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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 1. GENERAL PROVISIONS

16-1-6. Conviction for lesser included offenses.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. An accused may be convicted of a crime included in a crime charged in the indictment or accusation. A crime is so included when:

  2. (1)

    It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the crime charged; or#

  3. (2)

    It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 26-505, enacted by Ga. L. 1968, p. 1249, § 1.

Law reviews

For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For annual survey on criminal law and procedure, 42 Mercer L. Rev. 141 (1990). For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B. J. 124 (1970).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-2019-pdf.pdf, Volume V14, 2019 edition, page 19; merge action: annotated; file SHA-256 7e331f0ca7d3.