2025 Georgia Codes – Page 24

Amended 2024
(a) A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
(b) Except as provided in subsections (c) through (j) of this Code section, a person convicted of the offense of
simple battery shall be punished as for a misdemeanor.
(c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or
against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature.
(d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon
conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this
Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.
(e) Any person who commits the offense of simple battery against a police officer, correction officer, or deten-
tion officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misde-
meanor of a high and aggravated nature.
(f) If the offense of simple battery is committed between past or present spouses, persons who are parents of
the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other
persons excluding siblings living or formerly living in the same household, the defendant shall be punished
for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to cor-
poral punishment administered by a parent or guardian to a child or administered by a person acting in loco
parentis.
(g) Reserved.
(h) Any person who commits the offense of simple battery against a sports official while such sports official is
officiating an amateur contest or while such sports official is on or exiting the property where he or she will
officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature. For the purposes of this Code section, the term “sports offi-
cial” means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary
or secondary school, or recreational level.
(i) Any person who commits the offense of simple battery against an employee of a public school system of
this state while such employee is engaged in official duties or on school property shall, upon conviction of
such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code sec-
tion, “school property” shall include public school buses and stops for public school buses as designated by
local school boards of education.
(j) Any person who commits the offense of simple battery upon a utility worker while such worker is acting
within the course and scope of their employment or is performing official duties at the time of the offense
shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Amended 2024
(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or
visible bodily harm to another.
(b) As used in this Code section, the term “visible bodily harm” means bodily harm capable of being per-
ceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes,
substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d) through (l) of this Code section, a person who commits the offense
of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by
imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both.
The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed,
or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours
of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and
the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing
evidence that imposition of the minimum sentence would either create an undue hardship upon the defen-
dant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of
a felony and shall be punished by imprisonment for not less than one nor more than five years. The mini-
mum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed
pursuant to this subsection.
(f)(1) As used in this subsection, the term “household member” means past or present spouses, persons who
are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster
children, or other persons living or formerly living in the same household.
(2) If the offense of battery is committed between household members, it shall constitute the offense of fam-
ily violence battery and shall be punished as follows:
(A) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a
misdemeanor; provided, however, that if the defendant has previously been convicted of a forcible felony
committed between household members under the laws of this state, of the United States, including the
laws of its territories, possessions, or dominions, or any of the several states, or of any foreign nation
recognized by the United States, which if committed in this state would have constituted a forcible felony
committed between household members, he or she shall be guilty of a felony and shall be punished by
imprisonment for not less than one nor more than five years; and
(B) Upon a second or subsequent conviction of family violence battery against the same or another victim,
the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor
more than five years.
(3) In no event shall this subsection be applicable to reasonable corporal punishment administered by parent
to child.
(g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction
thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section,
“public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense
shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(i) Any person who commits the offense of battery against a teacher or other school personnel engaged in the
performance of official duties or while on school property shall, upon conviction thereof, be punished by
imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.
For purposes of this Code section, “school property” shall include public school buses and public school bus
stops as designated by local school boards of education.
(j) Reserved.
(k) Any person who commits the offense of battery against a sports official while such sports official is offi-
ciating an amateur contest or while such sports official is on or exiting the property where he or she will
officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature. For purposes of this Code section, the term “sports official”
means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or
secondary school, or recreational level.
(l) Any person who commits the offense of battery upon a utility worker while such worker is acting within
the course and scope of their employment or is performing official duties at the time of the offense shall,
upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.