(d.1) A person convicted pursuant to paragraph (3) of subsection (b) of this Code section shall be punished as follows:
(1) Upon conviction of an offense which resulted in the serious injury or death of a child, without regard to whether such offense was a first, second, third, or subsequent offense, the defendant shall be guilty of a felony and shall be punished as provided in subsection (e) of this Code section;
(2) Upon conviction of an offense which does not result in the serious injury or death of a child and which is the first conviction, the defendant shall be guilty of a misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned;
History. Ga. L. 1953, Nov.-Dec. Sess., p. 321, § 1; Ga. L. 1982, p. 968, § 1; Ga. L. 1994, p. 1158, § 1; Ga. L. 1995, p. 10, § 16; Ga. L. 1996, p. 273, § 1; Ga. L. 1999, p. 232, § 1; Ga. L. 2004, p. 57, § 5; Ga. L. 2010, p. 1147, § 7/HB 1104; Ga. L. 2011, p. 470, § 3/SB 94; Ga. L. 2013, p. 294, § 4-12/HB 242; Ga. L. 2014, p. 432, § 2-7/HB 826; Ga. L. 2014, p. 599, § 3-3/HB 60.
Cross references.
Sale or purchase of alcoholic beverages to, by, or for underage persons, § 3-3-23 et seq.
Disposition by juvenile court of deprived, delinquent, or unruly child, § 15-11-34 et seq.
Editor’s notes.
Ga. L. 1996, p. 273, § 3, not codified by the General Assembly, provides for severability.
Ga. L. 2004, p. 57, § 6, not codified by the General Assembly, provides that the amendment by that Act shall apply to all crimes which occur on or after July 1, 2004.
Ga. L. 2011, p. 470, § 1/SB 94, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Runaway Youth Safety Act.’ ”
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Safe Carry Protection Act.’ ”
Law reviews.
For article, “Criminal Law,” see 53 Mercer L. Rev. 209 (2001).
For article on 2004 amendment of this Code section, see 21 Ga. St. U. L. Rev. 45 (2004).
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).
For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 117 (1994).
For review of 1996 offenses against public health and morals legislation, see 13 Ga. St. U.L. Rev. 116 (1996).
For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 81 (1999).