O.C.G.A.
O.C.G.A.

O.C.G.A. § 52-7-12.3 (2019)

Feticide 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) 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.

(b)(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.

(c)(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.

History

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.

WATERS OF STATE, PORTS & WATERCRAFT

Annotations

Editor’s notes. - Ga. L. 2006, p. 643, § 5/SB 77, 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/SB 529, not codified by the General Assembly, pro-

vides that the amendment to this Code section shall apply to all offenses committed on or after July 1, 2008.

Law reviews. - For article on the 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.

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: State v. Jackson, 697 S.E.2d 757 (Ga. 2010).
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State v. Jackson, 697 S.E.2d 757 (Ga. 2010). · cites it 2× “”), (c) (“Any person who causes the death of another person, without an intention to do so, by violating any [other] provision of this title ... commits the [misdemeanor] offense of homicide by vessel in the second degree when such violation is the cause of said death”)-, §…”
— 52-7-12.3(b)(1) — 1 case
State v. Jackson, 697 S.E.2d 757 (Ga. 2010). “”), (c) (“Any person who causes the death of another person, without an intention to do so, by violating any [other] provision of this title ... commits the [misdemeanor] offense of homicide by vessel in the second degree when such violation is the cause of said death”)-, §…”
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.