16-1-1.
This title shall be known and may be cited as the 'Criminal Code of Georgia.'

16-1-2. [ Index ]
The general purposes of this title are:
(1) To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
(2) To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction;
(3) To define that which constitutes each crime; and
(4) To prescribe penalties which are proportionate to the seriousness of crimes and which permit recognition of differences in rehabilitation possibilities among individual criminals.

16-1-3 [ Index ]
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, commission, 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 withholding 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 personal property, contract rights, services, choses in action, and other interests in or claims to wealth, admission 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, commencing 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.

16-1-4. [ Index ]
No conduct constitutes a crime unless it is described as a crime in this title or in another statute of this state. However, this Code section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree.

16-1-5. [ Index ]
Every person is presumed innocent until proved guilty. No person shall be convicted of a crime unless each element of such crime is proved beyond a reasonable doubt.

16-1-6. [ Index ]
An accused may be convicted of a crime included in a crime charged in the indictment or accusation. A crime is so included when:
(1) It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the crime charged; or
(2) It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.

16-1-7. [ Index ]
(a) When the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if:
(1) One crime is included in the other; or
(2) The crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
(b) If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c) of this Code section.
(c) When two or more crimes are charged as required by subsection (b) of this Code section, the court in the interest of justice may order that one or more of such charges be tried separately.

16-1-8. [ Index ]
(a) A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution:
(1) Resulted in either a conviction or an acquittal; or
(2) Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts or after a plea of guilty was accepted by the court.
(b) A prosecution is barred if the accused was formerly prosecuted for a different crime or for the same crime based upon different facts, if such former prosecution: :
(1) Resulted in either a conviction or an acquittal and the subsequent prosecution is for a crime of which the accused could have been convicted on the former prosecution, is for a crime with which the accused should have been charged on the former prosecution (unless the court ordered a separate trial of such charge), or is for a crime which involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution or unless the crime was not consummated when the former trial began; or
(2) Was terminated improperly and the subsequent prosecution is for a crime of which the accused could have been convicted if the former prosecution had not been terminated improperly.
(c) A prosecution is barred if the accused was formerly prosecuted in a district court of the United States for a crime which is within the concurrent jurisdiction of this state if such former prosecution resulted in either a conviction or an acquittal and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution or unless the crime was not consummated when the former trial began.
(d) A prosecution is not barred within the meaning of this Code section if:
(1) The former prosecution was before a court which lacked jurisdiction over the accused or the crime; or
(2) Subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the accused was thereby adjudged not guilty or unless there was a finding that the evidence did not authorize the verdict.
(e) Termination under any of the following circumstances is not improper:
(1) The accused consents to the termination or waives by motion to dismiss or other affirmative action his right to object to the termination; or
(2) The trial court finds that the termination is necessary because:
(A) It is physically impossible to proceed with the trial;
(B) Prejudicial conduct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant;
(C) The jury is unable to agree upon a verdict; or

(13) 'Property' means anything of value, including but not limited to real estate, tangible and intangible personal property, contract rights, services, choses in action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, and electric or other power.
means, with respect any affirmative defense authorized this title, unless the state´s evidence raises issue invoking alleged defense, defendant must present thereon raise issue. enumeration title some defenses shall be construed as excluding existence others.>
(D) False statements of a juror on voir dire prevent a fair trial.
Was terminated improperly after the jury impaneled and sworn or, in trial before court without jury, first witness but findings were rendered by trier facts or plea guilty accepted court.>
16-1-9-9. [ Index ]
This title shall govern the construction and punishment of any crime defined in this title committed on and after July 1, 1969, as well as the construction and application of any defense. This title does not apply to or govern the construction or punishment of any crime committed prior to July 1, 1969, or the construction or application of any defense. Such a crime must be construed and punished according to the law existing at the time of the commission thereof in the same manner as if this title had not been enacted.

16-1-10. [ Index ]
Any conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished as for a misdemeanor.

16-1-11. [ Index ]
The repeal, repeal and reenactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such law.