Georgia Code
Article 2 - Assault and Battery
§ 16-5-21. Aggravated Assault

History. Laws 1833, Cobb’s 1851 Digest, pp. 787-789; Laws 1840, Cobb’s 1851 Digest, p. 788.; Code 1863, §§ 4250, 4258, 4259, 4260; Ga. L. 1866, p. 151, § 1; Code 1868, §§ 4285, 4293, 4294, 4295; Code 1873, §§ 4351, 4359, 4360, 4361; Code 1882, §§ 4351, 4359, 4360, 4361; Penal Code 1895, §§ 97, 98, 99, 100; Penal Code 1910, §§ 97, 98, 99, 100; Code 1933, §§ 26-1403, 26-1404, 26-1405, 26-1406; Code 1933, § 26-1302, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 543, § 1; Ga. L. 1982, p. 1242, § 2; Ga. L. 1984, p. 900, § 1; Ga. L. 1985, p. 628, § 1; Ga. L. 1991, p. 971, §§ 3, 4; Ga. L. 1994, p. 1012, § 8; Ga. L. 1994, p. 1920, §§ 1, 2; Ga. L. 1996, p. 988, § 1; Ga. L. 1997, p. 1453, § 1; Ga. L. 1999, p. 381, § 3; Ga. L. 2000, p. 1626, § 1; Ga. L. 2003, p. 140, § 16; Ga. L. 2004, p. 1072, § 1; Ga. L. 2006, p. 379, § 4/HB 1059; Ga. L. 2010, p. 999, § 1/HB 1002; Ga. L. 2011, p. 752, § 16/HB 142; Ga. L. 2014, p. 432, § 2-2/HB 826; Ga. L. 2014, p. 441, § 1/HB 911; Ga. L. 2014, p. 599, § 3-1/HB 60; Ga. L. 2015, p. 422, § 5-19/HB 310; Ga. L. 2016, p. 582, § 1/HB 979; Ga. L. 2017, p. 500, § 3-2/SB 160.
The 2017 amendment, effective July 1, 2017, deleted subsection (a), which read: “As used in this Code section, the term ‘strangulation’ means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person.”; redesignated former subsections (b) and (c) as present subsections (a) and (b), respectively; substituted “subsections (c) through (k)” for “subsections (d) through (n)” in subsection (b); redesignated former subsections (d) and (e) as present subsections (c) and (d), respectively; rewrote present subsection (c); deleted former subsection (f), relating to defining the term “correctional officer”; redesignated former subsection (g) as present subsection (e); deleted the second sentence of subsection (e), which read: “For purposes of this Code section, ‘public transit vehicle’ has the same meaning as in subsection (c) of Code Section 16-5-20.”; redesignated former subsections (h) and (i) as present subsections (f) and (g), respectively; in subsection (g), substituted “Except as provided in subsection (c) of this Code section, a” for “A” at the beginning, and substituted “subsection (a)” for “subsection (b)” in the middle; redesignated former subsections (j) through (m) as present subsections (h) through (k), respectively; deleted the former second sentence in subsection (k), which read: “As used in this subsection, the term ‘officer of the court’ means a judge, attorney, clerk of court, deputy clerk of court, court reporter, court interpreter, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42.”; and deleted former subsection (n), which read: “A person who knowingly commits the offense of aggravated assault upon an emergency health worker while the worker is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term ‘emergency health worker” means hospital emergency department personnel and emergency medical services personnel.”.
Cross references.
Indemnification program for law enforcement officers, firefighters, and prison guards killed or injured on duty, § 45-9-80 et seq.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1994, since both Ga. L. 1994, p. 1012 and p. 1920 enacted a new subsection (g), the amendment by Ga. L. 1994, p. 1012 has been redesignated as subsection (h).
Editor’s notes.
Ga. L. 1994, p. 1012, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the “School Safety and Juvenile Justice Reform Act of 1994.”
Ga. L. 1994, p. 1012, § 2, not codified by the General Assembly, sets forth legislative findings and determinations for the “School Safety and Juvenile Justice Reform Act of 1994.”
Ga. L. 1994, p. 1012, § 29, not codified by the General Assembly, provides for severability.
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. 2006, p. 379, § 1/HB 1059, not codified by the General Assembly, provides that: “The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
“(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space;
“(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;
“(3) Providing for community and public notification concerning the presence of sexual offenders;
“(4) Collecting data relative to sexual offenses and sexual offenders;
“(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and
“(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer.
“The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender’s presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender.”
Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: “The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.”
Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Safe Carry Protection Act.’ ”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.
Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Back the Badge Act of 2017.’ ”
Law reviews.
For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).
For article, “Criminal Law,” see 53 Mercer L. Rev. 209 (2001).
For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).
For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008).
For annual survey on death penalty law, see 61 Mercer L. Rev. 99 (2009).
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 89 (2017).
For annual survey of criminal law, see 71 Mercer L. Rev. 967 (2020).
For note contrasting assault with intent and attempt in food poisoning cases, see 25 Ga. St. B. J. 199 (1962).
For note on the 1994 amendment of this Code section, see 11 Ga. St. U. L. Rev. 110 (1994).
For review of 1996 children and youth services legislation, see 13 Ga. St. U. L. Rev. 314 (1996).