Weapons Related Georgia CodeFound In LexisNexis by searching for "16-1-3" or in the TOC under:|
Title 16 - CRIMES AND OFFENSES
Chapter 1 - GENERAL PROVISIONS
The code sections are all Copyright © by The State of Georgia
O.C.G.A. § 16-1-3
As used in this title, the term:
(1) "Affirmative defense" means, with respect
to any affirmative defense authorized in this title, unless the state's evidence
raises the issue invoking the alleged defense, the defendant must present
evidence thereon to raise the issue. The enumeration in this title of some
affirmative defenses shall not be construed as excluding the existence of
(2) "Agency" means:
(A) When used with respect to the state
government, any department, commission, committee, authority, board, or bureau
(B) When used with respect to any
political subdivision of the state government, any department, commission,
committee, authority, board, or bureau thereof.
(3) "Another" means a person or persons other
than the accused.
(4) "Conviction" includes a final judgment of
conviction entered upon a verdict or finding of guilty of a crime or upon a plea
(5) "Felony" means a crime punishable by death,
by imprisonment for life, or by imprisonment for more than 12 months.
(6) "Forcible felony" means any felony which
involves the use or threat of physical force or violence against any person.
(7) "Forcible misdemeanor" means any
misdemeanor which involves the use or threat of physical force or violence
against any person.
(8) "Government" means the United States, the
state, any political subdivision thereof, or any agency of the foregoing.
(9) "Misdemeanor" and "misdemeanor of a
high and aggravated nature" mean any crime other than a felony.
(10) "Owner" means a person who has a right to
possession of property which is superior to that of a person who takes, uses,
obtains, or withholds it from him and which the person taking, using, obtaining,
or withholding is not privileged to infringe.
(11) "Peace officer" means any person who by
virtue of his office or public employment is vested by law with a duty to
maintain public order or to make arrests for offenses, whether that duty extends
to all crimes or is limited to specific offenses.
(12) "Person" means an individual, a public or
private corporation, an incorporated association, government, government agency,
partnership, or unincorporated association.
(13) "Property" means anything of value,
including but not limited to real estate, tangible and intangible personal
property, contract rights, services, choses in action, and other interests in or
claims to wealth, admission or transportation tickets, captured or domestic
animals, food and drink, and electric or other power.
(14) "Prosecution" means all legal proceedings
by which a person's liability for a crime is determined, commencing with the
return of the indictment or the filing of the accusation, and including the
final disposition of the case upon appeal.
(15) "Public place" means any place where the
conduct involved may reasonably be expected to be viewed by people other than
members of the actor's family or household.
(16) "Reasonable belief" means that the person
concerned, acting as a reasonable man, believes that the described facts exist.
(17) "State" means the State of Georgia, all
land and water in respect to which this state has either exclusive or concurrent
jurisdiction, and the airspace above such land and water.
(18) "Without authority" means without legal
right or privilege or without permission of a person legally entitled to
withhold the right.
(19) "Without his consent" means that a person
whose concurrence is required has not, with knowledge of the essential facts,
voluntarily yielded to the proposal of the accused or of another.
HISTORY: Laws 1833, Cobb's 1851 Digest, p. 780; Code 1863, § 6; Code 1868, § 5; Code 1873, § 5; Code 1882, § 5; Penal Code 1895, § 2; Penal Code 1910, § 2; Code 1933, § 26-101; Code 1933, § 26-401, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1970, p. 236, § 1; Ga. L. 1973, p. 292, § 3; Ga. L. 1982, p. 3, § 16.