2025 Georgia Codes – Page 10

(a) Every person concerned in the commission of a crime is a party thereto and may be charged with and con-
victed of commission of the crime.
(b) A person is concerned in the commission of a crime only if he:
(1) Directly commits the crime;
(2) Intentionally causes some other person to commit the crime under such circumstances that the other per-
son is not guilty of any crime either in fact or because of legal incapacity;
(3) Intentionally aids or abets in the commission of the crime; or
(4) Intentionally advises, encourages, hires, counsels, or procures another to commit the crime.
Chapter 3
Defenses to Criminal Prosecution

(a) A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence consti-
tuting the crime, the person, because of involuntary intoxication, did not have sufficient mental capacity to
distinguish between right and wrong in relation to such act.
(b) Involuntary intoxication means intoxication caused by:
(1) Consumption of a substance through excusable ignorance; or
(2) The coercion, fraud, artifice, or contrivance of another person.
(c) V oluntary intoxication shall not be an excuse for any criminal act or omission.

(a) As used in this Code section, the term:
(1) “Coercion” shall have the same meaning as set forth in Code Section 16-5-46.
(2) “Deception” shall have the same meaning as set forth in Code Section 16-5-46.
(3) “Sexual crime” means prostitution, sodomy, solicitation of sodomy, or masturbation for hire as such
offenses are proscribed in Chapter 6 of Title 16.
(4) “Sexual servitude” shall have the same meaning as set forth in Code Section 16-5-46.
(b) A person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is
based was committed by an accused who was:
(1) Less than 18 years of age at the time of the conduct such person was being trafficked for sexual servitude
in violation of subsection (c) of Code Section 16-5-46; or
(2) Acting under coercion or deception while the accused was being trafficked for sexual servitude in viola-
tion of subsection (c) of Code Section 16-5-46.
(c) A defense based upon any of the provisions of this Code section shall be an affirmative defense.