16-1-7. Multiple prosecutions for same conduct.

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

(a)
When the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if:#
1. (1)
  One crime is included in the other; or#
2. (2)
  The crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.#
(b)
If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c) of this Code section.#
(c)
When two or more crimes are charged as required by subsection (b) of this Code section, the court in the interest of justice may order that one or more of such charges be tried separately.#

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, § 26-506, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1982, p. 3, § 16.

Cross references

Multiple jeopardy, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVIII. Fraud generally, § 16-9-50 et seq.

Law reviews

For survey article citing developments in Georgia criminal law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 95 (1981). For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For annual survey on criminal law and procedure, see 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). For comment, ‘‘Grady v. Corbin: An Unsuccessful Effort to Define Same Offense,’’ see 25 Ga. L. Rev. 143 (1990).

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 53; merge action: annotated; file SHA-256 7e331f0ca7d3.

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