Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 5. CRIMES AGAINST THE PERSON · Article 3. KIDNAPPING, FALSE IMPRISONMENT, AND RELATED OFFENSES

16-5-42. False imprisonment under color of legal process.

Active

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

When the arrest, confinement, or detention of a person by warrant, mandate, or process is manifestly illegal and shows malice and oppression, an officer issuing or knowingly and maliciously executing the same shall, upon conviction thereof, be removed from office and punished by imprisonment for not less than one nor more than ten years.

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

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

Laws 1833, Cobb’s 1851 Digest, p. 788; Code 1863, § 4265; Code 1868, § 4300; Code 1873, § 4366; Code 1882, § 4366; Ga. L. 1895, p. 63, §§ 1, 2; Penal Code 1895, § 108; Penal Code 1910, § 108; Code 1933, § 26-1503; Code 1933, § 26-1309, enacted by Ga. L. 1968, p. 1249, § 1.

Cross references

Civil action for false imprisonment, § 51-7-20 et seq.

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, pages 922 to 923; merge action: carried; file SHA-256 7e331f0ca7d3.