The fact that a person’s conduct is justified is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed:
History. Code 1933, § 26-901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1999, p. 81, § 16; Ga. L. 2015, p. 598, § 2-2/HB 72.
Law reviews.
For survey article on criminal law, see 60 Mercer L. Rev. 85 (2008).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).
For article, “HB 479: Repeal of Georgia’s Citizen’s Arrest Law,” see 38 Ga. St. U.L. Rev. 25 (2021).
Structure Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-23. Use of Force in Defense of Habitation
§ 16-3-23.1. No Duty to Retreat Prior to Use of Force in Self-Defense
§ 16-3-24. Use of Force in Defense of Property Other Than a Habitation
§ 16-3-24.1. Habitation and Personal Property Defined