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2018 Georgia Code 16-1-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 16-1-2 Case Law from Google Scholar Amendments to OCGA 16-1-2

TITLE 16 CRIMES AND OFFENSES

Section 1. General Provisions, 16-1-1 through 16-1-12.

16-1-2. Purposes of title.

The general purposes of this title are:

To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction;
To define that which constitutes each crime; and
To prescribe penalties which are proportionate to the seriousness of crimes and which permit recognition of differences in rehabilitation possibilities among individual criminals.

(Code 1933, § 26-102, enacted by Ga. L. 1968, p. 1249, § 1.)

JUDICIAL DECISIONS

Pregnant woman not guilty of transporting drugs to fetus.

- Pregnant woman could not have reasonably known that she could have been prosecuted for delivering or distributing cocaine to her fetus since the fetus was not a "person" within the meaning of the relevant statute; thus, she did not receive the fair warning mandated by O.C.G.A. § 16-1-2. State v. Luster, 204 Ga. App. 156, 419 S.E.2d 32, cert. denied, 204 Ga. App. 922, 419 S.E.2d 32 (1992).

RESEARCH REFERENCES

Am. Jur. 2d.

- 16A Am. Jur. 2d, Constitutional Law, § 427. 16B Am. Jur. 2d, Constitutional Law, § 972. 21 Am. Jur. 2d, Criminal Law, § 15 et seq.

C.J.S.

- 22 C.J.S., Criminal Law, §§ 31, 32.

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