Georgia Code
Article 2 - Assault and Battery
§ 16-5-24. Aggravated Battery

History. Laws 1833, Cobb’s 1851 Digest, pp. 786, 787.; Code 1863, § 4238; Code 1868, § 4273; Code 1873, § 4339; Code 1882, § 4339; Penal Code 1895, § 83; Penal Code 1910, § 83; Code 1933, § 26-1201; Code 1933, § 26-1305, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 543, § 2; Ga. L. 1982, p. 3, § 16; Ga. L. 1984, p. 900, § 2; Ga. L. 1985, p. 628, § 2; Ga. L. 1991, p. 971, §§ 9, 10; Ga. L. 1994, p. 1012, § 9; Ga. L. 1996, p. 988, § 2; Ga. L. 1997, p. 1453, § 1; Ga. L. 1999, p. 381, § 5; Ga. L. 2000, p. 1626, § 2; Ga. L. 2003, p. 140, § 16; Ga. L. 2014, p. 432, § 2-3/HB 826; Ga. L. 2014, p. 599, § 3-2/HB 60; Ga. L. 2016, p. 582, § 2/HB 979; Ga. L. 2017, p. 500, § 3-3/SB 160.
The 2017 amendment, effective July 1, 2017, substituted “subsections (c) through (g)” for “subsections (c) through (i)” in subsection (b); designated the existing provisions of subsection (c) as paragraph (c)(1); in paragraph (c)(1), substituted “public safety officer while the public safety officer” for “peace officer while the officer” near the middle, added the proviso at the end; added paragraph (c)(2); deleted former subsection (e), which read: “(1) As used in this subsection, the term ‘correctional officer’ shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term ‘correctional officer’ shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.”
“(2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer 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 ten nor more than 20 years.”; redesignated former subsection (f) as present subsection (e); deleted the second sentence in present 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 (g) and (h) as present subsections (f) and (g), respectively; and deleted former subsection (i), which read: “A person who knowingly commits the offense of aggravated battery 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.
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. 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. 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 article surveying developments in Georgia constitutional law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 51 (1981).
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For review of 1996 children and youth services legislation, see 13 Ga. St. U. L. Rev. 314 (1996).