Georgia Statutes
§ 16-3-23 — Use of force in defense of habitation
Georgia § 16-3-23
JurisdictionGeorgia
Title16
This text of Georgia § 16-3-23 (Use of force in defense of habitation) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 16-3-23 (2026).
Text
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1)The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
(2)That force is used against another person who is not a member of the family or household an
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Related
Barrett v. State
733 S.E.2d 304 (Supreme Court of Georgia, 2012)
Bates v. State
313 Ga. 57 (Supreme Court of Georgia, 2021)
Chambers v. State
739 S.E.2d 513 (Court of Appeals of Georgia, 2013)
Muckle v. State
705 S.E.2d 721 (Court of Appeals of Georgia, 2011)
Swanson v. State
306 Ga. 153 (Supreme Court of Georgia, 2019)
Glenn v. State
849 S.E.2d 409 (Supreme Court of Georgia, 2020)
State v. COPELAND (Three Cases)
850 S.E.2d 736 (Supreme Court of Georgia, 2020)
Calmer v. State
846 S.E.2d 40 (Supreme Court of Georgia, 2020)
Gobert v. State
857 S.E.2d 647 (Supreme Court of Georgia, 2021)
Chambliss v. State
896 S.E.2d 469 (Supreme Court of Georgia, 2023)
Harris v. the State
793 S.E.2d 417 (Court of Appeals of Georgia, 2016)
Carlos Richard McClure v. State
(Court of Appeals of Georgia, 2020)
Tyler Alexander Bass v. State
(Court of Appeals of Georgia, 2024)
Ronnie Pate v. State
(Court of Appeals of Georgia, 2022)
State v. Leverette
(Supreme Court of Georgia, 2024)
Beasley v. State
305 Ga. 231 (Supreme Court of Georgia, 2019)
Andrade v. State
733 S.E.2d 474 (Court of Appeals of Georgia, 2012)
Brimidge v. State
651 S.E.2d 344 (Court of Appeals of Georgia, 2007)
Ty Rutledge v. State
(Court of Appeals of Georgia, 2024)
Legislative History
Amended by 2001 Ga. Laws 385, § 2, eff. 7/1/2001.
Nearby Sections
15
§ 16-1-1
Short title§ 16-1-2
Purposes of title§ 16-1-3
Definitions§ 16-10-1
Violation of oath by public officer§ 16-10-2
BriberyCite This Page — Counsel Stack
Bluebook (online)
Georgia § 16-3-23, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/16-3-23.