2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 2 - Assault and Battery
§ 16-5-23. Simple Battery

1. 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.
2. Except as otherwise provided in subsections (c) through (i) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.
3. 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.
4. 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.
5. Any person who commits the offense of simple battery against a police officer, 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.
6. 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.
7. Reserved.
8. 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.
9. Any person who commits the offense of simple battery against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "school property" shall include public school buses and stops for public school buses as designated by local school boards of education.

(Laws 1833, Cobb's 1851 Digest, p. 788; Code 1863, § 4262; Code 1868, § 4297; Code 1873, § 4363; Code 1882, § 4363; Penal Code 1895, § 102; Penal Code 1910, § 102; Code 1933, § 26-1408; Code 1933, § 26-1304, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1987, p. 557, § 1; Ga. L. 1991, p. 971, §§ 5, 6; Ga. L. 1992, p. 2055, § 1; Ga. L. 1993, p. 91, § 16; Ga. L. 1997, p. 907, § 1; Ga. L. 1999, p. 381, § 4; Ga. L. 1999, p. 562, § 3; Ga. L. 2000, p. 16, § 1; Ga. L. 2004, p. 621, § 2; Ga. L. 2005, p. 60, § 16/HB 95; Ga. L. 2011, p. 227, § 3/SB 178; Ga. L. 2015, p. 203, § 3-2/SB 72; Ga. L. 2021, p. 384, § 2/HB 363.)

The 2021 amendment, effective July 1, 2021, substituted "Reserved." for the former provisions of subsection (g), which read: "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 31-7-12.2, relating to assisted living communities, 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."

- Pursuant to Code Section 28-9-5, in 1992, subsection (d) as added by Ga. L. 1992, p. 2066, § 1, was redesignated as subsection (e), since this Code section already had a subsection (d).

- Ga. L. 1999, p. 381, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crimes Against Family Members Act of 1999'."

Ga. L. 1999, p. 381, § 7, not codified by the General Assembly, provides that: "Nothing herein shall be construed to validate a relationship between people of the same sex as a 'marriage' under the laws of this State."

Ga. L. 1999, p. 562, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crimes Against Elderly Act of 1999'."

Ga. L. 2000, p. 16, § 2, not codified by the General Assembly, provides that the 2000 amendment to this Code section is applicable to offenses committed on or after July 1, 2000.

Ga. L. 2004, p. 621, § 9(b), not codified by the General Assembly, provides that the amendment by that Act shall apply to offenses committed on or after July 1, 2004.

Ga. L. 2015, p. 203, § 3-1/SB 72, not codified by the General Assembly, provides that: "This part of this Act shall be known and may be cited as 'Tanja's Law.'"

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For article, "Gender and Justice in the Courts: A Report to the Supreme Court of Georgia by the Commission on Gender Bias in the Judicial System," see 8 Ga. St. U. L. Rev. 539 (1992). For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B. J. 8 (2001). For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007). For note on 2000 amendment of O.C.G.A. § 16-5-23, see 17 Ga. St. U. L. Rev. 89 (2000).

ANALYSIS

• General Consideration
• Jury Instructions

OPINIONS OF THE ATTORNEY GENERAL

Authority of Georgia Crime Information Center to maintain records.

- Georgia Crime Information Center is authorized to maintain records of reported crime and, in some instances, to record information identifying persons charged with the commission of crime; however, the center is not authorized to maintain records identifying persons charged with disorderly conduct except when the charge is directly connected with or directly related to certain statutory offenses, including simple battery. 1976 Op. Att'y Gen. No. 76-33.

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assault and Battery, § 1 et seq.

- 6A C.J.S., Assault, §§ 85, 86.

- Civil liability growing out of mutual combat, 47 A.L.R. 1092.

Mayhem as dependent on part of body injured and extent of injury, 58 A.L.R. 1320.

Mayhem by use of poison or acid, 58 A.L.R. 1328.

Civil liability of one instigating or inciting an assault or assault and battery notwithstanding primary or active participant therein has been absolved of liability, 72 A.L.R.2d 1229.

Liability of physician or hospital in the performance of cosmetic surgery upon the face, 54 A.L.R.3d 1255.

Consent as defense to charge of criminal assault and battery, 58 A.L.R.3d 662.

What constitutes offense of "sexual battery,", 87 A.L.R.3d 1250.

Criminal responsibility for physical measures undertaken in connection with treatment of mentally disordered patient, 99 A.L.R.3d 854.