Keith Mack
If you want to review Georgia state law, you should be aware that Georgia residents are subject to both Georgia state and U.S. federal laws. Federal laws include the U.S. Constitution, statutes in the U.S. Code, decisions by courts interpreting federal laws, and regulations issued by federal administrative agencies. Georgia state laws include the Georgia Constitution, laws passed by the Georgia legislature and codified in the Georgia Code, and decisions by courts interpreting Georgia laws. Georgia's official code is called the Official Code of Georgia Annotated (O.C.G.A.), and it is available online at LexisNexis. When looking up Georgia laws, be cautious as laws often work in conjunction with each other, and lawyers also consider how laws are interpreted in practice. Additionally, three federal district courts in Georgia (the Northern, Middle, and Southern District Courts) and the Eleventh Circuit Court of Appeals may issue decisions affecting Georgia residents.
| Characteristics | Values |
|---|---|
| Name of the state laws | Official Code of Georgia Annotated (O.C.G.A.) |
| Number of titles | 53 |
| Example of a title | Title 16: Crimes and Offenses |
| Example of a chapter | Chapter 13 in Title 16: Controlled Substances |
| Example of a law | O.C.G.A. 16-13-30: Possession of Marijuana |
| Federal laws that apply | U.S. Constitution, statutes in the U.S. Code, court decisions interpreting federal laws, regulations issued by federal administrative agencies |
| Federal courts with authority over Georgia | Northern, Middle, and Southern District Courts of Georgia; Eleventh Circuit Court of Appeals; U.S. Supreme Court |
| State laws | Georgia Constitution, laws passed by the Georgia legislature and codified in the Georgia Code, court decisions interpreting Georgia laws |
| Availability of state laws | Georgia Laws database, LexisNexis Academic, Georgia General Assembly (unannotated version) |
| Administrative law | Rules, decisions, and orders issued by executive agencies and officers, published in the Georgia Government Register and the Official Compilation of Rules and Regulations of Georgia |
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What You'll Learn
Georgia state laws and the US federal laws
Residents of Georgia are subject to both Georgia state laws and US federal laws. Federal laws apply in Georgia as they do across all 50 states. The US Constitution is the supreme law of the US, and federal laws also include statutes periodically codified in the US Code, decisions by courts that interpret federal laws, and regulations issued by federal administrative agencies. Federal laws can be explored on legal information sites such as Justia.
Georgia also has its own state laws, which include the Georgia Constitution, laws passed by the Georgia legislature and codified in the Georgia Code, and decisions by courts that interpret Georgia laws. The Georgia Constitution, ratified in 1982, is the second-newest state constitution in the US. The Official Code of Georgia Annotated (O.C.G.A.) is the collection of all Georgia state laws. Each law in the O.C.G.A. is identified by a unique code consisting of three numbers separated by dashes. The first number represents the Title, the second the Chapter, and the third the specific law within that Title and Chapter. Georgia has 53 Titles covering all areas of law, including Title 16 (Crimes and Offences) and Title 40 (Motor Vehicles and Traffic).
While Georgia residents are subject to both state and federal laws, most of the laws that apply to victims of domestic violence and sexual assault come from state laws. These include laws dealing with protection orders, divorce, custody, crimes, and more. However, there are also relevant federal laws that apply across all states, such as immigration remedies for victims, Federal Gun Laws, VAWA Housing Laws, and Military Protective Orders.
To alter or create a Georgia state law, a legislator must take the idea to the Georgia General Assembly, the state's version of Congress. An attorney from the Office of the Legislative Council assists in drafting a bill, which is then filed with the Secretary of the Senate or the Clerk of the House, depending on whether the legislator is a Senator or Representative. The bill is formally introduced to legislators on the first legislative day after it is filed, which is the second Monday in January. After consideration by a committee, the bill undergoes three readings and is then put to a vote. If the bill passes, it moves to the other chamber for a second vote.
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The Official Code of Georgia Annotated (O.C.G.A.)
The O.C.G.A. is made up of 53 different titles, each of which covers a different area of law. Each title is further divided into chapters, and then into specific laws. For example, Title 16 is "Crimes and Offenses", and Chapter 13 within that title is "Controlled Substances". So, a charge of marijuana possession would fall under O.C.G.A. 16-13-30 or O.C.G.A. 16-13-2.
The O.C.G.A. is available to view for free online. However, it is important to note that a lot of laws are interconnected, so looking up a single statute may only give you part of the picture. Additionally, lawyers will often look at how laws are being interpreted, which can be found in the paid versions of the laws that attorneys use.
The O.C.G.A. has an unusual feature in that privately prepared code annotations are officially merged into the official copy and published under the authority of the state. The state retains sole copyright of the code, while the authorized publisher holds the copyright to the annotations. This means that the publisher can charge for reproductions of the O.C.G.A., with a portion of the fee being returned to the state as a licensing fee. However, in 2018, the 11th Circuit Court of Appeals held that the O.C.G.A. is not copyrightable, and this was affirmed by the U.S. Supreme Court in 2020.
