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“Crime” In Georgia Law

by merlin on December 11th, 2013
  • Sumo

A “crime” is defined in Section 16-2-1 of the Official Code of Georgia as ) “a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence” (emphasis supplied).

 

This joint combination of factors is the very basis for every criminal act that arises (note: this is not the same as the general preconditions for some kinds of tort or administrative liability, which can arise under something known as “strict liability” – if the conditions are there, even if you did not intend to create those conditions, you are liable), because there must be a convergence of the criminal intent and the achievement of an act meant to accomplish that intent.

 

In other words, a criminal act must be “knowing”.  Someone slipping a drug into your purse surreptitiously is not
the same as your act of hiding a drug in your purse.

 

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