Assignment 12 - Applicable Georgia Laws

O.C.G.A. §16-2-1 "Crime" defined.

A "crime" is 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.

O.C.G.A. §16-5-60

A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.

O.C.G.A. §16-9-93

(a) Computer Theft. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:

(1) Taking or appropriating any property of another, whether or not with the intention of depriving the owner of possession;

(2) Obtaining property by any deceitful means or artful practice; or

(3) Converting property to such person's use in violation of an agreement or other known legal obligation to make a specified application or disposition of such property shall be guilty of the crime of computer theft.

(b) Computer Trespass. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:

(1) Deleting or in any way removing, either temporarily or permanently, any computer program or data from a computer or computer network;

(2) Obstructing, interrupting, or in any way interfering with the use of a computer program or data; or

(3) Altering, damaging, or in any way causing the malfunction of a computer, computer network, or computer program, regardless of how long the alteration, damage, or malfunction persists shall be guilty of the crime of computer trespass.

(c) Computer Invasion of Privacy. Any person who uses a computer or computer network with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority shall be guilty of the crime of computer invasion of privacy.

(d) Computer Forgery. Any person who creates, alters, or deletes any data contained in any computer or computer network, who, if such person had created, altered, or deleted a tangible document or instrument would have committed forgery under Article 1 of this chapter, shall be guilty of the crime of computer forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to the crime of computer forgery if a creation, alteration, or deletion of data was involved in lieu of a tangible document or instrument.

(e) Computer Password Disclosure. Any person who discloses a number, code, password, or other means of access to a computer or computer network knowing that such disclosure is without authority and which results in damages (including the fair market value of any services used and victim expenditure) to the owner of the computer or computer network in excess of $500.00 shall be guilty of the crime of computer password disclosure.

(f) Article not Exclusive. The provisions of this article shall not be construed to preclude the applicability of any other law which presently applies or may in the future apply to any transaction or course of conduct which violates this article.

(g) Civil Relief; Damages.

(1) Any person whose property or person is injured by reason of a violation of any provision of this article may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, "damages" shall include loss of profits and victim expenditure.

(2) At the request of any party to an action brought pursuant to this Code section, the court shall by reasonable means conduct all legal proceedings in such a way as to protect the secrecy and security of any computer, computer network, data, or computer program involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.

(3) The provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

(4) A civil action under this Code section must be brought within four years after the violation is discovered or by exercise of reasonable diligence should have been discovered. For purposes of this article, a continuing violation of any one subsection of this Code section by any person constitutes a single violation by such person.

(h) Criminal Penalties.

(1) Any person convicted of the crime of computer theft, computer trespass, computer invasion of privacy, or computer forgery shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both.

(2) Any person convicted of computer password disclosure shall be fined not more than $5,000.00 or incarcerated for a period not to exceed one year, or both.

O.C.G.A. § 16-2-21 Prosecution of parties who did not directly commit the crime.

Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted.

O.C.G.A. §16-5-1 Murder; felony murder.

(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 also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.

(d) A person convicted of the offense of murder shall be punished by death or by imprisonment for life.

O.C.G.A. §16-5-2 Voluntary manslaughter.

(a) A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.

(b) A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.

O.C.G.A. §16-5-3 Involuntary manslaughter.

(a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(b) A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for a misdemeanor.

Special Note - the following are Georgia cases in which the phrase “lawful act in an unlawful manner” was discussed:

Stewart v. State, 295 SE 2d 112, 163 Ga. App. 735 (1982)

Although he was indicted for felony involuntary manslaughter, defendant was convicted of misdemeanor involuntary manslaughter -- unintentionally causing the death of another by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. See Code Ann. § 26-1103 (b). From the facts and circumstances in this case the jury was authorized to conclude that the defendant knew the deceased was intoxicated with drugs and alcohol and slapped him in an effort to sober him. The tide in the canal rises and falls, and if defendant, after attempting to sober the deceased, let him fall to the ground in a spot which would soon be covered with water, or indeed let him fall into the water, the jury was authorized to conclude that defendant was guilty of manslaughter by committing a lawful act (attempting to sober the deceased) in an unlawful manner. The jury was authorized to find that defendant's actions at the canal on the night of Crisp's death amounted to ". . . such gross negligence and heedless indifference to the rights and safety of the victim that an injury to the victim was reasonably foreseeable. [Cit.] Nor can we say that the jury was not authorized to conclude that this gross negligence was the proximate cause of the victim's death." Maloof v. State, 145 Ga. App. 408, 409 (243 S.E.2d 634) (1978). Viewed in a light most favorable to the state, any rational trier of fact could have found defendant guilty of involuntary manslaughter, a misdemeanor, beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 S. Ct. 2781, 61 L. Ed. 2d 560) (1979); see Ward v. State, 238 Ga. 367, 369 (233 S.E.2d 175) (1977); Heath v. State, 77 Ga. App. 127 (47 S.E.2d 906) (1948).

Spradlin v. The State, 260 SE 2d 517, 151 Ga. App. 585 (1981).

The state's argument is logical, i.e. self-defense is a lawful act, but if excessive force is used the act becomes unlawful and it cannot remain self-defense -- which is a lawful act. Stated otherwise -- whenever a lawful act is done in an unlawful manner it is no longer a lawful act. The difference is more than semantical. This argument is contrary to the statute which states the law that involuntary manslaughter is committed by "a lawful act in an unlawful manner." The committee note explains that driving an automobile "62 mph in a 60 mph zone" is an unlawful act, but the driver "who travels 58 mph in a 60 mph zone when the road is iced over and traffic is heavy performing a lawful act in unlawful manner." In the same manner, where an individual is engaged in self-defense, a lawful act -- but, uses excessive force -- an unlawful act, this is committing alawful act in an unlawful manner . Jackson v. State, 143 Ga. App. 734 (240 S.E.2d 180); Allen v. State, 147 Ga. App. 701 (2) (250 S.E.2d 5).