was threatened or
used; and the trier of facts may, in its discretion, find that the
words used were justification for simple assault or simple battery.
16-5-40.
[
Index ]
(a) A person commits the offense of kidnapping when he abducts or
steals away any person without lawful authority or warrant and holds
such person against his will.
(b) A person convicted of the offense of kidnapping shall be
punished by imprisonment for not less than ten nor more than 20
years, provided that a person convicted of the offense of kidnapping
for ransom shall be punished by life imprisonment or by death and
provided, further, that, if the person kidnapped shall have received
bodily injury, the person convicted shall be punished by life
imprisonment or by death. Any person convicted under this Code
section shall, in addition, be subject to the sentencing and
punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
16-5-41.
[
Index ]
(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 not less than one nor more than ten
years.
16-5-42.
[
Index ]
When the arrest, confinement, or detention of a person by warrant,
mandate, or process is manifestly illegal and shows malice and
oppression, an officer issuing or knowingly and maliciously
executing the same shall, upon conviction thereof, be removed from
office and punished by imprisonment for not less than one nor more
than ten years.
16-5-43.
[
Index ]
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.
16-5-44.
[
Index ]
(a) A person commits the offense of hijacking an aircraft when he
(1) by use of force or (2) by intimidation by the use of threats or
coercion places the pilot of an aircraft in fear of immediate
serious bodily injury to himself or to another and causes the
diverting of an aircraft from its intended destination to a
destination dictated by such person.
(b) The offense of hijacking is declared to be a continuing offense
from the point of beginning, and jurisdiction to try a person
accused of the offense of hijacking shall be in any county of this
state over which the aircraft is operated.
(c) A person convicted of the offense of hijacking an aircraft shall
be punished by death or life imprisonment.
16-5-44.1.
[
Index ]
(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) of Code Section
16-11-106, as amended, and any replica, article, or device having
the appearance of a firearm.
(2) 'Motor vehicle' means any vehicle which is self-propelled.
(3) 'Weapon' means an object, device, or instrument which when used
against a person is likely to or actually does result in serious
bodily injury or death or any replica, article, or device having the
appearance of such a weapon including, but not limited to, any
object defined as a weapon by Code Section 16-11-127.1 or as a
dangerous weapon by Code Section 16-11-121.
(b) A person commits the offense of hijacking a motor vehicle when
such person while in possession of a firearm or weapon obtains a
motor vehicle from the person or presence of another by force and
violence or intimidation or attempts or conspires to do so.
(c) A person convicted of the offense of hijacking a motor vehicle
shall be punished by imprisonment for not less than ten nor more
than 20 years and a fine of not less than $10,000.00 nor more than
$100,000.00, provided that any person who has previously committed
an offense under the laws of the United States or of Georgia or of
any of the several states or of any foreign nation recognized by the
United States which if committed in Georgia would have constituted
the offense of hijacking a motor vehicle shall be punished by
imprisonment for life and a fine of not less than $100,000.00 nor
more than $500,000.00. For purposes of this subsection, 'state'
shall include the District of Columbia and any territory,
possession, or dominion of the United States.
(d) The offense of hijacking a motor vehicle shall be considered a
separate offense and shall not merge with any other offense; and the
punishment prescribed by subsection (c) of this Code section shall
not be deferred, suspended, or probated.
(e) Any property which is used, intended for use, derived, or
realized, directly or indirectly, from a violation of this Code
section is forfeited to the state and no property interest shall
exist therein. Any action declaring such forfeiture shall be
governed by the provisions of Code Section 16-13-49.
16-5-45.
[
Index ]
(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 deprived child as such is defined in Code Section 15-11-2,
relating to juvenile proceedings.
(2) 'Committed person' means any child or other person whose custody
is entrusted to another individual by authority of law.
(3) 'Lawful custody' means that custody inherent in the natural
parents, that custody awarded by proper authority as provided in
Code Section 15-11-45, or that custody awarded to a parent,
guardian, or other person by a court of competent jurisdiction.
(b)(1) A person commits the offense of interference with custody
when without lawful authority to do so the person:
(A) Knowingly or recklessly takes or entices any child or committed
person away from the individual who has lawful custody of such child
or committed person;
(B) Knowingly harbors any child or committed person who has
absconded; or
(C) Intentionally and willfully retains possession within this state
of the child or committed person upon the expiration of a lawful
period of visitation with the child or committed person.
