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Official Code of Georgia Annotated

Title 51. TORTS · Chapter 11. DEFENSES TO TORT ACTIONS · Article 1. GENERAL PROVISIONS

51-11-9. No duty to retreat and immunity in certain instances of threat or use of force.

Active

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

  1. A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-20, relating to justification as a defense, Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, or Code Section 17-4-20, relating to arrests and use of force by law enforcement officers, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.

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 1981, § 51-11-9, enacted by Ga. L. 1986, p. 515, § 1; Ga. L. 2006, p. 477, § 3/SB 396; Ga. L. 2024, p. 543, § 2/SB 517, effective May 2, 2024.

Amendments

The 2024 amendment, effective May 2, 2024, inserted “Code Section 16-3-20, relating to justification as a defense,”, deleted “or” preceding “Code Section 16-3-24”, and inserted “or Code Section 17-4-20, relating to arrests and use of force by law enforcement officers,”. See Editor’s notes for applicability.

Editor's notes

Ga. L. 2024, p. 543, § 3/SB 517, not codified by the General Assembly, makes this Code section applicable to all offenses committed and causes of action accruing on or after May 2, 2024.

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

Text read from t51-(v39)-pdf.pdf, Volume V39, 2017 edition, 2025 supplement, page 81; merge action: replaced; file SHA-256 9104a04c683d.

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