2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-24. Use of Force in Defense of Property Other Than a Habitation

1. A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other’s trespass on or other tortious or criminal interference with real property other than a habitation or personal property:
   1. Lawfully in his possession;
   2. Lawfully in the possession of a member of his immediate family; or
   3. Belonging to a person whose property he has a legal duty to protect.
2. The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

History. Code 1933, § 26-904, enacted by Ga. L. 1968, p. 1249, § 1.

Cross references.

Criminal trespass, § 16-7-21 .

Habitation and personal property defined, § 16-3-24.1 .

Law reviews.

For article, “Vigilant or Vigilante? Procedure and Rationale for Immunity in Defense of Habitation and Defense of Property Under the Official Code of Georgia Annotated §§ 16-3-23 , 16-3-24 , 16-3-24.1 , and 16-3-24 .2,” see 59 Mercer L. Rev. 629 (2008).

For annual survey on criminal law, see 61 Mercer L. Rev. 79 (2009).

For note, “Cops or Robbers? How Georgia’s Defense of Habitation Statute Applies to No-Knock Raids by Police,” see 26 Ga. St. U.L. Rev. 585 (2010).

For article with annual survey on criminal law, see 73 Mercer L. Rev. 75 (2021).