(2) A person convicted of the offense of interference with custody
shall be punished as follows:
(A) Upon conviction of the first offense, the defendant shall be
guilty of a misdemeanor and shall be fined not less than $200.00 nor
more than $500.00 or shall be imprisoned for not less than one month
nor more than five months, or both fined and imprisoned;
(B) Upon conviction of the second offense, the defendant shall be
guilty of a misdemeanor and shall be fined not less than $400.00 nor
more than $1,000.00 or shall be imprisoned for not less than three
months nor more than 12 months, or both fined and imprisoned; and
(C) Upon the conviction of the third or subsequent offense, the
defendant shall be guilty of a felony and shall be punished by
imprisonment for not less than one nor more than five years.
(c)(1) A person commits the offense of interstate interference with
custody when without lawful authority to do so the person knowingly
or recklessly takes or entices any minor or committed person away
from the individual who has lawful custody of such minor or
committed person and in so doing brings such minor or committed
person into this state or removes such minor or committed person
from this state.
(2) A person also commits the offense of interstate interference
with custody when the person removes a minor or committed person
from this state in the lawful exercise of a visitation right and,
upon the expiration of the period of lawful visitation,
intentionally retains possession of the minor or committed person in
another state for the purpose of keeping the minor or committed
person away from the individual having lawful custody of the minor
or committed person. The offense is deemed to be committed in the
county to which the minor or committed person was to have been
returned upon expiration of the period of lawful visitation.
(3) A person convicted of the offense of interstate interference
with custody shall be guilty of a felony and shall be imprisoned for
not less than one year nor more than five years.
16-5-60.
[
Index ]
(a) Any term used in this Code section and defined in Code Section
31-22-9.1 shall have the meaning provided for such term in Code
Section 31-22-9.1.
(b) A person who causes bodily harm to or endangers the bodily
safety of another person by consciously disregarding a substantial
and unjustifiable risk that his act or omission will cause harm or
endanger the safety of the other person and the disregard
constitutes a gross deviation from the standard of care which a
reasonable person would exercise in the situation is guilty of a
misdemeanor.
(c) A person who is an HIV infected person who, after obtaining
knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or submits
to any sexual act involving the sex organs of one person and the
mouth or anus of another person and the HIV infected person does not
disclose to the other person the fact of that infected person?s
being an HIV infected person prior to that intercourse or sexual
act;
(2) Knowingly allows another person to use a hypodermic needle,
syringe, or both for the introduction of drugs or any other
substance into or for the withdrawal of body fluids from the other
person?s body and the needle or syringe so used had been previously
used by the HIV infected person for the introduction of drugs or any
other substance into or for the withdrawal of body fluids from the
HIV infected person?s body and where that infected person does not
disclose to the other person the fact of that infected person?s
being an HIV infected person prior to such use;
(3) Offers or consents to perform with another person an act of
sexual intercourse for money without disclosing to that other person
the fact of that infected person?s being an HIV infected person
prior to offering or consenting to perform that act of sexual
intercourse;
(4) Solicits another person to perform or submit to an act of sodomy
for money without disclosing to that other person the fact of that
infected person?s being an HIV infected person prior to soliciting
that act of sodomy; or
(5) Donates blood, blood products, other body fluids, or any body
organ or body part without previously disclosing the fact of that
infected person?s being an HIV infected person to the person drawing
the blood or blood products or the person or entity collecting or
storing the other body fluids, body organ, or body part,
is guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not more than ten years.
(d) A person who is an HIV infected person or hepatitis infected
person and who, after obtaining knowledge of being infected with HIV
or hepatitis, commits an assault with the intent to transmit HIV or
hepatitis, using his or her body fluids (blood, semen, or vaginal
secretions), saliva, urine, or feces upon:
(1) A peace officer while the peace officer is engaged in the
performance of his or her official duties or on account of the peace
officer?s performance of his or her official duties; or
(2) A correctional officer while the correctional officer is engaged
in the performance of his or her official duties or on account of
the correctional officer?s performance of his or her official duties
is guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than five nor more than 20
years.
16-5-61.
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Index ]
(a) As used in this Code section, the term:
(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 studentīs willingness to participate in such
activity.
(2) 'School' means any school, college, or university in this state.
(3) 'School organization' means any club, society, fraternity,
sorority, or a group living together which has students as its
principal members.
