---
title: O.C.G.A. § 51-7-60. Preclusion of recovery for detention of person suspected of theft under certain circumstances.
collection: code
id: 51-7-60
cite_as: O.C.G.A. § 51-7-60 (2025)
canonical_url: https://georgiacommons.org/code/51-7-60
md_url: https://georgiacommons.org/code/51-7-60.md
text_url: https://georgiacommons.org/code/51-7-60/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t51-(v39)-pdf.pdf?sfvrsn=90608a4d_0#page=71
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/51-7.md
previous: https://georgiacommons.org/code/51-7-47.md
next: https://georgiacommons.org/code/51-7-61.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: TORTS / FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION / DETENTION OR ARREST ON SUSPICION OF SHOPLIFTING, THEFT, OR FILM PIRACY
---

# O.C.G.A. § 51-7-60. Preclusion of recovery for detention of person suspected of theft under certain circumstances.

Whenever the owner or operator of a retail establishment as defined in Code Section 16-7-2 or a food service establishment as defined in Code Section 26-2-370 or any agent or employee thereof detains or causes to be detained any person pursuant to Code Section 17-4-80 and any person who detains or causes to be detained a person while acting pursuant to Article 2 of Chapter 3 of Title 16 wherein the person so detained brings an action for false arrest or false imprisonment against such owner, operator, agent, employee, or person, no recovery shall be had by the plaintiff in such action when it is established by competent evidence:

(1) That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention, was committing an:

(A) Offense authorized for detention pursuant to Code Section 17-4-80; or

(B) Act which caused a detention which was justified as provided in Article 2 of Chapter 3 of Title 16; and

(2) That the manner of the detention and the length of time during which such plaintiff was detained was under all the circumstances reasonable.

## History

Ga. L. 1958, p. 693, § 1; Ga. L. 2014, p. 404, § 2-4/SB 382; Ga. L. 2021, p. 625, § 7/HB 479.

## Editor's Notes

Ga. L. 2021, p. 625, § 8/HB479, not codified by the General Assembly, provides, in part, that: “This Act shall not apply to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this Act.” This Act became effective May 10, 2021.

## Law Reviews

For note, “Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers,” see 51 Ga. L. Rev. 879 (2017).

For article, “HB 479: Repeal of Georgia’s Citizen’s Arrest Law,” see 38 Ga. St. U.L. Rev. 25 (2021).

## Amendments

The 2021 amendment, effective May 10, 2021, substituted the present provisions of the introductory paragraph for the former provisions, which read: “Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting or refund fraud and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:”, substituted the present provisions of paragraph (1) for the former provisions, which read: “That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14, or refund fraud as defined in Code Section 16-8-14; or”, and deleted “or arrest” following “detention” in paragraph (2). See Editor’s note for applicability.