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Georgia Constitution and Georgia Code
Georgia has had ten constitutions in its history, seven of which were directly associated with war-related periods. The first, initiated in April 1776, provided a framework for the transition from colony to state. The first state constitutional convention was organised soon after Georgia accepted the Declaration of Independence, and it was completed in February 1777. This constitution remained in effect for twelve years, vesting most governmental authority in a state legislative body, incorporating the separation of powers doctrine, and including basic rights such as freedom of religion, freedom of the press, and trial by jury.
The current Georgia Constitution continues to uphold the right to trial by jury, stating that "the right to trial by jury shall remain inviolate". It also protects the separate property of each spouse, stating that "the separate property of each spouse shall remain the separate property of that spouse except as otherwise provided by law". Additionally, it maintains the separation of legislative, judicial, and executive powers, with the civil authority superior to the military and a clear separation of church and state.
The Official Code of Georgia Annotated (O.C.G.A.) is the collection of all the state laws. Each law is organised by title, chapter, and specific law within that title and chapter. There are 53 different titles covering all areas of law in Georgia. For example, Title 16 refers to "Crimes and Offences", and within that, Chapter 13 is "Controlled Substances". So, a charge of possession of marijuana would fall under O.C.G.A. 16-13-30 or O.C.G.A. 16-13-2.
While anyone can look up the text of Georgia's laws, it is important to remember that misinterpretation can have significant consequences. Lawyers, for instance, not only look at the laws themselves but also at how they are being interpreted.
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Georgia's administrative code
Georgia's state laws are compiled in the Official Code of Georgia Annotated (O.C.G.A.). This code is organised into 53 different titles, each covering a different area of law. Each title is further divided into chapters, and each chapter contains specific laws. For example, Title 16 refers to "Crimes and Offenses", while Chapter 13 within this title covers "Controlled Substances".
The O.C.G.A. is accessible to the public online. However, it is important to note that laws often work in conjunction with one another, so looking up a single statute may only provide a partial understanding. Additionally, lawyers often consider the interpretation of the laws they reference.
The Rules and Regulations of the State of Georgia are a separate compilation of rules and regulations for state agencies. These are filed with the Office of the Secretary of State under the Georgia Administrative Procedures Act, O.C.G.A. This office provides an electronic version of the rules and regulations on its website.
If you have any questions regarding the content of the Rules and Regulations, you can contact the State of Georgia's Administrative Procedures Division by phone or mail. The phone number is 404-909-8909, and the address is Administrative Procedures Division Office of Georgia Secretary of State, 5800 Jonesboro Road, Morrow, GA 30260.
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Georgia criminal law
Georgia's criminal code defines criminal behaviour and outlines penalties for each type of crime. Each criminal act has a specific definition, degrees of severity, and possible defences. The code also provides the state's criminal justice system with a framework to ensure fair and proportional penalties for all criminal actions brought to court. It ensures that law enforcement has guidelines for maintaining public order.
To convict someone of a crime in Georgia, prosecutors must prove criminal liability. This means proving intent to commit a crime or criminal negligence. If there was no intent or wanton recklessness indicative of criminal negligence, there was no crime. Unlike some states, Georgia does not divide crimes into felonies and misdemeanours. Instead, each type of criminal act has degrees, so one crime can be a felony or misdemeanour depending on other factors. This gives courts greater flexibility in sentencing. For example, involuntary manslaughter is the death of a human being without the intent to do so. It is a felony when it occurs during the commission of an unlawful act other than a felony. It is a misdemeanour if it happens during the commission of a lawful act carried out in a criminally negligent manner.
To look up Georgia's criminal laws, you can refer to the Official Code of Georgia Annotated (O.C.G.A.). This is a collection of all the state's laws. Each law has a unique code that refers to the relevant Title, Chapter, and specific law. For example, O.C.G.A. 40-6-181 refers to speeding tickets, while O.C.G.A. 16-13-30 and O.C.G.A. 16-13-2 refer to possession of marijuana.
It is important to note that a misinterpretation of the law could have significant consequences. Therefore, if you or a loved one have questions about Georgia's criminal laws, it is recommended to contact a legal professional for legal help.
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Frequently asked questions
O.C.G.A. is the abbreviation for the Official Code of Georgia Annotated, which is the collection of all the state laws.
Georgia state laws are initially published as session laws, then compiled into codes. Georgia session laws are published in Georgia Laws and are available both in print in the Law Library and online in databases.
The Official Compilation of Rules and Regulations of the State of Georgia is Georgia's administrative code. It is available in print at the Law Library.
Federal laws apply in Georgia as they do across all 50 states. Federal laws include the U.S. Constitution, statutes in the U.S. Code, decisions by courts that interpret federal laws, and regulations issued by federal administrative agencies.
