2025 Georgia Codes – Page 34

16-5-73

Drugs - Child at meth manufacture

Meth manufacture - Child present duringPermitting a child’s presence during methamphetamine manufacture

(a) As used in this Code section, the term:
(1) “Chemical substance” means anhydrous ammonia, as defined in Code Section 16-11-111; ephedrine,
pseudoephedrine, or phenylpropanolamine, as those terms are defined in Code Section 16-13-30.3; or any
other chemical used in the manufacture of methamphetamine.
(2) “Child” means any individual who is under the age of 18 years.
(3) “Intent to manufacture” means but is not limited to the intent to manufacture methamphetamine, which
may be demonstrated by a chemical substance’s usage, quantity, or manner or method of storage, including
but not limited to storing it in proximity to another chemical substance or equipment used to manufacture
methamphetamine.
(4) “Methamphetamine” means methamphetamine, amphetamine, or any mixture containing either metham-
phetamine or amphetamine, as described in Code Section 16-13-26.
(5) “Serious injury” means an injury involving a broken bone, the loss of a member of the body, the loss of
use of a member of the body, the substantial disfigurement of the body or of a member of the body, or an
injury which is life threatening.
(b)(1) Any person who intentionally causes or permits a child to be present where any person is manufactur-
ing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine
shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than
two nor more than 15 years.
(2) Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a
result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by impris-
onment for not less than five nor more than 20 years.

16-5-80

Feticide

(a) For the purposes of this Code section, the term “unborn child” means a member of the species homo sapi-
ens at any stage of development who is carried in the womb.
(b) A person commits the offense of feticide if he or she willfully and without legal justification causes the
death of an unborn child by any injury to the mother of such child, which would be murder if it resulted in
the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn
child.
(c) A person convicted of the offense of feticide shall be punished by imprisonment for life.
(d) A person commits the offense of voluntary manslaughter of an unborn child when such person causes the
death of an unborn child under circumstances which would otherwise be feticide and if such person 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; provided, however, that, 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
feticide.
(e) A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony
and shall be punished by imprisonment for not less than one nor more than 20 years.
(f) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person
authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) Any person for any medical treatment of the pregnant woman or her unborn child; or
(3) Any woman with respect to her unborn child.

16-5-90

Stalking