Title 16, Chapter 5, Section 23.1
( 16-5-23.1)
(a) A person commits the offense of battery when he or she
intentionally causes substantial physical harm or visible bodily
harm to another. (b) As used in this Code section, the term "visible bodily harm"
means bodily harm capable of being perceived by a person other than
the victim and may include, but is not limited to, substantially
blackened eyes, substantially swollen lips or other facial or body
parts, or substantial bruises to body parts. (c) Except as provided in subsections (d) through (l) of this Code
section, a person who commits the offense of battery is guilty of a
misdemeanor. (d) Upon the second conviction for battery against the same victim,
the defendant shall be punished by imprisonment for not less than
ten days nor more than 12 months, by a fine not to exceed $1,000.00,
or both. The minimum sentence of ten days for a second offense
shall not be suspended, probated, deferred, stayed, or withheld;
provided, however, that it is within the authority and discretion of
the sentencing judge to: (1) Allow the sentence to be served on weekends by weekend
confinement or during the nonworking hours of the defendant. A
weekend shall commence and shall end in the discretion of the
sentencing judge, and the nonworking hours of the defendant shall
be determined in the discretion of the sentencing judge; or (2) Suspend, probate, defer, stay, or withhold the minimum
sentence where there exists clear and convincing evidence that
imposition of the minimum sentence would either create an undue
hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the
same victim, the defendant shall be guilty of a felony and shall be
punished by imprisonment for not less than one nor more than five
years. The minimum sentence provisions contained in subsection (d)
of this Code section shall apply to sentences imposed pursuant to
this subsection. (f) If the offense of 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 living or formerly living in the same
household, then such offense shall constitute the offense of family
violence battery and shall be punished as follows: (1) Upon a first conviction of family violence battery, the
defendant shall be guilty of and punished for a misdemeanor; and (2) Upon a second or subsequent conviction of family violence
battery against the same or another victim, the defendant shall be
guilty of a felony and shall be punished by imprisonment for not
less than one nor more than five years. In no event shall this
subsection be applicable to reasonable corporal punishment
administered by parent to child. (g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "public transit vehicle" has the same meaning as in subsection (c) of Code Section 16-5-20. (h) Any person who commits the offense of battery against a female
who is pregnant at the time of the offense shall, upon conviction
thereof, be punished for a misdemeanor of a high and aggravated
nature. (i) Any person who commits the offense of battery against a teacher
or other school personnel, engaged in the performance of official
duties or while on school property shall, upon conviction thereof,
be punished by imprisonment for not less than one nor more than five
years or a fine of not more than $10,000.00, or both. (j) Except as otherwise provided in subsection (e) and paragraph (2)
of subsection (f) of this Code section, any person who commits the
offense of battery against a person who is 65 years of age or older
shall, upon conviction thereof, be punished for a misdemeanor of a
high and aggravated nature. (k) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both. (l) Any person who commits the offense of battery against a sports
official while such sports official is officiating an amateur
contest or while such sports official is on or exiting the property
where he or she will officiate or has completed officiating an
amateur contest shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature. For purposes of this
Code section, the term "sports official" means any person who
officiates, umpires, or referees an amateur contest at the
collegiate, elementary or secondary school, or recreational level. |