Entry #19181: Hate crime protections in Georgia

Current Version

RegionGeorgia
IssueHate crime protections
StatusSexual orientation and gender identity
Start DateApr 19, 2012
End DateApr 4, 2025
DescriptionUntil April 2025, Georgia provided protection against hate crimes based on both sexual orientation and gender identity.

An amendment to the Penal Code in 2025 removed gender identity from the protected categories of Section 53(3).
Sourceshttps://hatecrime.osce.org/hate-crime-legislation-georgia
https://database.ilga.org/api/downloader/download/1/GE%20-%20LEG%20-%20Penal%20Code%20(2000)%20-%20TR(en).pdf (Article 53.3)
https://matsne.gov.ge/en/document/view/16426?publication=286
Federal LawYes


Revision History (2)

edited by Nathan. Adding info, source

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0
Old Value (Original) New Value (Current)
Start Date2022Apr 19, 2012
End Date(none)Apr 4, 2025
DescriptionArticle 53 – Aggravating factors for punishment

Commission of crime on the basis of race, skin, colour, language, sex, sexual orientation, gender, gender identity, age, religion, political or other views, disability, citizenship, national, ethnic or social affiliation, origin, property or birth status, place of residence or other signs of discrimination with the reason of intolerance shall be an aggravating factor for liability for all respective crimes.
Commission of crime by one family member against another family member, against a helpless person, a minor or in his/her presence, with the extreme cruelty, with the use of a weapon or under the threat of using a weapon, by abusing the official position shall be an aggravating factor for liability for all respective crimes.
When imposing a fixed term imprisonment for a crime committed with an aggravating factor under paragraph 1 or 2 of this article, the term of a sentence to be served shall exceed, at least by one year, the minimum term of sentence provided for the committed crime under the respective article or part of an article of this Code.
If an article or part of an article of the Special Part of this Code refers to a factor under paragraph 1 or 2 of this article as to an element qualifying the crime, and if there are grounds under Article 55 or 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence.
Until April 2025, Georgia provided protection against hate crimes based on both sexual orientation and gender identity.

An amendment to the Penal Code in 2025 removed gender identity from the protected categories of Section 53(3).
Show Difference
Article 53 – Aggravating factors for punishment Commission of crime on the basis of race, skin, colour, language, sex, sexual orientation, gender, gender identity, age, religion, political or other views, disability, citizenship, national, ethnic or social affiliation, origin, property or birth status, place of residence or other signs of discrimination with the reason of intolerance shall be an aggravating factor for liability for all respective crimes. Commission of crime by one family member against another family member, against a helpless person, a minor or in his/her presence, with the extreme cruelty, with the use of a weapon or under the threat of using a weapon, by abusing the official position shall be an aggravating factor for liability for all respective crimes. When imposing a fixed term imprisonment for a crime committed with an aggravating factor under paragraph 1 or 2 of this article, the term of a sentence to be served shall exceed, at least by one year, the minimum term of sentence provided for the committed crime under the respective article or part of an article of this Code. If an article or part of an article of the Special Part of this Code refers to a factor under paragraph 1 or 2 of this article as to an element qualifying the crime, and if there are grounds under Article 55 or 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence. Until April 2025, Georgia provided protection against hate crimes based on both sexual orientation and gender identity. An amendment to the Penal Code in 2025 removed gender identity from the protected categories of Section 53(3).
Sourceshttps://hatecrime.osce.org/hate-crime-legislation-georgiahttps://hatecrime.osce.org/hate-crime-legislation-georgia
https://database.ilga.org/api/downloader/download/1/GE%20-%20LEG%20-%20Penal%20Code%20(2000)%20-%20TR(en).pdf (Article 53.3)
https://matsne.gov.ge/en/document/view/16426?publication=286
Show Difference
https://hatecrime.osce.org/hate-crime-legislation-georgia https://hatecrime.osce.org/hate-crime-legislation-georgia https://database.ilga.org/api/downloader/download/1/GE%20-%20LEG%20-%20Penal%20Code%20(2000)%20-%20TR(en).pdf (Article 53.3) https://matsne.gov.ge/en/document/view/16426?publication=286

created by casuslady

Helpful?
0
Original entry
StatusSexual orientation and gender identity
Federal LawYes
Start Date2022
End Date(none)
DescriptionArticle 53 – Aggravating factors for punishment Commission of crime on the basis of race, skin, colour, language, sex, sexual orientation, gender, gender identity, age, religion, political or other views, disability, citizenship, national, ethnic or social affiliation, origin, property or birth status, place of residence or other signs of discrimination with the reason of intolerance shall be an aggravating factor for liability for all respective crimes. Commission of crime by one family member against another family member, against a helpless person, a minor or in his/her presence, with the extreme cruelty, with the use of a weapon or under the threat of using a weapon, by abusing the official position shall be an aggravating factor for liability for all respective crimes. When imposing a fixed term imprisonment for a crime committed with an aggravating factor under paragraph 1 or 2 of this article, the term of a sentence to be served shall exceed, at least by one year, the minimum term of sentence provided for the committed crime under the respective article or part of an article of this Code. If an article or part of an article of the Special Part of this Code refers to a factor under paragraph 1 or 2 of this article as to an element qualifying the crime, and if there are grounds under Article 55 or 63(1) of this Code, the procedure under paragraph 1 of this article shall not be taken into consideration when imposing a sentence.
Sourceshttps://hatecrime.osce.org/hate-crime-legislation-georgia