Georgia Code
Article 2 - Assault and Battery
§ 16-5-23. Simple Battery

History. Laws 1833, Cobb’s 1851 Digest, p. 788.; Code 1863, § 4262; Code 1868, § 4297; Code 1873, § 4363; Code 1882, § 4363; Penal Code 1895, § 102; Penal Code 1910, § 102; Code 1933, § 26-1408; Code 1933, § 26-1304, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1987, p. 557, § 1; Ga. L. 1991, p. 971, §§ 5, 6; Ga. L. 1992, p. 2055, § 1; Ga. L. 1993, p. 91, § 16; Ga. L. 1997, p. 907, § 1; Ga. L. 1999, p. 381, § 4; Ga. L. 1999, p. 562, § 3; Ga. L. 2000, p. 16, § 1; Ga. L. 2004, p. 621, § 2; Ga. L. 2005, p. 60, § 16/HB 95; Ga. L. 2011, p. 227, § 3/SB 178; Ga. L. 2015, p. 203, § 3-2/SB 72; Ga. L. 2021, p. 384, § 2/HB 363.
The 2021 amendment, effective July 1, 2021, substituted “Reserved.” for the former provisions of subsection (g), which read: “A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of simple battery against a person who is admitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature.”
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, subsection (d) as added by Ga. L. 1992, p. 2066, § 1, was redesignated as subsection (e), since this Code section already had a subsection (d).
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. 2000, p. 16, § 2, not codified by the General Assembly, provides that the 2000 amendment to this Code section is applicable to offenses committed on or after July 1, 2000.
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. 2015, p. 203, § 3-1/SB 72, not codified by the General Assembly, provides that: “This part of this Act shall be known and may be cited as ‘Tanja’s Law.’ ”
Law reviews.
For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).
For article, “Gender and Justice in the Courts: A Report to the Supreme Court of Georgia by the Commission on Gender Bias in the Judicial System,” see 8 Ga. St. U.L. Rev. 539 (1992).
For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B.J. 8 (2001).
For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007).
For note on 2000 amendment of O.C.G.A. § 16-5-23 , see 17 Ga. St. U. L. Rev. 89 (2000).