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2018 Georgia Code 16-5-73 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-5-73 Case Law from Google Scholar Amendments to OCGA 16-5-73

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 5 CRUELTY TO CHILDREN

16-5-73. Prohibition against presence of children during manufacture of methamphetamine; punishment.

  1. As used in this Code section, the term:
    1. "Chemical substance" means anhydrous ammonia, as defined in Code Section 16-11-111; ephedrine, pseudoephedrine, or phenylpropanolamine, as those terms are defined in Code Section 16-13-30.3; or any other chemical used in the manufacture of methamphetamine.
    2. "Child" means any individual who is under the age of 18 years.
    3. "Intent to manufacture" means but is not limited to the intent to manufacture methamphetamine, which may be demonstrated by a chemical substance's usage, quantity, or manner or method of storage, including but not limited to storing it in proximity to another chemical substance or equipment used to manufacture methamphetamine.
    4. "Methamphetamine" means methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Code Section 16-13-26.
    5. "Serious injury" means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening.
    1. Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years.
    2. Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.

(Code 1981, §16-5-73, enacted by Ga. L. 2004, p. 57, § 4; Ga. L. 2005, p. 60, § 16/HB 95.)

Editor's notes.

- Ga. L. 2004, p. 57, § 6, not codified by the General Assembly, provides that the amendment by that Act shall apply to all crimes which occur on or after July 1, 2004.

Law reviews.

- For article on 2004 enactment of this Code section, see 21 Ga. St. U.L. Rev. 45 (2004).

JUDICIAL DECISIONS

Confession properly admitted.

- Trial court did not err in finding that the defendant freely and voluntarily made a statement to police admitting that the defendant knew methamphetamine was being manufactured in the garage a few feet from the defendant's three-month-old child because the defendant was advised of the Miranda rights, waived the right to counsel, and agreed to speak with the investigator and during that conversation made the admission. Blackwell v. State, 337 Ga. App. 173, 786 S.E.2d 552 (2016).

Evidence sufficient to support conviction.

- Evidence was sufficient to convict the defendant of manufacturing methamphetamine in the presence of a child because the defendant's daughter was six years old at the time the residence was searched and evidence of the methamphetamine lab was found; items used for the manufacture of methamphetamine and methamphetamine were found in the residence; and, although the daughter apparently lived with the grandparents, the daughter visited the residence as many as three times per week and maintained a bedroom there. Cummings v. State, 345 Ga. App. 702, 814 S.E.2d 806 (2018).

Reversal warranted.

- While there was sufficient evidence that the defendant permitted the child to be present where methamphetamine was being manufactured by the defendant's mother, the defendant was entitled to reversal of that conviction, because defense counsel was ineffective in failing to object when the State presented evidence of the defendant's alleged participation in a pill ring as a similar transaction. Hutchins v. State, 326 Ga. App. 250, 756 S.E.2d 347 (2014).

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