2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 1 - General Provisions
§ 16-1-3. Definitions

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:
   1. When used with respect to the state government, any department, commission, committee, authority, board, or bureau thereof; and
   2. 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.

(Laws 1833, Cobb's 1851 Digest, p. 780; Code 1863, § 6; Code 1868, § 5; Code 1873, § 5; Code 1882, § 5; Penal Code 1895, § 2; Penal Code 1910, § 2; Code 1933, § 26-101; Code 1933, § 26-401, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1970, p. 236, § 1; Ga. L. 1973, p. 292, § 3; Ga. L. 1982, p. 3, § 16.)

- For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979). For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B. J. 8 (2001). For note discussing the felony murder rule, and proposing legislation to place limitations on Georgia's felony murder statute, see 9 Ga. St. B. J. 462 (1973). For note, "I Tolled You I Had More Time!: The Future of Tolling Looks Bright for Crime Victims, as the Georgia Court of Appeals Establishes New Meaning of O.C.G.A. § 9-3-99," see 68 Mercer L. Rev. 557 (2017). For comment on Tant v. State, 123 Ga. App. 760, 182 S.E.2d 502 (1971), advocating additional reform of Georgia's system of appellate review of criminal cases, see 9 Ga. St. B. J. 490 (1973).

ANALYSIS

• General Consideration
• Public Place
• Prosecution

District attorney does not fall within definition of "peace officer" in former Code 1933, § 26-401. 1969 Op. Att'y Gen. No. 69-339.

- Under former Code 1933, § 26-401 (see now O.C.G.A. § 17-4-20), a peace officer may arrest a sheriff with or without a warrant; however coroners do not fall within aegis of "peace officers" under former Code 1933, § 26-401 (see now O.C.G.A. § 16-1-3(11)) and consequently cannot arrest a sheriff in circumstances where a peace officer may be able to, but a private citizen would not. 1973 Op. Att'y Gen. No. 73-93.

- Military police, unlike peace officers, are not vested by law with a duty to maintain "public" order. Instead, military police are confined to law and order operations within the military reservation. 1991 Op. Att'y Gen. No. 91-3.

Off-duty military police may not be employed by a chief of police as part-time city police officers. 1991 Op. Att'y Gen. No. 91-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 114. 29 Am. Jur. 2d, Evidence, § 195. 30 Am Jur. 2d, Evidence § 1048. 75 Am. Jur. 2d, Trial, §§ 312, 331.

Defending Minor Felony Cases, 13 Am. Jur. Trials 465.

- 22 C.J.S., Criminal Law: Substantive Principles, §§ 46, 47. 23 C.J.S., Criminal Procedure and Rights of the Accused, §§ 970, 972.

- Validity of statute or ordinance prohibiting or regulating holding of meeting in street, 25 A.L.R. 114.

"Property" as including business or profession, 34 A.L.R. 716.

Character of offense as a felony as affected by discretion of court or jury as regards punishment, 95 A.L.R. 1115.

What amounts to conviction or satisfies requirement as to showing of conviction, within statute making conviction a ground for refusing to grant or for canceling license or special privilege, 113 A.L.R. 1179.

When criminal prosecution deemed pending within saving clause of statute, or principle which prevents application of statute to pending prosecution, 122 A.L.R. 670.

What constitutes former "conviction" within statute enhancing penalty for second or subsequent offense, 5 A.L.R.2d 1080.

Larceny: entrapment or consent, 10 A.L.R.3d 1121.

Burden of proof of defendant's age, in prosecution where attainment of particular age is statutory requisite of guilt, 49 A.L.R.3d 526.

Homicide: burden of proof on defense that killing was accidental, 63 A.L.R.3d 936.

What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.

Right of party litigant to defend or counterclaim on ground that opposing party or his attorney is engaged in unauthorized practice of law, 7 A.L.R.4th 1146.

Who "harbors" or "keeps" dog under animal liability statute, 64 A.L.R.4th 963.

What constitutes "public place" within meaning of state statute or local ordinance prohibiting indecency or commission of sexual act in public place, 95 A.L.R.5th 229.