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Vigilant Or Vigilante? Procedure And Rationale For Immunity In Defense Of Habitation And Defense Of Property Under The Official Code Of Georgia Annotated §§ 16-3-23, -24, -24.1, And -24.2, Robert Christian Rutledge

Mercer Law Review

Georgia law provides statutory immunity for a person charged with an assault that arose in defense of property including habitation and real property. Such a defense would apply to the scenario above. The procedure for utilizing those immunities, however, is not clear in the applicable statutes, Official Code of Georgia Annotated ("O.C.G.A.") sections 16-3-23, -24, -24.1, and -24.2 (the "Immunity Statutes"), or in recent cases applying those statutes. This Article proposes a procedure for using those immunities as efficiently as possible. While seeking an efficient procedure, this Article also attempts to ascertain the rationale and policies behind the Immunity Statutes. …