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§ 16-5-24 - Aggravated battery

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O.C.G.A.16-5-24 (2010) 16-5-24.Aggravated battery (a)Aperson commits the offense of aggravated battery when he or shemaliciously causes bodily harm to another by depriving him or her of amember of his or her body, by rendering a member of his or her bodyuseless, or by seriously disfiguring his or her body or a memberthereof.(b)Except as provided insubsections (c) through (h) of this Code section, a person convicted ofthe offense of aggravated battery shall be punished by imprisonment fornot less than one nor more than 20 years.(c)Aperson who knowingly commits the offense of aggravated battery upon apeace officer while the officer is engaged in, or on account of theperformance of, his or her official duties shall, upon convictionthereof, be punished by imprisonment for not less than ten nor more than20 years.(d)Any person who commits theoffense of aggravated battery against a person who is 65 years of age orolder shall, upon conviction thereof, be punished by imprisonment fornot less than five nor more than 20 years.(e)(1)Asused in this subsection, the term "correctional officer" shall includesuperintendents, wardens, deputy wardens, guards, and correctionalofficers of state, county, and municipal penal institutions who arecertified by the Georgia Peace Officer Standards and Training Councilpursuant to Chapter 8 of Title 35 and employees of the Department ofJuvenile Justice who are known to be employees of the department or whohave given reasonable identification of their employment. The term"correctional officer" shall also include county jail officers who arecertified or registered by the Georgia Peace Officer Standards andTraining Council pursuant to Chapter 8 of Title 35.(2)Aperson who knowingly commits the offense of aggravated battery upon acorrectional officer while the correctional officer is engaged in, or onaccount of the performance of, his or her official duties shall, uponconviction thereof, be punished by imprisonment for not less than tennor more than 20 years.(f)Any person whocommits the offense of aggravated battery in a public transit vehicle orstation shall, upon conviction thereof, be punished by imprisonment fornot less than five nor more than 20 years. For purposes of this Codesection, "public transit vehicle" has the same meaning as in subsection(c) of Code Section 16-5-20.(g)Any personwho commits the offense of aggravated battery upon a student or teacheror other school personnel within a school safety zone as defined inparagraph (1) of subsection (a) of Code Section 16-11-127.1 shall, uponconviction thereof, be punished by imprisonment for not less than fivenor more than 20 years.(h)If the offenseof aggravated 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, orother persons excluding siblings living or formerly living in the samehousehold, the defendant shall be punished by imprisonment for not lessthan three nor more than 20 years.
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  • O.C.G.A. 16-5-24 (2010)
    16-5-24. Aggravated battery


    (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.

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

    (c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the 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 ten nor more than 20 years.

    (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
    (e)(1) As used in this subsection, the term "correctional officer" shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term "correctional officer" shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

    (2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional 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 ten nor more than 20 years.

    (f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, "public transit vehicle" has the same meaning as in subsection (c) of Code Section 16-5-20.

    (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

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

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