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Call Now: 904-383-7448A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.
(Code 1933, § 26-701, enacted by Ga. L. 1968, p. 1249, § 1.)
- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article suggesting upward adjustment to age 15 of the age of criminal responsibility and creation of a rebuttable presumption of adult accountability for youths aged 15 to 18, see 23 Mercer L. Rev. 341 (1972). For survey article on constitutional law, see 34 Mercer L. Rev. 53 (1982). For article, "Annual Survey of Georgia Law: June 1, 2015 - May 31, 2016: Special Contribution: Georgia's Safe Harbor Ruling for Affirmative Defenses in Criminal Cases Should Be Revisited," see 68 Mercer L. Rev. 35 (2016). For comment criticizing Hatch v. O'Neill, 231 Ga. 446, 202 S.E.2d 44 (1973), holding individual under age of criminal responsibility not civilly liable for willful torts, see 26 Mercer L. Rev. 367 (1974).
- Former Code 1933, § 26-701 (O.C.G.A. § 16-3-1) did not provide that a person under 13 years of age was incapable of performing an act which was designated a crime under the laws of this state; it simply raised a defense for such a person because of social desirability of protecting those no more than 12 years of age from consequences of criminal guilt. K.M.S. v. State, 129 Ga. App. 683, 200 S.E.2d 916 (1973).
- In a personal injury action by a 10-year-old child, since the child could not be found guilty of violating the criminal law, the trial court erred by charging that the child could be guilty of contributory negligence per se for violating certain traffic laws. Sorrells v. Miller, 218 Ga. App. 641, 462 S.E.2d 793 (1995).
- Trial court did not unfairly enhance defendant's sentence for armed robbery based on a previous aggravated child molestation conviction, committed when defendant was 13 years old, as: (1) under O.C.G.A. § 16-3-1, the legislature made the age of 13 the age of criminal responsibility in Georgia; (2) the legislature did not elect to carve out an exception that would exempt youthful offenders from the sentencing provisions of O.C.G.A. § 17-10-7(b)(2); and (3) the Georgia Supreme Court had upheld the constitutionality of the "two violent felonies" statute, O.C.G.A. § 17-10-7(b)(2). Lee v. State, 267 Ga. App. 834, 600 S.E.2d 825 (2004).
- If witness is exempt from criminal prosecution because of age, protection against self-incrimination is unnecessary. Jones v. State, 128 Ga. App. 885, 198 S.E.2d 336 (1973).
Age referred to in O.C.G.A. § 16-3-1 is biological age, not "mental age." Couch v. State, 253 Ga. 764, 325 S.E.2d 366 (1985).
- Summary judgment was properly denied on a parent's claim of intentional infliction of emotional distress, false arrest, false imprisonment, and invasion of privacy arising out of an accusation by store employees that the parent's nine-year-old child stole from the store because the child was below the age of 13, the age of criminal responsibility under O.C.G.A. § 16-3-1, and was legally incapable of giving consent to their actions under O.C.G.A. §§ 51-11-2 and51-11-6. Todd v. Byrd, 283 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 326, 672 S.E.2d. 7 (2008).
Cited in Carter v. State, 122 Ga. App. 21, 176 S.E.2d 238 (1970); Brady v. Lewless, 124 Ga. App. 858, 186 S.E.2d 310 (1971); Hatch v. O'Neill, 231 Ga. 446, 202 S.E.2d 44 (1973); M.S.K. v. State, 131 Ga. App. 1, 205 S.E.2d 59 (1974); Soles v. Beasley, 137 Ga. App. 280, 223 S.E.2d 477 (1976); Carrindine v. Ricketts, 236 Ga. 283, 223 S.E.2d 627 (1976); Lockett v. State, 143 Ga. App. 629, 239 S.E.2d 238 (1977); Morris v. State, 150 Ga. App. 310, 257 S.E.2d 378 (1979); Barrett v. Carter, 248 Ga. 389, 283 S.E.2d 609 (1981); Beldonza v. State, 160 Ga. App. 647, 288 S.E.2d 37 (1981); Green v. Gaydon, 174 Ga. App. 796, 331 S.E.2d 106 (1985); Spivey v. Sellers, 185 Ga. App. 241, 363 S.E.2d 856 (1987); Waugh v. State, 263 Ga. 691, 437 S.E.2d 297 (1993); Luke v. State, 222 Ga. App. 203, 474 S.E.2d 49 (1996); Arbegast v. State, 332 Ga. App. 414, 773 S.E.2d 283 (2015).
