2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 3 - Kidnapping, False Imprisonment, and Related Offenses
§ 16-5-43. Malicious Confinement of Sane Person in an Asylum
A person who maliciously causes the confinement of a sane person, knowing such person to be sane, in any asylum, public or private, shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than ten years.
(Ga. L. 1890-91, p. 237, § 4; Penal Code 1895, § 560; Penal Code 1910, § 575; Code 1933, § 26-1504; Code 1933, § 26-1310, enacted by Ga. L. 1968, p. 1249, § 1.)
Cross references.- Procedures for detaining persons in facilities for treatment of mental illness, § 37-3-81 et seq.
Petition for writ of habeas corpus to question cause and legality of detention in facility for treatment of mental illness, § 37-3-148.
Civil action for false arrest, false imprisonment, and malicious prosecution, T. 51, Ch. 7.
JUDICIAL DECISIONS
Convictions did not merge as a matter of fact.
- Defendant's convictions for false swearing under O.C.G.A. § 16-10-71, proven by evidence that defendant made false statements in an affidavit seeking an involuntary commitment order for the victim, and malicious confinement under O.C.G.A. § 16-5-43, supported by proof apart from the execution of the false affidavit, did not merge as a matter of fact. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).
Failure to raise void for vagueness claim not deficient performance.
- Trial counsel's failure to raise a novel legal argument, that O.C.G.A. § 16-5-43 was unconstitutionally vague, did not amount to ineffective assistance of counsel. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).
Failure to hire an expert.
- Trial counsel was not ineffective for failing to hire an expert to testify to the detrimental effects of cocaine use in a trial in which defendant was charged with violating O.C.G.A. § 16-5-43 after swearing in an affidavit that the victim was suicidal and was using crack cocaine; the relevant consideration was what defendant knew or could show concerning the victim's mental state at the time defendant had the victim confined because the defendant had not seen the victim for several months and could not have observed the victim on the date or during the time frame stated in the affidavit. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).
RESEARCH REFERENCES
C.J.S.
- 35 C.J.S., False Imprisonment, §§ 21, 23, 24.
ALR.
- Civil liability of judicial officer for false imprisonment, 55 A.L.R. 282; 173 A.L.R. 802.
Right, without judicial proceeding, to arrest and detain one who is, or is suspected of being, mentally deranged, 92 A.L.R.2d 570.
