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GEORGIA CODE

Copyright 2008 by The State of Georgia


All rights reserved.

*** Current through the 2008 Regular Session ***

TITLE 16. CRIMES AND OFFENSES


CHAPTER 5. CRIMES AGAINST THE PERSON
ARTICLE 1. HOMICIDE

O.C.G.A. § 16-5-1 (2008)

§ 16-5-1. Murder; felony murder

(a) A person commits the offense of murder when he unlawfully and with malice
aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human
being which is manifested by external circumstances capable of proof. Malice shall be
implied where no considerable provocation appears and where all the circumstances of the
killing show an abandoned and malignant heart.

c) A person also commits the offense of murder when, in the commission of a felony, he
causes the death of another human being irrespective of malice.

(d) A person convicted of the offense of murder shall be punished by death or by


imprisonment for life.

TITLE 16. CRIMES AND OFFENSES


CHAPTER 4. CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION

O.C.G.A. § 16-4-8 (2008)

§ 16-4-8. Conspiracy to commit a crime

A person commits the offense of conspiracy to commit a crime when he together with one
or more persons conspires to commit any crime and any one or more of such persons does
any overt act to effect the object of the conspiracy. A person convicted of the offense of
criminal conspiracy to commit a felony shall be punished by imprisonment for not less than
one year nor more than one-half the maximum period of time for which he could have been
sentenced if he had been convicted of the crime conspired to have been committed, by one-
half the maximum fine to which he could have been subjected if he had been convicted of
such crime, or both. A person convicted of the offense of criminal conspiracy to commit a
misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of
criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be
punished by imprisonment for not less than one year nor more than ten years.
TITLE 16. CRIMES AND OFFENSES
CHAPTER 4. CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION

O.C.G.A. § 16-4-8.1 (2008)

§ 16-4-8.1. Conviction of conspiracy even if crime completed.

A person may be convicted of the offense of conspiracy to commit a crime, as defined in


Code Section 16-4-8, even if the crime which was the objective of the conspiracy was
actually committed or completed in pursuance of the conspiracy, but such person may not
be convicted of both conspiracy to commit a crime and the completed crime.

TITLE 16. CRIMES AND OFFENSES


CHAPTER 5. CRIMES AGAINST THE PERSON
ARTICLE 1. HOMICIDE

O.C.G.A. § 16-5-2 (2008)

§ 16-5-2. Voluntary manslaughter

(a) A person commits the offense of voluntary manslaughter when he causes the death of
another human being under circumstances which would otherwise be murder and if he acts
solely as the result of a sudden, violent, and irresistible passion resulting from serious
provocation sufficient to excite such passion in a reasonable person; however, if there
should have been an interval between the provocation and the killing sufficient for the voice
of reason and humanity to be heard, of which the jury in all cases shall be the judge, the
killing shall be attributed to deliberate revenge and be punished as murder.

(b) A person who commits the offense of voluntary manslaughter, upon conviction thereof,
shall be punished by imprisonment for not less than one nor more than 20 years.