The Crime of Reckless Abandonment in Georgia
StatuteA parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 1Y commits the offense of reckless abandonment of a child when the person willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child. O.C.G.A. 16-5-72(a).<
CaselawIn the Interest of B.L.M., 228 Ga. App. 664 (1997), the defendant admitted giving birth to the baby, tying it up in the trash bag, and placing it on the porch where the child ultimately died. "Which results in the death of said child" means where one inflicts an unlawful injury, such injury is to be accounted as the efficient, proximate cause of death, whenever it shall be made to appear, either that (1) the injury itself constituted the sole proximate cause of the death; or that (2) the injury directly and materially contributed to the happening of a subsequent accruing immediate cause of the death; or that (3) the injury materially accelerated the death, although proximately occasioned by a pre-existing cause. The court held that although the defendant's actions were not the sole proximate cause of death, it materially contributed to or accelerated the cause of death.
Penalty10 to 25Y. O.C.G.A. 16-5-72(b).