Georgia Code
Article 2 - Justification and Excuse
§ 16-3-23. Use of Force in Defense of Habitation

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other’s unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
History. Laws 1833, Cobb’s 1851 Digest, p. 785; Code 1863, § 4229; Code 1868, § 4266; Code 1873, § 4332; Code 1882, § 4332; Penal Code 1895, § 72; Penal Code 1910, § 72; Code 1933, § 26-1013; Code 1933, § 26-903, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2001, p. 1247, § 2.
Cross references.
Criminal trespass, § 16-7-21 .
Habitation and personal property defined, § 16-3-24.1 .
Immunity from civil liability for using force in defense of habitation, § 51-11-9.
Law reviews.
For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004).
For annual survey on criminal law, see 61 Mercer L. Rev. 79 (2009).
For article with annual survey on criminal law, see 73 Mercer L. Rev. 75 (2021).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. (2001).
For note, “Cops or Robbers? How Georgia’s Defense of Habitation Statute Applies to No-Knock Raids by Police,” see 26 Ga. St. U.L. Rev. 585 (2010).
For article, “Vigilant or Vigilante? Procedure and Rationale for Immunity in Defense of Habitation and Defense of Property Under the Official Code of Georgia Annotated §§ 16-3-23 , 16-3-24 , 16-3-24.1 , and 16-3-24 .2,” see 59 Mercer L. Rev. 629 (2008).

Structure Georgia Code