2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 2 - Assault and Battery
§ 16-5-23.1. Battery

1. A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
2. As used in this Code section, the term “visible bodily harm” means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
3. Except as provided in subsections (d) through (k) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
4. Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
   1. Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
   2. Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
5. Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.
6. 1. As used in this subsection, the term “household member” means 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 living or formerly living in the same household.
   2. If the offense of battery is committed between household members, it shall constitute the offense of family violence battery and shall be punished as follows:
      1. Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; provided, however, that if the defendant has previously been convicted of a forcible felony committed between household members under the laws of this state, of the United States, including the laws of its territories, possessions, or dominions, or any of the several states, or of any foreign nation recognized by the United States, which if committed in this state would have constituted a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years; and
      2. Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
   3. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
7. Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.
8. Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
9. Any person who commits the offense of battery against a teacher or other school personnel engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. For purposes of this Code section, “school property” shall include public school buses and public school bus stops as designated by local school boards of education.
10. Reserved.
11. Any person who commits the offense of battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, the term “sports official” means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.

History. Code 1981, § 16-5-23.1 , enacted by Ga. L. 1987, p. 1010, § 1; Ga. L. 1991, p. 971, §§ 7, 8; Ga. L. 1996, p. 449, § 1; Ga. L. 1997, p. 907, § 2; Ga. L. 1997, p. 1064, § 9; Ga. L. 1998, p. 128, § 16; Ga. L. 1999, p. 562, § 4; Ga. L. 2000, p. 16, § 1; Ga. L. 2004, p. 621, § 3; Ga. L. 2011, p. 227, § 4/SB 178; Ga. L. 2016, p. 587, § 1/SB 193; Ga. L. 2019, p. 81, § 1/HB 424; Ga. L. 2021, p. 384, § 3/HB 363.

The 2019 amendment, effective April 18, 2019, substituted “(k)” for “(l)” in subsection (c); deleted former subsection (j), which read: “Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.”; and redesignated former subsections (k) and (l) as present subsections (j) and (k), respectively.

The 2021 amendment, effective July 1, 2021, substituted “Reserved.” for the former provisions of subsection (j), which read: “A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both.”

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1987, a comma was inserted following “stay” in paragraph (d)(2).

Pursuant to Code Section 28-9-5, in 1997, subsection (h), which was added by Ga. L. 1997, p. 1064, was redesignated as subsection (i).

Editor’s notes.

Ga. L. 1997, p. 1064, § 12, not codified by the General Assembly, provides that the provisions of that Act “shall not affect or abate the status of a crime or delinquent act or of any such act or omission which occurred prior to the effective date of this Act, nor shall the prosecution of such crime or delinquent act be abated as a result of the provisions of this Act.”

Ga. L. 1997, p. 1064, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Juvenile Justice Act of 1997’. ”

Ga. L. 1999, p. 562, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Crimes Against Elderly Act of 1999’. ”

Ga. L. 2000, p. 16, § 2, not codified by the General Assembly, provides that the 2000 amendment to this Code section is applicable to offenses committed on or after July 1, 2000.

Ga. L. 2004, p. 621, § 9(b), not codified by the General Assembly, provides that the amendment by that Act shall apply to offenses committed on or after July 1, 2004.

Law reviews.

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U. L. Rev. 69 (1997).

For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B. J. (2001).

For annual survey on evidence law, see 69 Mercer L. Rev. 101 (2017).

For note on 2000 amendment of O.C.G.A. § 16-5-23.1 , see 17 Ga. St. U. L. Rev. 89 (2000).

For comment, “The Abuse of Animals as a Method of Domestic Violence: The Need for Criminalization,” see 63 Emory L.J. 1163 (2014).