O.C.G.A.

O.C.G.A. § 52-7-12.2 (2019)

Homicide by vessel

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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.

(b) 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.

(c) 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.

History

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

Annotations

Editor’s notes. - Ga. L. 2008, p. 1164, § 6/SB 529, 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.

Notes of Decisions

Cited in 2 cases, 2002–2010 · leading case: Mitchell v. State, 565 S.E.2d 889 (Ga. Ct. App. 2002).

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Mitchell v. State, 565 S.E.2d 889 (Ga. Ct. App. 2002). · cites it 8× “A jury convicted Harry Boothe Mitchell of the following offenses: two counts of homicide by vessel in the second degree, OCGA § 52-7-12.2 (b); four counts of violating the rules of the road for boat traffic, OCGA § 52-7-18 (b), (f), (g); and one count of reckless operation of a…”

State v. Jackson, 697 S.E.2d 757 (Ga. 2010). · cites it 2× “”); § 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.”

— 52-7-12.2(a) — 1 case

State v. Jackson, 697 S.E.2d 757 (Ga. 2010). “”); § 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.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.