2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 2 - Assault and Battery
§ 16-5-24. Aggravated Battery

1. 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.
2. Except as provided in subsections (c) through (g) 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.
3. 1. A person who knowingly commits the offense of aggravated battery upon a public safety officer while the public safety 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; provided, however, that for persons who are at least 17 years of age, a mandatory minimum term of imprisonment of three years shall be imposed and no portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum.
   2. A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.
4. 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.
5. 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.
6. 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 Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
7. 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.

(Laws 1833, Cobb's 1851 Digest, pp. 786, 787; Code 1863, § 4238; Code 1868, § 4273; Code 1873, § 4339; Code 1882, § 4339; Penal Code 1895, § 83; Penal Code 1910, § 83; Code 1933, § 26-1201; Code 1933, § 26-1305, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 543, § 2; Ga. L. 1982, p. 3, § 16; Ga. L. 1984, p. 900, § 2; Ga. L. 1985, p. 628, § 2; Ga. L. 1991, p. 971, §§ 9, 10; Ga. L. 1994, p. 1012, § 9; Ga. L. 1996, p. 988, § 2; Ga. L. 1997, p. 1453, § 1; Ga. L. 1999, p. 381, § 5; Ga. L. 2000, p. 1626, § 2; Ga. L. 2003, p. 140, § 16; Ga. L. 2014, p. 432, § 2-3/HB 826; Ga. L. 2014, p. 599, § 3-2/HB 60; Ga. L. 2016, p. 582, § 2/HB 979; Ga. L. 2017, p. 500, § 3-3/SB 160.)

The 2017 amendment, effective July 1, 2017, substituted "subsections (c) through (g)" for "subsections (c) through (i)" in subsection (b); designated the existing provisions of subsection (c) as paragraph (c)(1); in paragraph (c)(1), substituted "public safety officer while the public safety officer" for "peace officer while the officer" near the middle, added the proviso at the end; added paragraph (c)(2); deleted former subsection (e), which read: "(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."; redesignated former subsection (f) as present subsection (e); deleted the second sentence in present subsection (e), which read: "For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20."; redesignated former subsections (g) and (h) as present subsections (f) and (g), respectively; and deleted former subsection (i), which read: "A person who knowingly commits the offense of aggravated battery upon an emergency health worker while the worker 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. As used in this subsection, the term 'emergency health worker' means hospital emergency department personnel and emergency medical services personnel."

- Indemnification program for law enforcement officers, firefighters, and prison guards killed or injured on duty, § 45-9-80 et seq.

- Ga. L. 1994, p. 1012, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994."

Ga. L. 1994, p. 1012, § 2, not codified by the General Assembly, sets forth legislative findings and determinations for the "School Safety and Juvenile Justice Reform Act of 1994."

Ga. L. 1994, p. 1012, § 29, not codified by the General Assembly, provides for severability.

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

Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"

- For article surveying developments in Georgia constitutional law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 51 (1981). For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For review of 1996 children and youth services legislation, see 13 Ga. St. U. L. Rev. 314 (1996).

ANALYSIS

• General Consideration
• "Serious Disfigurement"
• Application
• Jury Instructions

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assault and Battery, §§ 2, 7, 30, 31, 32, 33, 144, 145. 53 Am. Jur. 2d, Mayhem and Related Offenses, § 1 et seq.

- 56 C.J.S., Mayhem, § 1 et seq.

- 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.

Use of set gun, trap, or similar device on defendant's own property, 47 A.L.R.3d 646.

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

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

Criminal assault or battery statutes making attack on elderly person a special or aggravated offense, 73 A.L.R.4th 1123.

Admissibility of expert opinion stating whether a particular knife was, or could have been, the weapon used in a crime, 83 A.L.R.4th 660.

Stationary object or attached fixture as deadly or dangerous weapon for purposes of statute aggravating offenses such as assault, robbery, or homicide, 8 A.L.R.5th 775.

Construction and application of "crime of violence" provision of U.S.S.G. § 2L1.2 pertaining to unlawfully entering or remaining in the United States after commission of felony offense, 68 A.L.R. Fed. 2d 55.