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Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 10. ABANDONMENT OF CHILD OR SPOUSE

19-10-2. Abandonment of dependent pregnant wife; criminal penalties; continuing offense.

Active

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

  1. (a)

    A wife who is pregnant with her husband’s child shall be deemed to be in a dependent condition when her husband does not furnish her sufficient food, clothing, or medical treatment to meet her needs, both before and immediately upon the birth of the child.#

  2. (b)

    Any husband who willfully and voluntarily abandons his wife, while she is pregnant with his child, leaving her in a dependent condition, shall be guilty of a misdemeanor.#

  3. (c)

    Any husband who willfully and voluntarily abandons his wife while she is pregnant with his child and leaves the jurisdiction of this state shall be guilty of a felony punishable by imprisonment for not less than one year nor more than three years. The felony shall be reducible to a misdemeanor.#

  4. (d)

    For purposes of this Code section, a husband shall not be deemed to have abandoned his wife willfully and voluntarily unless he has actual knowledge of her pregnant condition.#

  5. (e)

    The offense of abandonment as set forth in this Code section is a continuing offense.#

  6. (f)

    The wife shall be competent to be a witness against her husband in any proceedings or cases brought against the husband for abandonment as set forth in this Code section.#

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, § 74-9903, enacted by Ga. L. 1964, p. 224, § 1.

Cross references

Husband and wife as witnesses for and against each other in criminal proceedings, § 24-5-503.

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 t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, pages 1106 to 1107; merge action: carried; file SHA-256 eddc877da9f2.

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O.C.G.A. § 19-10-2. Abandonment of dependent pregnant wife; criminal penalties; continuing offense. | Georgia Commons