O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-5-19 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

As used in this article, the term:

(1) ‘‘Correctional officer’’ means any person who is authorized to exercise the power of arrest and who is employed or appointed by the Department of Corrections or the State Board of Pardons and Paroles.

(2) ‘‘Emergency health worker’’ means hospital emergency department personnel and emergency medical services personnel.

(3) ‘‘Firefighter’’ shall have the same meaning as set forth in Code Section 25-4-2.

(4) ‘‘Highway emergency response operator’’ means an individual employed by the Department of Transportation who operates a towing or recovery vehicle or highway maintenance vehicle.

(5) ‘‘Jail officer’’ means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility.

(6) ‘‘Juvenile correctional officer’’ means any person employed or appointed by the Department of Juvenile Justice who has the primary responsibility for the supervision and control of youth confined in its programs and facilities.

(7) ‘‘Officer of the court’’ means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or court interpreter.

(8) ‘‘Probation officer’’ means a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42.

(9) ‘‘Public safety officer’’ means peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, or probation officer.

(10) ‘‘Public transit vehicle’’ shall have the same meaning as set forth in Code Section 16-5-20.

(11) ‘‘Strangulation’’ means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person.

History

Code 1981, § 16-5-19, enacted by Ga. L. 2017, p. 500, § 3-1/SB 160. Effective date. - This Code section became effective July 1, 2017.

Annotations

Editor’s notes. - Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: ‘‘This Act shall be

known and may be cited as the ‘Back the Badge Act of 2017.’ ’’

Law reviews. - For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For article on the 2017 enactment of this Code section, see 34 Ga. St. U. L. Rev. 89 (2017).

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2020–2025 · leading case: Johnson v. State, 863 S.E.2d 137 (Ga. 2021).
Sort: Relevance Newest Treatment
Johnson v. State, 863 S.E.2d 137 (Ga. 2021). · cites it 4× “This Court has explained that, [a]lthough the Criminal Code does not define “seriously disfiguring” as used in the aggravated battery statute, see OCGA § 16-5-19, that term generally has been construed as meaning “gravely or greatly impairing or injuring the appearance of a…”
Melvin Andrew Sutton v. State (Ga. Ct. App. 2020). · cites it 4× “” OCGA § 16-5-19 (11). 3 Sutton points to the absence of evidence of bruising, broken bones, or abrasions suffered by the victim, and notes that no medical or dental records were introduced at trial.”
Patrick Donovan Huff v. State (Ga. Ct. App. 2021). · cites it 2× “” OCGA § 16-5-19 (11). Huff argues that the evidence was insufficient to establish this offense because the victim “did not testify about the manner of the choking.”
Christopher Fuller v. State (Ga. Ct. App. 2025). · cites it 2× “]” OCGA § 16-5-19 (11). Here, the State presented evidence that during the altercation, Fuller “tried to twist [Scott’s] neck” and that he was able to get his hands around her neck, apply pressure, and tried “to pull it to twist [her] body with [her neck].”
Ollie Antonio Murphy v. State (Ga. Ct. App. 2024). · cites it 2× “And “strangulation” is defined under OCGA § 16-5-19 (11) as “impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person.”
Barry Rutherford v. State (Ga. Ct. App. 2024). · cites it 2× “” 10 Because the offense was committed “between past or present spouses,” Rutherford was charged with and convicted of family violence aggravated assault.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.