For the purposes of this subsection, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.
History. Laws 1833, Cobb’s 1851 Digest, p. 787; Code 1863, §§ 4256, 4257; Code 1868, §§ 4291, 4292; Code 1873, §§ 4357, 4358; Code 1882, §§ 4357, 4358; Penal Code 1895, §§ 95, 96; Penal Code 1910, §§ 95, 96; Code 1933, §§ 26-1401, 26-1402; Code 1933, § 26-1301, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1991, p. 971, §§ 1, 2; Ga. L. 1999, p. 381, § 2; Ga. L. 1999, p. 562, § 2; Ga. L. 2004, p. 621, § 1; Ga. L. 2005, p. 60, § 16/HB 95; Ga. L. 2006, p. 643, § 1/SB 77; Ga. L. 2021, p. 384, § 1/HB 363.
The 2021 amendment, effective July 1, 2021, substituted “Reserved.” for the former provisions of subsection (e), which read: “Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.”
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1999, “subsections (c), (d), and (e)” was substituted for “subsections (c) and (d)” in subsection (b), and subsection (d) as enacted by Ga. L. 1999, p. 562, § 2, was redesignated as subsection (e).
Editor’s notes.
Ga. L. 1999, p. 381, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Crimes Against Family Members Act of 1999’.”
Ga. L. 1999, p. 381, § 7, not codified by the General Assembly, provides that: “Nothing herein shall be construed to validate a relationship between people of the same sex as a ‘marriage’ under the laws of this State.”
Ga. L. 1999, p. 562, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Crimes Against Elderly Act of 1999’.”
Ga. L. 2004, p. 621, § 9(b), not codified by the General Assembly, provides that the amendment by that Act shall apply to offenses committed on or after July 1, 2004.
Ga. L. 2006, p. 643, § 5, not codified by the General Assembly, provides that the amendment by that Act shall apply to all offenses committed on or after July 1, 2006.
Law reviews.
For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).
For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B.J. 8 (2001).
For article on 2006 amendment of this Code section, see 23 Georgia. St. U. L. Rev. 37 (2006).
For note on 1999 amendments to Code sections in this article, see 16 Georgia. St. U. L. Rev. 72 (1999).
Structure Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 2 - Assault and Battery
§ 16-5-22. Conviction of Assault With Intent to Commit a Crime if Intended Crime Actually Committed
§ 16-5-25. Opprobrious or Abusive Language as Justification for Simple Assault or Simple Battery
§ 16-5-27. Female Genital Mutilation