The Framework of Criminal Law
Legislation on Bias-motivated Violence
| Bias-motivated Violent Crimes as Specific Offenses | Bias as an Express General Aggravating Factor | Bias as an Aggravating Factor in Specific Common Crimes |
| X |
Bias Types Covered by Provisions on Aggravating Circumstances
| Race/National Origin/Ethnicity | Religion | Sexual Orientation | Gender | Disability | Other |
| X | X |
The Criminal Code of Georgia, adopted in 1999 and amended in 2003, does not contain any general provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
Bias as an Aggravating Factor in Specific Common Crimes
Several articles provide specific penalty enhancements for certain crimes committed with bias motives. Article 108 punishes premeditated murder with incarceration ranging from seven to fifteen years, while article 109 deals with premeditated murder with aggravating factors. Article 109(l) punishes premeditated murder, when commited “as a consequence of racial, religious, national or ethnic intolerance” by incarceration for ten to twenty years, or by life imprisonment.”
Other provisions of the Criminal Code that could be applied to violent hate crimes include article 117 (Deliberate infliction of grievous bodily harm), article 126 (Torture), and article 258 (Desecration). Higher penalties are established for each of these crimes when committed “as a consequence of racial, religious, national or ethnic intolerance.”[1]
[1] OSCE/ODIHR, “Georgia: Hate Crimes,” Legislationline, http://www.legislationline.org/?tid=218&jid=20&less=false.