GA 16-5-40 - GA 16-5-40

Editor's notes. - Coker v. Georgia, 433 U.S. 584, 97 S. Ct. 2861 , 53 L. Ed. 2 d 982 (1977), held that imposition of the death penalty for rape where the victim is not killed is in violation of the Eighth Amendment. Eberheart v. Georgia, 433 U.S. 917, 97 S. Ct. 2994 , 53 L. Ed. 2 d 1104 (1977), citing Coker, held the death penalty for kidnapping where the victim is not killed to be in violation of the Eighth Amendment. The Supreme Court of Georgia, in Collins v. State, 239 Ga. 400 , 236 S.E.2d 759 (1977) held that the rationale of Coker must be applied also to kidnapping. Ga. L. 1994, p. 1959, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Sentence Reform Act of 1994'." Ga. L. 1994, p. 1959, § 2, not codified by the General Assembly, ...