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Official Code of Georgia Annotated

Title 51. TORTS · Chapter 11. DEFENSES TO TORT ACTIONS · Article 2. SATISFACTION

51-11-20. Satisfaction and settlement of tort authorized; what agreements allowed where tort constitutes crime.

Active

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

  1. (a)

    If a tort does not amount to a crime, the person injured may consent to a satisfaction and settlement thereof.#

  2. (b)
    1. (1)

      If a tort amounts to a crime, the person injured may agree upon and receive compensation for the personal injury.#

    2. (2)

      However, any attempt to satisfy the public offense or to suppress a prosecution therefor is illegal and will vitiate the entire agreement, except in those cases for which the law expressly allows such a settlement. Such an attempt to satisfy or to suppress prosecution of a public offense which amounts to a felony is itself an offense under this Code; and, even if executed, an agreement to this effect shall be no defense to an action for the tort. If the offense does not amount to a felony and the agreement is fully executed, such agreement shall constitute satisfaction for the private tort.#

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

Orig. Code 1863, §§ 2986, 2987; Code 1868, §§ 2999, 3000; Code 1873, §§ 3054, 3055; Code 1882, §§ 3054, 3055; Civil Code 1895, §§ 3894, 3895; Civil Code 1910, §§ 4491, 4492; Code 1933, §§ 105-1901, 105-1902.

Cross references

Penalty for compounding a crime, § 16-10-90.

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 t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 830; merge action: carried; file SHA-256 bc30a40687b2.