(4) 'Student' means any person enrolled in a school in this state.
(b) It shall be unlawful for any person to haze any student in
connection with or as a condition or precondition of gaining
acceptance, membership, office, or other status in a school
organization.
(c) Any person who violates this Code section shall be guilty of a
misdemeanor of a high and aggravated nature.
16-5-70.
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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 extent that the childīs health or well-being is jeopardized.
(b) Any person commits the offense of cruelty to children in the
first degree when such person maliciously causes a child under the
age of 18 cruel or excessive physical or mental pain.
(c) Any person commits the offense of cruelty to children in the
second degree when:
(1) Such person, who is the primary aggressor, intentionally allows
a child under the age of 18 to witness the commission of a forcible
felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that
a child under the age of 18 is present and sees or hears the act,
commits a forcible felony, battery, or family violence battery.
(d) A person convicted of the offense of cruelty to children in the
first degree as provided in this Code section shall be punished by
imprisonment for not less than five nor more than 20 years.
(e) A person convicted of the offense of cruelty to children in the
second degree shall be punished as for a misdemeanor upon the first
or second conviction. Upon conviction of a third or subsequent
offense of cruelty to children in the second degree, the defendant
shall be guilty of a felony and shall be sentenced to a fine not
less than $1,000.00 nor more than $5,000.00 or imprisonment for not
less than one year nor more than three years or shall be sentenced
to both fine and imprisonment.
16-5-71.
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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 with Chapter 9 of Title 31 shall be authorized to mark
or color the skin of any person under the age of 18 by pricking in
coloring matter or by producing scars for medical or cosmetic
purposes.
(b) Any person violating the provisions of subsection (a) of this
Code section shall be guilty of a misdemeanor.
16-5-71.1.
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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 parent or guardian of such minor is obtained; provided,
however, that the prohibition contained in this subsection shall not
apply if:
(1) Such person has been furnished with proper identification
showing that the individual is 18 years of age or older; and
(2) The person reasonably believes such minor to be 18 years of age
or older.
(b) Any person violating the provisions of subsection (a) of this
Code section shall be guilty of a misdemeanor.
16-5-72.
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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 intention of severing all parental or custodial duties and
responsibilities to such child and leaving such child in a condition
which results in the death of said child.
(b) Any person who violates subsection (a) of this Code section
shall be guilty of a felony and shall, upon conviction thereof, be
punished by imprisonment for not less than ten nor more than 25
years.
16-5-80.
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(a) A person commits the offense of feticide if he willfully kills
an unborn child so far developed as to be ordinarily called 'quick'
by any injury to the mother of such child, which would be murder if
it resulted in the death of such mother.
(b) A person convicted of the offense of feticide shall be punished
by imprisonment for life.
16-5-90.
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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 this article, the terms 'computer' and 'computer network'
shall have the same meanings as set out in Code Section 16-9-92; the
term 'contact' shall mean any communication including without being
limited to communication in person, by telephone, by mail, by
broadcast, by computer, by computer network, or by any other
electronic device; and the place or places that contact by
telephone, mail, broadcast, computer, computer network, or any other
electronic device is deemed to occur shall be the place or places
where such communication is received. For the purpose of this
article, the term 'place or places' shall include any public or
private property occupied by the victim other than the residence of
the defendant. For the purposes of this article, the term 'harassing
and intimidating' means a knowing and willful course of conduct
directed at a specific person which causes emotional distress by
placing such person in reasonable fear for such personīs safety or
the safety of a member of his or her immediate family, by
establishing a pattern of harassing and intimidating behavior, and
which serves no legitimate purpose. This Code section shall not be
construed to require that an overt threat of death or bodily injury
has been made.
(2) A person commits the offense of stalking when such person, in
violation of a bond to keep the peace posted pursuant to Code
Section 17-6-110, standing order issued under Code Section 19-1-1,
temporary restraining order, temporary protective order, permanent
restraining order, permanent protective order, preliminary
injunction, or permanent injunction or condition of pretrial
release, condition of probation, or condition of parole in effect
prohibiting the harassment or intimidation of another person,
broadcasts or publishes, including electronic publication, the
picture, name, address, or phone number of a person for whose
benefit the bond, order, or condition was made and without such
personīs consent in such a manner that causes other persons to
harass or intimidate such person and the person making the broadcast
or publication knew or had reason to believe that such broadcast or
publication would cause such person to be harassed or intimidated by
others.
