§ 16-5-21. Aggravated assault

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GA ST § 16-5-21West's Code of Georgia AnnotatedTitle 16. Crimes and OffensesEffective: May 6, 2024 (Approx. 4 pages)

West's Code of Georgia Annotated

Title 16. Crimes and Offenses (Refs & Annos)

Chapter 5. Crimes Against the Person (Refs & Annos)

Article 2. Assault and Battery (Refs & Annos)

Effective: May 6, 2024

Ga. Code Ann., § 16-5-21

§ 16-5-21. Aggravated assault

Currentness

(a) A person commits the offense of aggravated assault when he or she assaults:

(1) With intent to murder, to rape, or to rob;

(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;

(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or

(4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

(b) Except as provided in subsections (c) through (m) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.

(c)(1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

(A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years and shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum;

(B) When such assault does not involve the discharge of a firearm by a person who is at least 17 years of age, and does not involve only the use of the person's body, such person shall be punished by imprisonment for not less than five nor more than 20 years and, for persons who are at least 17 years of age, shall be sentenced to a mandatory minimum term of imprisonment of three years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; or

(C) When such assault occurs only involving the use of the person's body, by imprisonment for not less than five nor more than 20 years.

(2) A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.

(3) As used in this subsection, the term “firearm” means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

(e) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

(f) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term “vehicle” includes without limitation any railcar.

(g) Except as provided in subsection (c) of this Code section, a person convicted of an offense described in paragraph (4) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.

(h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(i) If the offense of aggravated assault 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 by imprisonment for not less than three nor more than 20 years.

(j)(1) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years.

(2)(A) As used in this paragraph, the term “sexual felony” shall mean a felony conviction of:

(i) Aggravated assault with the intent to rape in violation of subsection (a) of this Code section;

(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is under 14 years of age, except by a parent;

(iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46;

(iv) Rape in violation of Code Section 16-6-1;

(v) Aggravated sodomy in violation of Code Section 16-6-2;

(vi) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;

(vii) Child molestation in violation of Code Section 16-6-4;

(viii) Aggravated child molestation in violation of Code Section 16-6-4;

(ix) Enticing a child for indecent purposes in violation of Code Section 16-6-5;

(x) Improper sexual contact by employee or agent in the first or second degree or improper sexual contact by a foster parent in the first or second degree in violation of Code Section 16-6-5.1, unless the punishment imposed was not subject to Code Section 17-10-6.2;

(xi) Incest in violation of Code Section 16-6-22;

(xii) Aggravated sexual battery in violation of Code Section 16-6-22.2; or

(xiii) Sexual exploitation of children in violation of Code Section 16-12-100.

(B) Any person having been previously convicted of a sexual felony who is convicted of the offense of aggravated assault with the intent to rape shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35. Any person convicted under this paragraph shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(k) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(l) A person who commits the offense of aggravated assault upon an emergency health worker or healthcare worker while such worker is on a hospital campus, as such term is defined in Code Section 31-54-1, to perform official duties shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

(m) Any person who commits the offense of aggravated assault upon a utility worker while such worker is acting within the course and scope of their employment or is performing official duties shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

Credits

Laws 1833, Cobb's 1851 Digest, pp. 787-789; Laws 1840, Cobb's 1851 Digest, p. 788; Laws 1866, p. 151, § 1; Laws 1968, p. 1249, § 1; Laws 1976, p. 543, § 1; Laws 1982, p. 1242, § 2; Laws 1984, p. 900, § 1; Laws 1985, p. 628, § 1; Laws 1991, p. 971, §§ 3, 4; Laws 1994, p. 1012, § 8; Laws 1994, p. 1920, §§ 1, 2; Laws 1996, p. 988, § 1; Laws 1997, p. 1453, § 1; Laws 1999, p. 381, § 3; Laws 2000, p. 1626, § 1; Laws 2003, Act 9, § 16, eff. May 14, 2003; Laws 2004, Act 793, § 1, eff. July 1, 2004; Laws 2006, Act 571, § 4, eff. July 1, 2006; Laws 2010, Act 646, § 1, eff. July 1, 2010; Laws 2011, Act 245, § 16, eff. May 13, 2011; Laws 2014, Act 575, § 2-2, eff. July 1, 2014; Laws 2014, Act 576, § 1, eff. July 1, 2014; Laws 2014, Act 604, § 3-1, eff. July 1, 2014; Laws 2015, Act 73, § 5-19, eff. July 1, 2015; Laws 2016, Act 492, § 1, eff. July 1, 2016; Laws 2017, Act 198, § 3-2, eff. July 1, 2017; Laws 2023, Act 224, § 3, eff. July 1, 2023; Laws 2023, Act 347, § 3-1, eff. May 4, 2023; Laws 2024, Act 566, § 4, eff. May 6, 2024.

Formerly Code 1863, §§ 4250, 4258, 4259, 4260; Code 1868, §§ 4285, 4293, 4294, 4295; Code 1873, §§ 4351, 4359, 4360, 4361; Code 1882, §§ 4351, 4359, 4360, 4361; Penal Code 1895, §§ 97, 98, 99, 100; Penal Code 1910, §§ 97, 98, 99, 100; Code 1933, §§ 26-1403, 26-1404, 26-1405, 26-1406; Code 1933, § 26-1302.

Ga. Code Ann., § 16-5-21, GA ST § 16-5-21

The statutes and Constitution are current through legislation passed at the 2023 Regular Session of the Georgia General Assembly. Some sections may be more current, see credits for details. The statutes are subject to changes by the Georgia Code Commission.

End of Document

§ 16-5-21. Aggravated assault | Statutes | Westlaw