---
title: O.C.G.A. § 38-2-304. Duty of citizens to disperse when shot fired or missile thrown; penalty; felony upon failure to disperse after order.
collection: code
id: 38-2-304
cite_as: O.C.G.A. § 38-2-304 (2025)
canonical_url: https://georgiacommons.org/code/38-2-304
md_url: https://georgiacommons.org/code/38-2-304.md
text_url: https://georgiacommons.org/code/38-2-304/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=441
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/38-2.md
previous: https://georgiacommons.org/code/38-2-303.md
next: https://georgiacommons.org/code/38-2-305.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / ACTIVE DUTY POWERS
---

# O.C.G.A. § 38-2-304. Duty of citizens to disperse when shot fired or missile thrown; penalty; felony upon failure to disperse after order.

(a) Whenever any shot is fired or missile thrown at, against, or upon any force of the organized militia or against any officer or member thereof assembling or assembled for the purpose of performing any duties under this chapter, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or the missile thrown to disperse immediately and retire therefrom without awaiting any order to do so.

(b) Any person failing to retire immediately from any assemblage after a shot has been fired or a missile thrown in any manner mentioned in subsection (a) of this Code section shall be guilty of a misdemeanor; and any person so remaining in the assemblage after being duly commanded to disperse as provided in Code Section 38-2-303 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

## History

Ga. L. 1916, p. 158, § 3; Code 1933, §§ 86-1307, 86-9907; Ga. L. 1951, p. 311, §§ 5, 55; Ga. L. 1955, p. 10, §§ 101, 115.

## Cross References

Rioting generally, § 16-11-30. Unlawful assembly, § 16-11-33.