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2018 Georgia Code 52-7-12.3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 52-7-12.3 Case Law from Google Scholar Amendments to OCGA 52-7-12.3

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

52-7-12.3. Feticide by vessel.

  1. For the purposes of this Code section, the term "unborn child" means a member of the species homo sapiens at any stage of development who is carried in the womb.
    1. A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child 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, subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) or (b) of Code Section 52-7-12.2 if it resulted in the death of such mother.
    2. A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than three years nor more than 15 years.
    1. A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child 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, which would be homicide by vessel in the second degree as provided in subsection (c) of Code Section 52-7-12.2 if it resulted in the death of such mother.
    2. A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3.

(Code 1981, §52-7-12.3, enacted by Ga. L. 1995, p. 236, § 2; Ga. L. 2006, p. 643, § 4/SB 77; Ga. L. 2008, p. 1164, § 5/SB 529.)

Editor's notes.

- Ga. L. 2006, p. 643, § 5, not codified by the General Assembly, provides that this Act shall apply to all offenses committed on or after July 1, 2006.

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.

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 37 (2006).

RESEARCH REFERENCES

ALR.

- Homicide based on killing of unborn child, 64 A.L.R.5th 671.

Cases Citing Georgia Code 52-7-12.3 From Courtlistener.com

Total Results: 1

State v. Jackson

Court: Supreme Court of Georgia | Date Filed: 2010-06-28

Citation: 697 S.E.2d 757, 287 Ga. 646, 2010 Fulton County D. Rep. 2574, 2010 Ga. LEXIS 484

Snippet: such violation is the cause of said death”)-, § 52-7-12.3 (b) (1) (“A person commits the offense of feticide