TITLE 16
CRIMES AND OFFENSES
ARTICLE 2
ASSAULT AND BATTERY
16-5-28. Assault on an unborn child.
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For the purposes of this Code section, the term "unborn child" means a member of the species homo sapiens at any stage of development who is carried in the womb.
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A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child.
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Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor.
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Nothing in this Code section shall be construed to permit the prosecution of:
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Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
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Any person for any medical treatment of the pregnant woman or her unborn child; or
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Any woman with respect to her unborn child.
(Code 1981, §16-5-28, enacted by Ga. L. 2006, p. 643, § 1/SB 77.)
Editor's notes.
- Ga. L. 2006, p. 643,
§
5, not codified by the General Assembly, provides that the amendment by that Act shall apply to all offenses committed on or after July 1, 2006.
Law reviews.
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For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 27 (2006).
OPINIONS OF THE ATTORNEY GENERAL
Fingerprinting required for violators.
- Those charged with offenses under O.C.G.A.
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16-5-28 are to be fingerprinted. 2007 Op. Att'y Gen. No. 2007-1.
