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

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 Georgia Code 16-5-92 From Courtlistener.com

Total Results: 1

Chan v. Ellis

Court: Supreme Court of Georgia | Date Filed: 2015-03-27

Citation: 296 Ga. 838, 770 S.E.2d 851, 43 Media L. Rep. (BNA) 1524, 2015 Ga. LEXIS 200

Snippet: from the scope of our stalking law. See OCGA § 16-5-92 (“The provisions of Code Sections 16-5-90 and 16-5-91