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    • Legislation USA
    • Georgia Code
    • Title 16 - Crimes and Offenses
    • Chapter 3 - Defenses to Criminal Prosecutions
    • Article 2 - Justification and Excuse
    • § 16-3-28. Affirmative Defenses

    Georgia Code
    Article 2 - Justification and Excuse
    § 16-3-28. Affirmative Defenses

    A defense based upon any of the provisions of this article is an affirmative defense.
    History. Code 1933, § 26-907, enacted by Ga. L. 1968, p. 1249, § 1.
    Law reviews.
    For survey article on criminal law, see 60 Mercer L. Rev. 85 (2008).
    For article, “HB 479: Repeal of Georgia’s Citizen’s Arrest Law,” see 38 Ga. St. U.L. Rev. 25 (2021).

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    Structure Georgia Code

    Georgia Code

    Title 16 - Crimes and Offenses

    Chapter 3 - Defenses to Criminal Prosecutions

    Article 2 - Justification and Excuse

    § 16-3-20. Justification

    § 16-3-21. Use of Force in Defense of Self or Others; Evidence of Belief That Force Was Necessary in Murder or Manslaughter Prosecution

    § 16-3-22. Immunity From Criminal Liability of Persons Rendering Assistance to Law Enforcement Officers

    § 16-3-22.1. Persons Who Provide Assistance to Law Enforcement Officers or the Division of Family and Children Services When the Health and Safety of Children Are Adversely Affected and Threatened

    § 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

    § 16-3-24.2. Immunity From Prosecution; Exception

    § 16-3-25. Entrapment

    § 16-3-26. Coercion

    § 16-3-27. Benefit of Clergy

    § 16-3-28. Affirmative Defenses

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