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Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 4. ACTIVE DUTY POWERS

38-2-305. Authority of commanding officer to order vicinity of jail, building, or other place, off limits to unauthorized personnel; arrest; penalty.

Active

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

  1. (a)

    The commanding officer of any force of the organized militia guarding any jail, building, or other place or escorting any prisoner or performing any other act of duty may, if he deems it advisable, prescribe a reasonable distance in the vicinity of the jail, building, or other place, or escort of the prisoner within which unauthorized persons shall not come. Any person coming within the limits so prescribed may be placed in arrest by the military authorities.#

  2. (b)

    Any person coming within the limits prescribed by the commanding officer of any body or force of the organized militia under subsection (a) of this Code section without the permission of the officer, or refusing to depart after being ordered to do so, 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.#

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

Ga. L. 1916, p. 158, § 3; Code 1933, §§ 86-1403, 86-9909; Ga. L. 1951, p. 311, §§ 24, 57; Ga. L. 1955, p. 10, §§ 102, 116.

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 t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, pages 441 to 442; merge action: carried; file SHA-256 4eed692485f5.