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2018 Georgia Code 16-5-92 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-5-92 Case Law from Google Scholar Amendments to OCGA 16-5-92

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 7 STALKING

16-5-92. Applicability.

The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in activities protected by the Constitution of the United States or of this state or to persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in the practice of a profession.

(Code 1981, §16-5-92, enacted by Ga. L. 1993, p. 1534, § 1.)

JUDICIAL DECISIONS

Jury charge properly denied.

- Defendant charged with stalking could not have returned to a romantic partner's house lawfully because a court had barred the defendant from doing so without a police escort; thus, it was proper to deny the defendant's request to charge under O.C.G.A. § 16-5-92. Hayles v. State, 287 Ga. App. 601, 651 S.E.2d 860 (2007).

Cited in Bruno v. Light, 344 Ga. App. 799, 811 S.E.2d 500 (2018).

Cases Citing O.C.G.A. § 16-5-92

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Chan v. Ellis, 296 Ga. 838 (Ga. 2015).

Cited 71 times | Published | Supreme Court of Georgia | Mar 27, 2015 | 770 S.E.2d 851, 43 Media L. Rep. (BNA) 1524

...Generally speaking, our stalking law forbids speech only to the extent that it is directed to an unwilling listener,7 and even if Ellis did not like 7 Even then, if the speech is protected by the First Amendment, it is excluded from the scope of our stalking law. See OCGA § 16-5-92 (“The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in activities protected by the Constitution of 8 what she heard, she cannot be fairly characterized as an unwilling listener....