Child Witnesses to Domestic Violence - Georgia

Circumstances That Constitute Witnessing

Citation: Ann. Code § 16-5-70(d)

In criminal law: Any person commits the offense of cruelty to children in the third degree when the following circumstances apply:

• Such person, who is the primary aggressor, intentionally allows a child under age 18 to witness the commission of a forcible felony, battery, or family violence battery.
• Such person, who is the primary aggressor, having knowledge that a child under age 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.

Consequences

Citation: Ann. Code § 16-5-70(e)(3)

A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction.

Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000 or more than $5,000, imprisonment for not less than 1 year or more than 3 years, or both fine and imprisonment.