Georgia Statutes
§ 16-4-5 — Abandonment of effort to commit a crime as an affirmative defense
Georgia § 16-4-5
JurisdictionGeorgia
Title16
This text of Georgia § 16-4-5 (Abandonment of effort to commit a crime as an affirmative defense) 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. § 16-4-5 (2026).
Text
(a)When a person's conduct would otherwise constitute an attempt to commit a crime under Code Section 16-4-1 , it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.
(b)A renunciation of criminal purpose is not voluntary and complete if it results from:
(1)A belief that circumstances exist which increase the probability of detection or apprehension of the person or which render more difficult the accomplishment of the criminal purpose; or (2) A decision to postpone the criminal conduct until another time.
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Related
Lobdell v. State
353 S.E.2d 799 (Supreme Court of Georgia, 1987)
Brockman v. State
739 S.E.2d 332 (Supreme Court of Georgia, 2013)
Hayes v. State
387 S.E.2d 139 (Court of Appeals of Georgia, 1989)
Thompson v. State
519 S.E.2d 434 (Supreme Court of Georgia, 1999)
Johnson v. State
578 S.E.2d 885 (Supreme Court of Georgia, 2003)
Cunningham v. State
522 S.E.2d 684 (Court of Appeals of Georgia, 1999)
Younger v. State
702 S.E.2d 183 (Supreme Court of Georgia, 2010)
Barnett v. State
536 S.E.2d 263 (Court of Appeals of Georgia, 2000)
Mikell v. State
689 S.E.2d 286 (Supreme Court of Georgia, 2010)
Heard v. State
681 S.E.2d 701 (Court of Appeals of Georgia, 2009)
Hubbard v. State
435 S.E.2d 709 (Court of Appeals of Georgia, 1993)
Level v. State
615 S.E.2d 640 (Court of Appeals of Georgia, 2005)
Williams v. State
383 S.E.2d 344 (Court of Appeals of Georgia, 1989)
Falay v. State
740 S.E.2d 738 (Court of Appeals of Georgia, 2013)
Quinn v. State
320 S.E.2d 827 (Court of Appeals of Georgia, 1984)
Jones v. State
540 S.E.2d 693 (Court of Appeals of Georgia, 2000)
Hyman v. State
474 S.E.2d 243 (Court of Appeals of Georgia, 1996)
Moore v. State
397 S.E.2d 477 (Court of Appeals of Georgia, 1990)
Spivey v. State
534 S.E.2d 498 (Court of Appeals of Georgia, 2000)
Padgett v. State
316 S.E.2d 523 (Court of Appeals of Georgia, 1984)
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 § 16-4-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/16-4-5.