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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 2. CRIMINAL LIABILITY · Article 1. CULPABILITY

16-2-1. ‘‘Crime’’ defined.

Active

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

  1. (a)

    A ‘‘crime’’ is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.#

  2. (b)

    Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.#

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

Laws 1833, Cobb’s 1851 Digest, p. 779; Code 1863, § 4188; Code 1868, § 4227; Code 1873, § 4292; Code 1882, § 4292; Penal Code 1895, § 31; Penal Code 1910, § 31; Code 1933, § 26-201; Code 1933, § 26-601, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2004, p. 57, § 2.

Editor's notes

Ga. L. 2004, p. 57, § 6, not codified by the General Assembly, provides that the amendment by that Act shall apply to all crimes which occur on or after July 1, 2004.

Law reviews

For article on 2004 amendment of this Code section, see 21 Ga. St. U. L. Rev. 45 (2004). For note, ‘‘I Tolled You I Had More Time!: The Future of Tolling Looks Bright for Crime Victims, as the Georgia Court of Appeals Establishes New Meaning of O.C.G.A. § 9-3-99,’’ see 68 Mercer L. Rev. 557 (2017).

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