- 21 Am. Jur. 2d, Criminal Law, § 34.
- 43 C.J.S., Infants, § 292.
Total Results: 11
Court: Supreme Court of Georgia | Date Filed: 2021-06-21
Snippet: lacked the capacity to commit a crime under OCGA § 16-3-1, 3 or the State was required to prove by a preponderance
Court: Supreme Court of Georgia | Date Filed: 2012-06-18
Citation: 291 Ga. 183, 728 S.E.2d 569, 2012 Fulton County D. Rep. 1918, 2012 WL 2206885, 2012 Ga. LEXIS 565
Snippet: properly done by legislatures. See, e.g., OCGA§§ 16-3-1 (establishing 13 as the age of criminal responsibility)
Court: Supreme Court of Georgia | Date Filed: 2011-02-07
Citation: 707 S.E.2d 359, 288 Ga. 695, 2011 Fulton County D. Rep. 208, 2011 Ga. LEXIS 96
Snippet: the protection accorded such children by OCGA § 16-3-1. Pursuant to that statute, “[a] person shall not
Court: Supreme Court of Georgia | Date Filed: 2010-06-28
Citation: 696 S.E.2d 660, 287 Ga. 464, 2010 Fulton County D. Rep. 2075, 2010 Ga. LEXIS 501
Snippet: combination of Rules 1.2(a), 1.3, 1.4, 1.5, 1.16, 3.1, 3.3, 5.5, 8.4(a)(4), and 9.3 of the Rules of Professional
Court: Supreme Court of Georgia | Date Filed: 2004-05-03
Citation: 596 S.E.2d 147, 278 Ga. 4, 2004 Fulton County D. Rep. 1888, 2004 Ga. LEXIS 343
Snippet: held criminally responsible for an act. See OCGA § 16-3-1. There was no allegation of sodomy in the indictment
Court: Supreme Court of Georgia | Date Filed: 2000-09-11
Citation: 533 S.E.2d 718, 272 Ga. 752, 2000 Fulton County D. Rep. 3585, 2000 Ga. LEXIS 622
Snippet: defense to a criminal charge. See, e.g., OCGA § 16-3-1 et seq.; Molnar, Ga. Criminal Law (6th ed.), Defenses
Court: Supreme Court of Georgia | Date Filed: 1996-05-20
Citation: 266 Ga. 685, 470 S.E.2d 429, 96 Fulton County D. Rep. 1831, 1996 Ga. LEXIS 239
Snippet: considered or found guilty of any crime. OCGA § 16-3-1. Compare Waugh v. State, 263 Ga. 692, 693 (2) (437
Court: Supreme Court of Georgia | Date Filed: 1994-11-21
Citation: 264 Ga. 643, 449 S.E.2d 823, 94 Fulton County D. Rep. 3737, 1994 Ga. LEXIS 888
Snippet: The age of criminal responsibility is 13. OCGA § 16-3-1. For purposes of delinquency, however, a “child”
Court: Supreme Court of Georgia | Date Filed: 1993-12-02
Citation: 437 S.E.2d 297, 263 Ga. 692
Snippet: intent to violate OCGA § 16-7-22 (a) (1). OCGA § 16-3-1. As defined in OCGA § 16-7-22 (a) (1), criminal
Court: Supreme Court of Georgia | Date Filed: 1992-02-13
Citation: 413 S.E.2d 199, 261 Ga. 863, 34 Fulton County D. Rep. 17, 1992 Ga. LEXIS 151
Snippet: Section 16-3-1 for criminal offenses." The minimum age of criminal responsibility is 13. OCGA § 16-3-1. Horton
Court: Supreme Court of Georgia | Date Filed: 1985-01-30
Citation: 325 S.E.2d 366, 253 Ga. 764, 1985 Ga. LEXIS 566
Snippet: incapable of forming the requisite intent under OCGA § 16-3-1, which provides that "[a] person shall not be considered