---
title: O.C.G.A. § 24-8-827. Statements of mentally incapacitated persons age 17 or older.
collection: code
id: 24-8-827
cite_as: O.C.G.A. § 24-8-827 (2025)
canonical_url: https://georgiacommons.org/code/24-8-827
md_url: https://georgiacommons.org/code/24-8-827.md
text_url: https://georgiacommons.org/code/24-8-827/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-ch8-14-(v20a)-pdf.pdf?sfvrsn=f5aba44f_0#page=11
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/24-8.md
previous: https://georgiacommons.org/code/24-8-826.md
next: https://georgiacommons.org/code/24-9-901.md
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: EVIDENCE / HEARSAY / ADMISSIONS AND CONFESSIONS
---

# O.C.G.A. § 24-8-827. Statements of mentally incapacitated persons age 17 or older.

(a) As used in this Code section, the term “mentally incapacitated” means a mental impairment that substantially affects a person’s ability to provide personal protection; provide necessities, including, but not limited to, food, shelter, clothing, medical, or other healthcare; carry out the activities of daily living; or manage his or her resources.

(b) A statement made by a person who is 17 years of age or older who is mentally incapacitated that describes any act of nonconsensual sexual contact or any act of physical abuse performed with or on such mentally incapacitated person by another, or with or on another in the presence of such mentally incapacitated person, shall be admissible in evidence by the testimony of the person to whom such statement was made if the proponent of such statement provides pretrial notice to the adverse party of the intention to use such out-of-court statement and if such mentally incapacitated person testifies at the trial, unless the adverse party forfeits or waives such person’s testimony as provided in this title, and, at the time of the testimony regarding such out-of-court statement, the person to whom the mentally incapacitated person made such statement is subject to cross-examination regarding the out-of-court statement.

## History

Code 1981, § 24-8-827, enacted by Ga. L. 2024, p. 399, § 1/HB 218, effective July 1, 2024.

## Cross References

Aggravated sexual battery and consent, § 16-6-22.2.

## Effective Date

This Code section became effective July 1, 2024.