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2018 Georgia Code 52-7-12.2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 52-7-12.2 Case Law from Google Scholar Amendments to OCGA 52-7-12.2

TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 7. Registration, Operation, and Sale of Watercraft, 52-7-1 through 52-7-77.

ARTICLE 1 GENERAL PROVISIONS

52-7-12.2. Homicide by vessel.

  1. Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the first degree. A person convicted under this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than three years nor more than 15 years.
  2. Any operator of a vessel who, without malice aforethought, causes a collision or accident which causes the death of another person and leaves the scene of the collision or accident in violation of subsection (a) of Code Section 52-7-14 commits the offense of homicide by vessel in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
  3. Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3.

(Code 1981, §52-7-12.2, enacted by Ga. L. 1995, p. 236, § 2; Ga. L. 2008, p. 1164, § 4/SB 529.)

Editor's notes.

- Ga. L. 2008, p. 1164, § 6, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses committed on or after July 1, 2008.

Cases Citing O.C.G.A. § 52-7-12.2

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State v. Jackson, 697 S.E.2d 757 (Ga. 2010).

Cited 173 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 646, 2010 Fulton County D. Rep. 2574

...without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-26 commits the offense of homicide by interference with an official traffic-control device or railroad sign or signal...."); § 52-7-12.2(a) (" Any person who, without malice aforethought, causes the death of another person through the violation of [various code sections] commits the offense of homicide by vessel in the first degree."), (b) (" Any operator of a vessel who,...