(b) Except as provided in subsection (c) of this Code section, a
person who commits the offense of stalking is guilty of a
misdemeanor.
(c) Upon the second conviction, and all subsequent convictions, for
stalking, the defendant shall be guilty of a felony and shall be
punished by imprisonment for not less than one year nor more than
ten years.
(d) Before sentencing a defendant for any conviction of stalking
under this Code section or aggravated stalking under Code Section
16-5-91, the sentencing judge may require psychological evaluation
of the offender and shall consider the entire criminal record of the
offender. At the time of sentencing, the judge is authorized to
issue a permanent restraining order against the offender to protect
the person stalked and the members of such personīs immediate
family, and the judge is authorized to require psychological
treatment of the offender as a part of the sentence, or as a
condition for suspension or stay of sentence, or for probation.
16-5-91.
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(a) A person commits the offense of aggravated stalking when such
person, in violation of a bond to keep the peace posted pursuant to
Code Section 17-6-110, temporary restraining order, temporary
protective order, permanent restraining order, permanent protective
order, preliminary injunction, good behavior bond, or permanent
injunction or condition of pretrial release, condition of probation,
or condition of parole in effect prohibiting the behavior described
in this subsection, 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.
(b) Any person convicted of a violation of subsection (a) of this
Code section shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one nor
more than ten years and by a fine of not more than $10,000.00. The
provisions of subsection (d) of Code Section 16-5-90 apply to
sentencing for conviction of aggravated stalking.
16-5-92.
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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 in the practice of a profession.
16-5-93.
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(a) The victim of stalking or aggravated stalking shall be entitled
to notice of the release from custody of the person arrested for and
charged with the offense of stalking or aggravated stalking and to
notice of any hearing on the issue of bail for such person. No such
notice shall be required unless the victim provides a landline
telephone number other than a pocket pager or electronic
communication device number to which such notice can be directed.
(b) The law enforcement agency, prosecutor, or court directly
involved with the victim at the outset of a criminal prosecution for
the offense of stalking or aggravated stalking shall advise the
victim of his or her right to notice and of the requirement of the
victimīs providing a landline telephone number other than a pocket
pager or electronic communication device number to which the notice
of custodial release or bail hearing can be directed. Such victim
shall transmit the telephone number described in this subsection to
the court and custodian of the person charged with stalking or
aggravated stalking.
(c) Upon receipt of the telephone number, the custodian of the
person charged with stalking or aggravated stalking shall take
reasonable and necessary steps under the circumstances to notify the
victim of the personīs release from custody. Such notice shall, at a
minimum, include:
(1) Prior to the personīs release, placing a telephone call to the
number provided by the victim and giving notice to the victim or any
person answering the telephone who appears to be sui juris or by
leaving an appropriate message on a telephone answering machine; and
(2) Following the personīs release, if the custodian is unable to
notify the victim by the method provided in paragraph (1) of this
subsection, telephoning the number provided by the victim no less
than two times in no less than 15 minute intervals within one hour
of custodial release and giving notice to the victim or to any
person answering the telephone who appears to be sui juris or by
leaving an appropriate message on a telephone answering machine.
(d) Upon receipt of the telephone number, the court conducting a
hearing on the issue of bail shall take reasonable and necessary
steps under the circumstances to notify the victim of any scheduled
hearing on the issue of bail. Such notice shall, at a minimum,
include placing a telephone call to the number provided by the
victim prior to any scheduled hearing on the issue of bail.
(e) Notwithstanding any other provision of this Code section, a
scheduled bail hearing or the release of the person charged with
stalking or aggravated stalking shall not be delayed solely for the
purpose of effectuating notice pursuant to this Code section for a
period of more than 30 minutes.
(f) Upon the personīs release or escape from custody after
conviction and service of all or a portion of a sentence,
notification to the victim shall be provided by the State Board of
Pardons and Paroles as set forth in Code Sections 42-9-46 and
42-9-47.
(g) This Code section shall not apply to a custodian who is
transferring a person charged with stalking or aggravated stalking
to another custodian in this state.
(h) As used in this Code section, the term 'custodian' means a
warden, sheriff, jailer, deputy sheriff, police officer, officer or
employee of the Department of Juvenile Justice, or any other law
enforcement officer having actual custody of an inmate.
