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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:

  1. To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
  2. To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction;
  3. To define that which constitutes each crime; and
  4. 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.

Cases Citing O.C.G.A. § 16-1-2

Total Results: 10  |  Sort by: Relevance  |  Newest First

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Mize v. State, 501 S.E.2d 219 (Ga. 1998).

Cited 105 times | Published | Supreme Court of Georgia | Jun 15, 1998 | 269 Ga. 646, 98 Fulton County D. Rep. 2055

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Stinski v. State, 691 S.E.2d 854 (Ga. 2010).

Cited 64 times | Published | Supreme Court of Georgia | Mar 1, 2010 | 286 Ga. 839, 2010 Fulton County D. Rep. 551

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Merritt v. State, 690 S.E.2d 835 (Ga. 2010).

Cited 35 times | Published | Supreme Court of Georgia | Mar 15, 2010 | 286 Ga. 650, 2010 Fulton County D. Rep. 754

...parole after 30 years, or to a term of years, with the minimum sentence being 25 years without parole and with any additional years, which may include a defendant's entire life span, being likewise not subject to any possibility of parole. See OCGA § 16-1-2 (purpose of Criminal Code is to give fair warning of nature of conduct forbidden and sentence authorized upon conviction)....
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Forehand v. State, 477 S.E.2d 560 (Ga. 1996).

Cited 28 times | Published | Supreme Court of Georgia | Nov 4, 1996 | 267 Ga. 254, 96 Fulton County D. Rep. 3897

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Prodigy Centers/Atlanta v. T-C Assocs., 501 S.E.2d 209 (Ga. 1998).

Cited 22 times | Published | Supreme Court of Georgia | Jun 8, 1998 | 269 Ga. 522, 98 Fulton County D. Rep. 1934

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Warren v. State, 336 S.E.2d 221 (Ga. 1985).

Cited 21 times | Published | Supreme Court of Georgia | Nov 6, 1985 | 255 Ga. 151

...." Section 213.1 Model Penal Code. Our Legislature could have, but did not, include the words "not his wife." They chose instead to add the words "A person," which broadens the statute and which is in keeping with the enunciated purposes of the code. OCGA § 16-1-2....
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Holmes v. State, 572 S.E.2d 569 (Ga. 2002).

Cited 16 times | Published | Supreme Court of Georgia | Nov 12, 2002 | 275 Ga. 853, 2002 Fulton County D. Rep. 3351

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In the Interest of T.b., a Child, 313 Ga. 846 (Ga. 2022).

Cited 13 times | Published | Supreme Court of Georgia | Jun 1, 2022

...insanity excuses the person’s prior conduct and results in outright acquittal. See OCGA §§ 17-7-131 (d) (“Whenever a defendant is found not guilty by reason of insanity at the time of the crime, . . . the person [is] acquitted . . . .”); 16-1-2 (1) (noting that the Criminal Code only seeks “[t]o forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests” (emphasis supplied)).10 Rather, the consequences flowing 10 See also Clark v....
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Phillips v. State, 236 Ga. 617 (Ga. 1976).

Cited 1 times | Published | Supreme Court of Georgia | Apr 6, 1976 | 225 S.E.2d 12

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Riggs v. Martin, 33 S.E.2d 15 (Ga. 1945).

Published | Supreme Court of Georgia | Feb 7, 1945 | 198 Ga. 824