2025 Georgia Codes – Page 18

A coconspirator may be relieved from the effects of Code Section 16-4-8 if he can show that before the overt
act occurred he withdrew his agreement to commit a crime.
Chapter 5
Crimes Against the Person

(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 commits the offense of murder when, in the commission of a felony, he or she causes the death
of another human being irrespective of malice.
(d) A person commits the offense of murder in the second degree when, in the commission of cruelty to chil-
dren in the second degree, he or she causes the death of another human being irrespective of malice.
(e)(1) A person convicted of the offense of murder shall be punished by death, by imprisonment for life with-
out parole, or by imprisonment for life.
(2) A person convicted of the offense of murder in the second degree shall be punished by imprisonment for
not less than ten nor more than 30 years.