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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 5. CRIMES AGAINST THE PERSON · Article 8. PROTECTION OF ELDER PERSONS

16-5-103. Exceptions to criminal liability.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    An owner, officer, administrator, board member, employee, or agent of a long-term care facility shall not be held criminally liable for the actions of another person who is convicted pursuant to this article unless such owner, officer, administrator, board member, employee, or agent was a knowing and willful party to or conspirator to the abuse or neglect, as defined in Code Section 30-5-3, or exploitation of a disabled adult, elder person, or resident.#

  2. (b)

    A violation of this article shall not give rise to a private cause of action or civil remedies under subsection (b) or (c) of Code Section 16-14-6 against a long-term care facility or any owner, officer, employee, operator, or manager of such facility. Nothing in this subsection shall limit the criminal or civil remedies available to the state pursuant to state law.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-5-103, enacted by Ga. L. 2013, p. 524, § 1-1/HB 78; Ga. L. 2015, p. 598, § 1-2/HB 72.

Law reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 63 (2015).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-2019-pdf.pdf, Volume V14, 2019 edition, page 1042; merge action: carried; file SHA-256 7e331f0ca7d3.