Official Code of Georgia Annotated (O.C.G.A)
Title 16 – Crimes and Offenses
Chapter 3 – Defenses to Criminal Prosecutions
Article 2 – Justification and Excuse


Georgia Code § 16-3-20 – Justification

  • The fact that a person’s conduct is justified is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed:
    • (1) When the person’s conduct is justified under Code Section 16-3-21, 16-3-23, 16-3-24, 16-3-25, or 16-3-26;
    • (2) When the person’s conduct is in reasonable fulfillment of his duties as a government officer or employee;
    • (3) When the person’s conduct is the reasonable discipline of a minor by his parent or a person in loco parentis;
    • (4) When the person’s conduct is reasonable and is performed in the course of making a lawful arrest;
    • (5) When the person’s conduct is justified for any other reason under the laws of this state, including as provided in Code Section 51-1-29; or
    • (6) In all other instances which stand upon the same footing of reason and justice as those enumerated in this article.

History:Code 1933, § 26-901, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1999, p. 81, § 16; Ga. L. 2015, p. 598, § 2-2/HB 72


Version: 2019
Updated: 09-14-2021