Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 3. DEFENSES TO CRIMINAL PROSECUTIONS · Article 2. JUSTIFICATION AND EXCUSE

16-3-24. Use of force in defense of property other than a habitation.

Active

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

(a)
A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other’s trespass on or other tortious or criminal interference with real property other than a habitation or personal property:#
1. (1)
  Lawfully in his possession;#
2. (2)
  Lawfully in the possession of a member of his immediate family; or#
3. (3)
  Belonging to a person whose property he has a legal duty to protect.#
(b)
The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.#

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, § 26-904, enacted by Ga. L. 1968, p. 1249, § 1.

Cross references

Criminal trespass, § 16-7-21. Habitation and personal property defined, § 16-3-24.1.

Law reviews

For annual survey on criminal law, see 61 Mercer L. Rev. 79 (2009). For note, ‘‘Cops or Robbers? How Georgia’s Defense of Habitation Statute Applies to No-Knock Raids by Police,’’ see 26 Ga. St. U. L. Rev. 585 (2010). For article, ‘‘Vigilant or Vigilante? Procedure and Rationale for Immunity in Defense of Habitation and Defense of Property Under the Official Code of Georgia Annotated §§ 16-3-23, 16-3-24, 16-3-24.1, and 16-3-24.2,’’ see 59 Mercer L. Rev. 629 (2008).

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, pages 321 to 322; merge action: annotated; file SHA-256 7e331f0ca7d3.

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