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2018 Georgia Code 4-8-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 4-8-5 Case Law from Google Scholar Amendments to OCGA 4-8-5

TITLE 4 ANIMALS

Section 8. Dogs, 4-8-1 through 4-8-45.

ARTICLE 1 GENERAL PROVISIONS

4-8-5. Cruelty to dogs; authorized killing of dogs.

  1. No person shall perform a cruel act on any dog; nor shall any person harm, maim, or kill any dog, or attempt to do so, except that a person may:
    1. Defend his or her person or property, or the person or property of another, from injury or damage being caused by a dog; or
    2. Kill any dog causing injury or damage to any livestock, poultry, or pet animal.
  2. The method used for killing the dog shall be designed to be as humane as is possible under the circumstances. A person who humanely kills a dog under the circumstances indicated in subsection (a) of this Code section shall incur no liability for such death.
  3. This Code section shall not be construed to limit in any way the authority or duty of any law enforcement officer, dog or rabies control officer, humane society, or veterinarian.

(Ga. L. 1969, p. 831, § 5; Ga. L. 2012, p. 1290, § 3/HB 685.)

The 2012 amendment, effective July 1, 2012, inserted "or her" in paragraph (a)(1) and substituted "livestock, poultry, or pet animal" for "livestock or poultry" in paragraph (a)(2). See the editor's note for applicability.

Cross references.

- Destroying or injuring police dog, § 16-11-107.

Cruelty to animals generally, § 16-12-4.

Duty of conservation rangers to kill dogs pursuing or killing deer, § 27-3-49.

Editor's notes.

- Ga. L. 2012, p. 1290, § 6/HB 685, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to proceedings for the classification and registration of dogs which are pending on July 1, 2012, as well as to such proceedings which arise on or after July 1, 2012.

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 180 (2012).

JUDICIAL DECISIONS

Conditions justifying killing.

- To justify extreme penalty of killing a dog in defense of self, family, or property, or person or property of another, such danger must be imminent, and a real or obviously apparent necessity must exist, and the threatened injury could not otherwise have been prevented. Readd v. State, 164 Ga. App. 97, 296 S.E.2d 402 (1982).

Cited in Spivey v. Eavenson, 150 Ga. App. 429, 258 S.E.2d 54 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, § 22 et seq.

C.J.S.

- 3B C.J.S., Animals, § 194 et seq.

ALR.

- Presence of owner as affecting liability for killing trespassing dog, 42 A.L.R. 437.

Dogs as subject of larceny, 92 A.L.R. 212.

Right of action for negligently killing or injuring dog as affected by statutes relating to dogs, 134 A.L.R. 705.

Liability for killing or injuring unlicensed or untagged dog, 145 A.L.R. 993.

Civil liability of landowner for killing or injuring trespassing dog, 15 A.L.R.2d 578.

Privilege to kill or injure nontrespassing licensed dog to defend third person from harm or attack by animal, 74 A.L.R.2d 770.

What constitutes statutory offense of cruelty to animals, 82 A.L.R.2d 794.

What constitutes offense of cruelty to animals - modern cases, 6 A.L.R.5th 733.

Damages for killing or injuring dog, 61 A.L.R.5th 635.

Cases Citing Georgia Code 4-8-5 From Courtlistener.com

Total Results: 3

MORRIS v. State

Court: Supreme Court of Georgia | Date Filed: 2021-04-05

Snippet: independent evidence, as required by former OCGA § 24-4-8. 5 Specifically, he argues that Teresa was an accomplice

Lindsey v. State

Court: Supreme Court of Georgia | Date Filed: 2014-06-16

Citation: 295 Ga. 343, 760 S.E.2d 170, 2014 Fulton County D. Rep. 1547, 2014 WL 2702697, 2014 Ga. LEXIS 500

Snippet: But, that is not so. Former OCGA § 24-4-8, 5 applicable at the time of Lindsey’s trial

Christian v. State

Court: Supreme Court of Georgia | Date Filed: 2004-04-27

Citation: 596 S.E.2d 6, 277 Ga. 775, 2004 Fulton County D. Rep. 1546, 2004 Ga. LEXIS 326

Snippet: her an accomplice within the meaning of OCGA § 24-4-8.[5] Appellant also claims the State failed to meet