2025 Georgia Codes – Page 9

As used in this title, the term:
(1) “Affirmative defense” means, with respect to any affirmative defense authorized in this title, unless the
state’s evidence raises the issue invoking the alleged defense, the defendant must present evidence thereon to
raise the issue. The enumeration in this title of some affirmative defenses shall not be construed as excluding
the existence of others.
(2) “Agency” means:
(A) When used with respect to the state government, any department, commission, committee, authority,
board, or bureau thereof; and
(B) When used with respect to any political subdivision of the state government, any department, commis-
sion, committee, authority, board, or bureau thereof.
(3) “Another” means a person or persons other than the accused.
(4) “Conviction” includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime
or upon a plea of guilty.
(5) “Felony” means a crime punishable by death, by imprisonment for life, or by imprisonment for more than
12 months.
(6) “Forcible felony” means any felony which involves the use or threat of physical force or violence against
any person.
(7) “Forcible misdemeanor” means any misdemeanor which involves the use or threat of physical force or
violence against any person.
(8) “Government” means the United States, the state, any political subdivision thereof, or any agency of the
foregoing.
(9) “Misdemeanor” and “misdemeanor of a high and aggravated nature” mean any crime other than a felony.
(10) “Owner” means a person who has a right to possession of property which is superior to that of a person
who takes, uses, obtains, or withholds it from him and which the person taking, using, obtaining, or with-
holding is not privileged to infringe.
(11) “Peace officer” means any person who by virtue of his office or public employment is vested by law with
a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is
limited to specific offenses.
(12) “Person” means an individual, a public or private corporation, an incorporated association, government,
government agency, partnership, or unincorporated association.
(13) “Property” means anything of value, including but not limited to real estate, tangible and intangible per-
sonal property, contract rights, services, choses in action, and other interests in or claims to wealth, admis-
sion or transportation tickets, captured or domestic animals, food and drink, and electric or other power.
(14) “Prosecution” means all legal proceedings by which a person’s liability for a crime is determined, com-
mencing with the return of the indictment or the filing of the accusation, and including the final disposition
of the case upon appeal.
(15) “Public place” means any place where the conduct involved may reasonably be expected to be viewed
by people other than members of the actor’s family or household.
(16) “Reasonable belief” means that the person concerned, acting as a reasonable man, believes that the
described facts exist.
(17) “State” means the State of Georgia, all land and water in respect to which this state has either exclusive
or concurrent jurisdiction, and the airspace above such land and water.
(18) “Without authority” means without legal right or privilege or without permission of a person legally
entitled to withhold the right.
(19) “Without his consent” means that a person whose concurrence is required has not, with knowledge of the
essential facts, voluntarily yielded to the proposal of the accused or of another.
Chapter 2
Criminal Liability

(a) A “crime” is a violation of a statute of this state in which there is a joint operation of an act or omission to
act and intention or criminal negligence.
(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard
for the safety of others who might reasonably be expected to be injured thereby.