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O.C.G.A. § 16-5-72 — Reckless abandonment | Georgia Code
O.C.G.A. § 16-5-72 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 5. Crimes Against the Person, 16-5-1 through 16-5-110.

ARTICLE 5 CRUELTY TO CHILDREN

16-5-72. Reckless abandonment.

  1. A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of one year commits the offense of reckless abandonment of a child when the person willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child.
  2. Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 25 years.

(Code 1981, §16-5-72, enacted by Ga. L. 1989, p. 1605, § 1.)

Law reviews.

- For note on 1989 enactment of this Code section, see 6 Ga. St. U.L. Rev. 209 (1989).

JUDICIAL DECISIONS

Evidence sufficient to sustain conviction.

- Evidence that the death of a child occurred following the mother's placing the child in a trash bag after giving birth and then putting the bag on the front porch was sufficient to support the finding of a violation of O.C.G.A. § 16-5-72. In re B.L.M., 228 Ga. App. 664, 492 S.E.2d 700 (1997).

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.