Georgia § 17-9-3 - Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense.
Full text of Georgia Official Code of Georgia Annotated § 17-9-3 — Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense., with citation guidance and answers to common questions.
§ 17-9-3. Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense.
In all capital cases, other than those of homicide, when the verdict is "guilty," with a recommendation for mercy, it shall be legal and shall mean imprisonment for life. When the verdict is "guilty," without a recommendation for mercy, it shall be legal and shall mean that the convicted person shall be sentenced to death. When it is shown that a person convicted of a capital offense without a recommendation for mercy had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life. (Ga. L. 1875, p. 106, § 2; Code 1882, § 4646a; Penal Code 1895, § 1034; Penal Code 1910, § 1060; Code 1933, § 27-2302; Ga. L. 1963, p. 122, § 2; Ga. L. 1974, p. 352, § 2.) Cross references. - Further provisions regarding jury recommendations in death penalty cases, § 17-10-2 . Finding by jury of statutory aggravating circumstance and recommendation of death sentence as prerequisites to imposition of death sentence, § 17-10-31 . U.S. Code. - Verdicts, Federal Rules of Criminal Procedure, Rule 31. Law reviews. - For article discussing the 1968 Criminal Code of Georgia, comparing preexisting provisions of Georgia criminal law, see 5 Ga. St. B.J. 185 (1968). For article, "Jury Sentencing in Georgia - Time for a Change?," see 5 Ga. St. B.J. 421 (1969). For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, "The Execution of America's Children," see 6 Ga. State U.L. Rev. 403 (1990).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 17-9-3
What does Official Code of Georgia Annotated § 17-9-3 cover?
Section 17-9-3 ("Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense.") 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 § 17-9-3?
A common citation format is "Official Code of Georgia Annotated § 17-9-3" (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 § 17-9-3 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
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.