---
title: O.C.G.A. § 42-8-35.3. Conditions of probation for stalking or aggravated stalking.
collection: code
id: 42-8-35.3
cite_as: O.C.G.A. § 42-8-35.3 (2025)
canonical_url: https://georgiacommons.org/code/42-8-35.3
md_url: https://georgiacommons.org/code/42-8-35.3.md
text_url: https://georgiacommons.org/code/42-8-35.3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t41-t42-(v29a)-2023-pdf.pdf?sfvrsn=4afea80d_0#page=451
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.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / PROBATION / STATE-WIDE PROBATION SYSTEM
---

# O.C.G.A. § 42-8-35.3. Conditions of probation for stalking or aggravated stalking.

Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 16-5-91 may impose one or more of the following conditions on such probation:

(1) Prohibit the defendant from engaging in conduct in violation of Code Section 16-5-90 or 16-5-91;

(2) Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Behavioral Health and Developmental Disabilities. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or

(3) Prohibit the defendant from entering or remaining present at the victim’s school, place of employment, or other specified places at times when the victim is present.

## History

Code 1981, § 42-8-35.3, enacted by Ga. L. 1993, p. 1534, § 4; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2015, p. 422, § 4-1/HB 310.

## Editor's Notes

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”

## Law Reviews

For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 95 (1993).

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).