Georgia Statutes
§ 16-5-1 — Murder; malice murder; felony murder; murder in the second degree
Georgia § 16-5-1
JurisdictionGeorgia
Title16
This text of Georgia § 16-5-1 (Murder; malice murder; felony murder; murder in the second degree) 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. § 16-5-1 (2026).
Text
(a)A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b)Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c)A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
(d)A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Buttrum v. Black
721 F. Supp. 1268 (N.D. Georgia, 1989)
Humphrey v. Nance
744 S.E.2d 706 (Supreme Court of Georgia, 2013)
Washington v. State
678 S.E.2d 900 (Supreme Court of Georgia, 2009)
Kimbrough v. State
796 S.E.2d 694 (Supreme Court of Georgia, 2017)
Smith v. State
801 S.E.2d 18 (Supreme Court of Georgia, 2017)
Phelps v. State
750 S.E.2d 340 (Supreme Court of Georgia, 2013)
Grell v. State
732 S.E.2d 741 (Supreme Court of Georgia, 2012)
Harvey v. State
797 S.E.2d 75 (Supreme Court of Georgia, 2017)
Lewis v. State
804 S.E.2d 82 (Supreme Court of Georgia, 2017)
Deloney v. State
805 S.E.2d 881 (Supreme Court of Georgia, 2017)
State v. Johnson
738 S.E.2d 86 (Supreme Court of Georgia, 2013)
Dunn v. State
736 S.E.2d 392 (Supreme Court of Georgia, 2013)
Dix v. Newsome
584 F. Supp. 1052 (N.D. Georgia, 1984)
Stephens v. Adkins
487 S.E.2d 440 (Court of Appeals of Georgia, 1997)
Gooden v. State
410 S.E.2d 113 (Supreme Court of Georgia, 1991)
Brand v. State
369 S.E.2d 896 (Supreme Court of Georgia, 1988)
Towns v. State
396 S.E.2d 215 (Supreme Court of Georgia, 1990)
Swailes v. State
373 S.E.2d 825 (Court of Appeals of Georgia, 1988)
Bright v. State
382 S.E.2d 426 (Court of Appeals of Georgia, 1989)
Henderson v. State
350 S.E.2d 236 (Supreme Court of Georgia, 1986)
Legislative History
Amended by 2014 Ga. Laws 577,§ 1-1, eff. 7/1/2014. Amended by 2009 Ga. Laws 62,§ 1, eff. 4/29/2009.
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 § 16-5-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/16-5-1.