Georgia Commons

Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 5. CRIMES AGAINST THE PERSON · Article 2. ASSAULT AND BATTERY

16-5-28. Assault on an unborn child.

Active

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

  1. (a)

    For the purposes of this Code section, the term ‘‘unborn child’’ means a member of the species homo sapiens at any stage of development who is carried in the womb.#

  2. (b)

    A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child.#

  3. (c)

    Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor.#

  4. (d)

    Nothing in this Code section shall be construed to permit the prosecution of:#

    1. (1)

      Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;#

    2. (2)

      Any person for any medical treatment of the pregnant woman or her unborn child; or#

    3. (3)

      Any woman with respect to her unborn child.#

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 1981, § 16-5-28, enacted by Ga. L. 2006, p. 643, § 1/SB 77.

Editor's notes

Ga. L. 2006, p. 643, § 5/SB 77, not codified by the General Assembly, provides that the amendment by that Act shall apply to all offenses committed on or after July 1, 2006.

Law reviews

For article on 2006 enactment of this Code section, see 23 Ga. St. U. L. Rev. 27 (2006).

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 852; merge action: carried; file SHA-256 7e331f0ca7d3.

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