Murder in Georgia (U.S. state) law

Last updated

Murder in Georgia law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat above the median for the entire country. [1]

Definitions

Malice murder

Georgia has five different homicide offenses in total, including the three different types of murder. The most serious forms of homicide are malice murder and felony murder. Malice murder is defined as when a person unlawfully and with malice aforethought, either express or implied, causes the death of another human being. It is punished by life in prison without the possibility of parole, life-with-parole after 30 years, or the death penalty. The only exception for seeking the death penalty is for murders committed when the defendant was under the age of 18, since the death penalty for minors was abolished nationwide in 2005. [2] [3] [4]

Felony murder

Felony murder is defined as when a person causes the death of another human being during the commission of a felony (besides second-degree child cruelty), irrespective of malice. It is punished by life-without-parole, life-with-parole after 30 years, or the death penalty if the death of the victim was intended. [2] [3] [4] The death penalty for unintentional felony murder was abolished nationwide in 1982.

Second-degree murder

Second-degree murder is the newest homicide statute in Georgia law, being created in 2014. It is defined as causing the death of another human being while committing second-degree child cruelty, irrespective of malice. The statute was created to address the issue of child deaths caused by intentional abuse (first-degree child cruelty) and accidental abuse (second-degree child cruelty) being punished as the same under the state's felony murder rule. It is punished by 10 to 30 years in prison. [2] [5]

Penalties

The sentences for homicide offenses in Georgia are listed below. [2]

OffenseMandatory sentence
Involuntary manslaughter 1 to 10 years
Voluntary manslaughter 1 to 20 years in prison
Second-degree murder10 to 30 years in prison
Felony murder
Malice murder

Related Research Articles

<span class="mw-page-title-main">Murder</span> Unlawful killing of a human with malice aforethought

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

<span class="mw-page-title-main">Vehicular homicide</span> Unlawful killing of another human by criminally negligent or murderous operation of a vehicle

Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.

In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.

Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.

Murder in Colorado law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.

Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.

Murder in Massachusetts law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Massachusetts.

Murder in Wisconsin law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.

<span class="mw-page-title-main">Murder in California law</span>

The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.

Murder in Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.

Murder in Idaho law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Idaho.

Murder in Connecticut is defined as the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Connecticut. The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.

Murder in Illinois law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.

Murder in Indiana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Indiana.

Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.

Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.

Murder in Tennessee law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Tennessee.

Murder in Nevada law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Nevada.

Murder in Missouri law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Missouri.

References

  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
  2. 1 2 3 4 "Section 16-5-1 - Murder; malice murder; felony murder; murder in the second degree, Ga. Code § 16-5-1". casetext.com. Retrieved May 29, 2023.
  3. 1 2 "Malice murder vs. felony murder: A look at the Ahmaud Arbery murder trial charges". FOX TV Digital Team. November 24, 2021. Retrieved May 29, 2023.
  4. 1 2 "Georgia Murder Laws". Findlaw. Retrieved May 29, 2023.
  5. "Second-degree murder law created to address child deaths". Times-Herald.com. December 15, 2018. Retrieved May 29, 2023.