Reckless Abandonment

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Crimes Against the Person
  5. Cruelty to Children
  6. Reckless Abandonment

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  1. A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of one year commits the offense of reckless abandonment of a child when the person willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child.
  2. Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 25 years.

(Code 1981, §16-5-72, enacted by Ga. L. 1989, p. 1605, § 1.)

Law reviews.

- For note on 1989 enactment of this Code section, see 6 Ga. St. U. L. Rev. 209 (1989).

JUDICIAL DECISIONS

Evidence sufficient to sustain conviction.

- Evidence that the death of a child occurred following the mother's placing the child in a trash bag after giving birth and then putting the bag on the front porch was sufficient to support the finding of a violation of O.C.G.A. § 16-5-72. In re B.L.M., 228 Ga. App. 664, 492 S.E.2d 700 (1997).


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