Georgia Commons

Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 2. JURISDICTION AND VENUE

17-2-1. Jurisdiction over crimes and persons charged with commission of crimes generally.

Active

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

  1. (a)

    It is the policy of this state to exercise its jurisdiction over crime and persons charged with the commission of crime to the fullest extent allowable under, and consistent with, the Constitution of this state and the Constitution of the United States.#

  2. (b)

    Pursuant to this policy, a person shall be subject to prosecution in this state for a crime which he commits, while either within or outside the state, by his own conduct or that of another for which he is legally accountable, if:#

    1. (1)

      The crime is committed either wholly or partly within the state;#

    2. (2)

      The conduct outside the state constitutes an attempt to commit a crime within the state; or#

    3. (3)

      The conduct within the state constitutes an attempt to commit in another jurisdiction a crime under the laws of both this state and the other jurisdiction.#

  3. (c)

    A crime is committed partly within this state if either the conduct which is an element of the crime or the result which is such an element occurs within the state. In homicide, the ‘‘result’’ is either the act which causes death or the death itself; and, if the body of a homicide victim is found within this state, the death is presumed to have occurred within the state.#

  4. (d)

    A crime which is based on an omission to perform a duty imposed by the law of this state is committed within the state, regardless of the location of the accused at the time of the omission.#

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, § 26-301, enacted by Ga. L. 1968, p. 1249, § 1.

Cross references

Jurisdiction of state over crimes committed aboard aircraft in flight over state, § 6-2-4. Homicide generally, § 16-5-1 et seq. Jurisdiction for crime of sexual extortion, § 16-11-92. Jurisdiction in cases involving computer pornography and child exploitation, § 16-12-100.2. Jurisdiction in and over lands acquired by United States for sites for courthouses, forts, and other purposes, § 50-2-23.

Law reviews

For article, ‘‘A Comprehensive Analysis of Georgia RICO,’’ see 9 Ga. St. U.L. Rev. 537 (1993).

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 t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, pages 26 to 27; merge action: carried; file SHA-256 0b0d45f9c609.

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