---
title: O.C.G.A. § 16-5-29. Battery of an unborn child.
collection: code
id: 16-5-29
cite_as: O.C.G.A. § 16-5-29 (2025)
canonical_url: https://georgiacommons.org/code/16-5-29
md_url: https://georgiacommons.org/code/16-5-29.md
text_url: https://georgiacommons.org/code/16-5-29/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch1-6-(v14)-2019-pdf.pdf?sfvrsn=af47a366_0#page=853
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-5.md
previous: https://georgiacommons.org/code/16-5-28.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / CRIMES AGAINST THE PERSON / ASSAULT AND BATTERY
---

# O.C.G.A. § 16-5-29. Battery of an unborn child.

(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.

(b) A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child.

(c) A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor.

(d) Nothing in this Code section shall be construed to permit the prosecution of:

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

(3) Any woman with respect to her unborn child.

## History

Code 1981, § 16-5-29, 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. 37 (2006).