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Call Now: 904-383-7448As used in Code Sections 16-3-23 and 16-3-24, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.
(Code 1981, §16-3-24.1, enacted by Ga. L. 1998, p. 1153, § 1.1.)
- 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, and16-3-24.2," see 59 Mercer L. Rev. 629 (2008).
- Because trial counsel was not ineffective for failing to predict either the addition of the definition of habitation (which included automobiles) to the statutory scheme, or Georgia Supreme Court precedent, appellate counsel was not ineffective for failing to argue that trial counsel was ineffective on that ground. Cochran v. Frazier, F.3d (11th Cir. May 3, 2010)(Unpublished).
Trial court erred by refusing to charge the jury on the defense of habitation because the defendant testified that when the defendant returned to the vehicle with the victim to obtain the defendant's insurance card, after a vehicle collision, the victim reached through the defendant's window and began grabbing the defendant's shoulder and accusing the defendant of not having insurance; that the defendant became nervous and frightened, and that the defendant's son began to cry; and that the defendant drove away from the victim to escape the victim reaching through the window and grabbing the defendant while the victim was verbally accosting the defendant. Salazar-Balderas v. State, 343 Ga. App. 201, 806 S.E.2d 644 (2017).
Cited in Wike v. State, 262 Ga. App. 444, 585 S.E.2d 742 (2003); Coleman v. State, 286 Ga. 291, 687 S.E.2d 427 (2009); Smith v. State, 309 Ga. App. 241, 709 S.E.2d 823 (2011); Andrade v. State, 319 Ga. App. 75, 733 S.E.2d 474 (2012).
Total Results: 12
Court: Supreme Court of Georgia | Date Filed: 2024-10-15
Snippet: defense of habitation. We disagree. OCGA § 16-3-24.1 defines a “habitation” to include a “motor vehicle
Court: Supreme Court of Georgia | Date Filed: 2019-06-10
Citation: 829 S.E.2d 312
Snippet: motor vehicle, or place of business." See OCGA § 16-3-24.1. *316At trial, Swanson's counsel did not request
Court: Supreme Court of Georgia | Date Filed: 2019-04-29
Citation: 827 S.E.2d 678
Snippet: 'habitation' [includes] any ... motor vehicle." OCGA § 16-3-24.1. Moreover, "[t]o authorize a jury instruction
Court: Supreme Court of Georgia | Date Filed: 2018-08-27
Citation: 818 S.E.2d 653, 304 Ga. 455
Snippet: motor vehicle can be a "habitation." See OCGA § 16-3-24.1. For the most part, however, the evidence presented
Court: Supreme Court of Georgia | Date Filed: 2017-06-19
Citation: 301 Ga. 482, 801 S.E.2d 804, 2017 WL 2623875, 2017 Ga. LEXIS 534
Snippet: of habitation theory of justification. OCGA § 16-3-24.1 defines a “habitation” to include a “motor vehicle”
Court: Supreme Court of Georgia | Date Filed: 2012-10-15
Citation: 292 Ga. 160, 733 S.E.2d 304, 2012 Fulton County D. Rep. 3172, 2012 WL 4857217, 2012 Ga. LEXIS 798
Snippet: while she sat inside her automobile, see OCGA § 16-3-24.1 (providing that a motor vehicle is a habitation
Court: Supreme Court of Georgia | Date Filed: 2012-02-06
Citation: 290 Ga. 493, 722 S.E.2d 708, 2012 Fulton County D. Rep. 371, 2012 WL 360516, 2012 Ga. LEXIS 142
Snippet: addition of the definition of habitation [in OCGA § 16-3-24.1] (which included [‘motor vehicle’]) to the statutory
Court: Supreme Court of Georgia | Date Filed: 2010-07-05
Citation: 699 S.E.2d 302, 287 Ga. 676, 2010 Fulton County D. Rep. 2198, 2010 Ga. LEXIS 511
Snippet: in the context of an automobile. See OCGA § 16-3-24.1.[2] First, it must be noted that Kendrick did
Court: Supreme Court of Georgia | Date Filed: 2009-11-09
Citation: 687 S.E.2d 427, 286 Ga. 291, 2009 Fulton County D. Rep. 3566, 2009 Ga. LEXIS 703
Snippet: included in the definition of "habitation" (OCGA § 16-3-24.1), both appellants contend they were denied their
Court: Supreme Court of Georgia | Date Filed: 2005-09-19
Citation: 620 S.E.2d 343, 279 Ga. 750, 2005 Fulton County D. Rep. 2846, 2005 Ga. LEXIS 503
Snippet: specially. “Habitation” is defined by OCGA § 16-3-24.1 to include “any dwelling, motor vehicle, or place
Court: Supreme Court of Georgia | Date Filed: 2004-02-02
Citation: 592 S.E.2d 415, 277 Ga. 612, 2004 Fulton County D. Rep. 421, 2004 Ga. LEXIS 69
Snippet: established the bedroom as her habitation. OCGA § 16-3-24.1 defines "habitation" as "any dwelling, motor vehicle
Court: Supreme Court of Georgia | Date Filed: 2004-01-12
Citation: 591 S.E.2d 824, 277 Ga. 516, 2004 Fulton County D. Rep. 190, 2004 Ga. LEXIS 22
Snippet: “habitation” (including a motor vehicle under OCGA § 16-3-24.1) if the “entry is made or attempted in a violent