2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 3 - Kidnapping, False Imprisonment, and Related Offenses
§ 16-5-41. False Imprisonment

1. A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
2. A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
3. Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(Laws 1833, Cobb's 1851 Digest, p. 788; Code 1863, §§ 4263, 4264; Code 1868, §§ 4298, 4299; Code 1873, §§ 4364, 4365; Code 1882, §§ 4364, 4365; Penal Code 1895, §§ 106, 107; Penal Code 1910, §§ 106, 107; Code 1933, §§ 26-1501, 26-1502; Code 1933, § 26-1308, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2006, p. 379, § 6/HB 1059.)

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

- Ga. L. 2006, p. 379, § 1/HB 1059, not codified by the General Assembly, provides that: "The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:

"(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space;

"(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;

"(3) Providing for community and public notification concerning the presence of sexual offenders;

"(4) Collecting data relative to sexual offenses and sexual offenders;

"(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and

"(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer.

"The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender."

Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).

ANALYSIS

• General Consideration
• Application
• Jury Instructions
• Sentence

OPINIONS OF THE ATTORNEY GENERAL

Sheriff subject to liability for false imprisonment for illegal arrest.

- If the sheriff, in capacity as a law enforcement officer of this state, undertakes to arrest an individual under circumstances which do not give the sheriff the authority to make arrests, it is an illegal arrest and as such may subject the sheriff to liability for false imprisonment. 1972 Op. Att'y Gen. No. 72-24.

RESEARCH REFERENCES

Am. Jur. 2d.

- 32 Am. Jur. 2d, False Imprisonment, §§ 1 et seq., 108.

False Imprisonment - Failure to Take Arrestee Before Magistrate Without Unreasonable or Unnecessary Delay, 26 POF2d 617.

Compensatory Damages for False Imprisonment, 13 POF3d 111.

- 35 C.J.S., False Imprisonment, §§ 1 et seq., 71, 72.

- False imprisonment as affected by offer to release plaintiff conditionally or temporarily, 6 A.L.R. 1475.

Civil liability of judicial officer for false imprisonment, 13 A.L.R. 1344; 55 A.L.R. 282; 173 A.L.R. 802.

Malice and want of probable cause as elements of action for false imprisonment, 19 A.L.R. 671; 137 A.L.R. 504.

Action for malicious prosecution or false arrest based on extradition proceeding, 55 A.L.R. 353.

Justification in action for false imprisonment by proof of existence of ground other than that on which arrest was made, or one of several grounds on which it was made, 64 A.L.R. 653.

Delay in taking before magistrate or denial of opportunity to give bail as supporting action for false imprisonment, 79 A.L.R. 13.

Malice and want of probable cause as element or factor of action for false imprisonment, 137 A.L.R. 504.

Liability, for false imprisonment or arrest, of a private person answering call of known or asserted peace or police officer to assist in making arrest which turns out to be unlawful, 29 A.L.R.2d 825.

False imprisonment as included offense within charge of kidnapping, 68 A.L.R.3d 828.

Principal's liability for punitive damages because of false arrest or imprisonment, or malicious prosecution, by agent or employee, 93 A.L.R.3d 826.

Liability for false arrest or imprisonment under warrant as affected by mistake as to identity of person arrested, 39 A.L.R.4th 705.

Excessiveness or inadequacy of compensatory damages for false imprisonment or arrest, 48 A.L.R.4th 165.

Penalties for common-law criminal offense of false imprisonment, 67 A.L.R.4th 1103.

Liability of police or peace officers for false arrest, imprisonment, or malicious prosecution as affected by claim of suppression, failure to disclose, or failure to investigate exculpatory evidence, 81 A.L.R.4th 1031.