2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 1 - General Provisions
§ 16-1-3. Definitions

Universal Citation: GA Code § 16-1-3 (2018)
    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 enumeration in this title of some affirmative defenses shall not be construed as excluding the existence of others.

  • (2) "Agency" means:

    • (A) When used with respect to the state government, any department, commission, committee, authority, board, or bureau thereof; and

    • (B) When used with respect to any political subdivision of the state government, any department, commission, committee, authority, board, or bureau thereof.

  • (3) "Another" means a person or persons other than the accused.

  • (4) "Conviction" includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty.

  • (5) "Felony" means a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.

  • (6) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any person.

  • (7) "Forcible misdemeanor" means any misdemeanor which involves the use or threat of physical force or violence against any person.

  • (8) "Government" means the United States, the state, any political subdivision thereof, or any agency of the foregoing.

  • (9) "Misdemeanor" and "misdemeanor of a high and aggravated nature" mean any crime other than a felony.

  • (10) "Owner" means a person who has a right to possession of property which is superior to that of a person who takes, uses, obtains, or withholds it from him and which the person taking, using, obtaining, or withholding is not privileged to infringe.

  • (11) "Peace officer" means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.

  • (12) "Person" means an individual, a public or private corporation, an incorporated association, government, government agency, partnership, or unincorporated association.

  • (13) "Property" means anything of value, including but not limited to real estate, tangible and intangible personal property, contract rights, services, choses in action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, and electric or other power.

  • (14) "Prosecution" means all legal proceedings by which a person's liability for a crime is determined, commencing with the return of the indictment or the filing of the accusation, and including the final disposition of the case upon appeal.

  • (15) "Public place" means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household.

  • (16) "Reasonable belief" means that the person concerned, acting as a reasonable man, believes that the described facts exist.

  • (17) "State" means the State of Georgia, all land and water in respect to which this state has either exclusive or concurrent jurisdiction, and the airspace above such land and water.

  • (18) "Without authority" means without legal right or privilege or without permission of a person legally entitled to withhold the right.

  • (19) "Without his consent" means that a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.

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