2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 12 - Offenses Against Public Health and Morals
Article 4 - Offenses Against Public Transportation
Part 2 - Transportation Passenger Safety
§ 16-12-129. Defense of Self or Others an Absolute Defense to Violation Under This Part

Universal Citation: GA Code § 16-12-129 (2020)

Defense of self or others, as contemplated by and provided for under Article 2 of Chapter 3 of this title, shall be an absolute defense to any violation under this part.

(Code 1981, §16-12-129, enacted by Ga. L. 2014, p. 599, § 1-12/HB 60; Ga. L. 2015, p. 5, § 16/HB 90.)

Editor's notes.

- Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Safe Carry Protection Act.'"

ARTICLE 5 ABORTION

Cross references.

- Parental notification, T. 15, C. 11, A. 3.

Administrative Rules and Regulations.

- Performance of abortions after the first trimester of pregnancy, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Resources of Physical Health, Chapter 290-5-32.

Law reviews.

- For article, "The Politics of Virtue: Animals, Theology and Abortion," see 25 Ga. L. Rev. 923 (1991). For article, "Two Decades of Reproductive Freedom Litigation and Activism in Georgia: From Doe v. Bolton to Atlanta v. Operation Rescue," see 28 Ga. St. B.J. 34 (1991). For article, "Antiprogestin Drugs: Medical and Legal Issues," see 42 Mercer L. Rev. 971 (1991). For article, "Transcript: Abortion and Gay Rights," see 35 Ga. St. U.L. Rev. 871 (2019). For note, "The Law of Therapeutic Abortion: A Social Commentary on Proposed Reform," see 15 J. of Pub. L. 386 (1966). For note on abortion law preceding enactment of current chapter, see 20 Mercer L. Rev. 314 (1969). For note advocating revision of former Georgia abortion statutes, see 6 Ga. L. Rev. 168 (1971). For note, "What Do We Have Against Parents?: An Assessment of Judicial Bypass Procedures and Parental Involvement in Abortions by Minors," see 43 Ga. L. Rev. 617 (2009). For comment on Doe v. Bolton, 319 F. Supp. 1048, (N.D. Ga. 1970), as to unconstitutionality of statutory limitation on reasons for abortion, see 22 Mercer L. Rev. 461 (1971). For comment on Doe v. Bolton, 410 U.S. 179, 93 S. Ct. 739, 35 L. Ed. 2d 201 (1973), and Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), see 10 Ga. St. B.J. 153 (1973). For comment, "The Trimester Approach: How Long Can the Legal Fiction Last?," see 35 Mercer L. Rev. 891 (1984).

OPINIONS OF THE ATTORNEY GENERAL

One 18 years of age or older may consent to abortion.

- Since age of majority, and consequently age of emancipation from legal custody and control of parent is 18 years of age, a person 18 years of age or older may consent to an abortion. 1972 Op. Att'y Gen. No. 72-118.

RESEARCH REFERENCES

ALR.

- Necessity, to warrant conviction of abortion, that fetus be living at time of commission of acts, 16 A.L.R.2d 949.

Pregnancy as element of abortion or homicide based thereon, 46 A.L.R.2d 1393.

Right of action for injury to or death of woman who consents to illegal abortion, 36 A.L.R.3d 630.

Right of minor to have abortion performed without parental consent, 42 A.L.R.3d 1406.

Validity of state statutes and regulations limiting or restricting public funding for abortions sought by indigent women, 20 A.L.R.4th 1166.

Requisites and conditions of judicial consent to minor's abortion, 23 A.L.R.4th 1061.

Use of Planned Parenthood v. Casey's "Large-Fraction" test in review of abortion regulations, 38 A.L.R.7th Art. 6.

Constitutional right of prisoners to abortion services and facilities - federal cases, 90 A.L.R. Fed. 683.

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