Georgia § 16-7-5 - Home invasion in the first and second degree.
Full text of Georgia Official Code of Georgia Annotated § 16-7-5 — Home invasion in the first and second degree., with citation guidance and answers to common questions.
§ 16-7-5. Home invasion in the first and second degree.
As used in this Code section, the term "dwelling" shall have the same meaning as provided in Code Section 16-7-1. A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein. A person commits the offense of home invasion in the second degree when, without authority and with intent to commit a forcible misdemeanor therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein. A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00. A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00. Adjudication of guilt or imposition of sentence for home invasion in any degree may be probated at the discretion of the judge; provided, however, that such sentence shall not be suspended, deferred, or withheld. A sentence imposed under this Code section may be imposed separately from and consecutive to a sentence for any other offense related to the act or acts establishing the offense under this Code section. (Code 1981, § 16-7-5 , enacted by Ga. L. 2014, p. 426, § 3/HB 770.) Law reviews. - For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 16-7-5
What does Official Code of Georgia Annotated § 16-7-5 cover?
Section 16-7-5 ("Home invasion in the first and second degree.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 16-7-5?
A common citation format is "Official Code of Georgia Annotated § 16-7-5" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 16-7-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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