(i) A custodian or his or her employing agency shall not be liable
in damages for a failure to provide the notice required by this Code
section, but the custodian shall be subject to appropriate
disciplinary action including termination for such failure.
16-5-94.
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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 a petition.
(b) Jurisdiction for such a petition shall be the same as for family
violence petitions as set out in Code Section 19-13-2.
(c) Upon the filing of a verified petition in which the petitioner
alleges with specific facts that probable cause exists to establish
that stalking by the respondent has occurred in the past and may
occur in the future, the court may order such temporary relief ex
parte as it deems necessary to protect the petitioner or a minor of
the household from stalking. If the court issues an ex parte order,
a copy of the order shall be immediately furnished to the
petitioner.
(d) The court may grant a protective order or approve a consent
agreement to bring about a cessation of conduct constituting
stalking. Orders or agreements may:
(1) Direct a party to refrain from such conduct;
(2) Order a party to refrain from harassing or interfering with the
other;
(3) Award costs and attorneyīs fees to either party; and
(4) Order either or all parties to receive appropriate psychiatric
or psychological services as a further measure to prevent the
recurrence of stalking.
(e) The provisions of subsections (c) and (d) of Code Section
19-13-3, subsections (b), (c), and (d) of Code Section 19-13-4, and
Code Section 19-13-5, relating to family violence petitions, shall
apply to petitions filed pursuant to this Code section, except that
the clerk of court may provide forms for petitions and pleadings to
persons alleging conduct constituting stalking and to any other
person designated by the superior court pursuant to this Code
section as authorized to advise persons alleging conduct
constituting stalking on filling out and filing such petitions and
pleadings.
16-5-95.
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(a) A person commits the offense of violating a family violence
order when the person knowingly and in a nonviolent manner violates
the terms of a family violence temporary restraining order,
temporary protective order, permanent restraining order, or
permanent protective order issued against that person pursuant to
Article 1 of Chapter 13 of Title 19, which:
(1) Excludes, evicts, or excludes and evicts the person from a
residence or household;
(2) Directs the person to stay away from a residence, workplace, or
school;
(3) Restrains the person from approaching within a specified
distance of another person; or
(4) Restricts the person from having any contact, direct or
indirect, by telephone, pager, facsimile, e-mail, or any other means
of communication with another person, except as specified in the
order.
(b) Any person convicted of a violation of subsection (a) of this
Code section shall be guilty of a misdemeanor.
(c) Nothing contained in this Code section shall prohibit a
prosecution for the offense of stalking or aggravated stalking that
arose out of the same course of conduct; provided, however, that,
for purposes of sentencing, a violation of this Code section shall
be merged with a violation of any provision of Code Section 16-5-90
or 16-5-91 that arose out of the same course of conduct.
16-5-100.
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(a) A guardian or other person supervising the welfare of or having
immediate charge or custody of a person who is 65 years of age or
older commits the offense of cruelty to a person who is 65 years of
age or older when the person willfully deprives a person who is 65
years of age or older of health care, shelter, or necessary
sustenance to the extent that the health or well-being of a person
who is 65 years of age or older is jeopardized.
(b) The provisions of this Code section shall not apply to a
physician nor any person acting under his or her direction nor to a
hospital, skilled nursing facility, hospice, nor any agent or
employee thereof who is in good faith following a course of
treatment developed in accordance with accepted medical standards or
who is acting in good faith in accordance with a living will as
provided in Chapter 32 of Title 31, a durable power of attorney for
health care as provided in Chapter 36 of Title 31, an order not to
resuscitate as provided in Chapter 39 of Title 31, or the
instructions of the patient or the patientīs lawful surrogate
decision maker, nor shall the provisions of this Code section
require any physician, any institution licensed in accordance with
Chapter 7 of Title 31 or any employee or agent thereof to provide
health care services or shelter to any person in the absence of
another legal obligation to do so.
(b.1) The provisions of this Code section shall not apply to a
guardian or other person supervising the welfare of or having
immediate charge or control of a person who is 65 years of age or
older who in good faith provides treatment by spiritual means alone
through prayer for the personīs physical or mental condition, in
lieu of medical treatment, in accordance with the practices of and
written notarized consent of the person.
(c) A person convicted of the offense of cruelty to a person who is
65 years of age or older as provided in this Code section shall be
punished by imprisonment for not less than one nor more than 20
years.
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