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2018 Georgia Code 16-10-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-10-53 Case Law from Google Scholar Amendments to OCGA 16-10-53

TITLE 16 CRIMES AND OFFENSES

Section 10. Offenses Against Public Administration, 16-10-1 through 16-10-98.

ARTICLE 3 ESCAPE AND OTHER OFFENSES RELATED TO CONFINEMENT

16-10-53. Aiding or permitting another to escape lawful custody or confinement.

  1. A person who knowingly aids another in escaping from lawful custody or from any place of lawful confinement shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
  2. A peace officer or employee of any place of lawful confinement who recklessly permits any person in his custody to escape is guilty of a misdemeanor.

(Laws 1833, Cobb's 1851 Digest, p. 807; Code 1863, §§ 4376, 4377, 4379; Code 1868, §§ 4414, 4415, 4417; Code 1873, §§ 4482, 4483, 4485; Ga. L. 1876, p. 112, § 2; Code 1882, §§ 4482, 4483, 4483b, 4485; Penal Code 1895, §§ 312, 313, 315, 317; Penal Code 1910, §§ 317, 318, 320, 322; Code 1933, §§ 26-4505, 26-4506, 26-4508, 26-4510; Ga. L. 1955, p. 578, § 2; Code 1933, § 26-2502, enacted by Ga. L. 1968, p. 1249, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 4646 are included in the annotations for this Code section.

Preemption of section regarding parties to crimes.

- O.C.G.A. § 16-10-53(a) preempts O.C.G.A. § 16-2-20(b)(3) (aiding and abetting the commission of an offense), insofar as escape from confinement is concerned. Harden v. State, 184 Ga. App. 371, 361 S.E.2d 696 (1987).

One who knowingly aids convict either to get away or stay away violates former Penal Code 1895, § 315 (see now O.C.G.A. § 16-10-53). Smith v. State, 8 Ga. App. 297, 68 S.E. 1071 (1910).

Defendant must know of or have good reason to believe legal character of custody. Habersham v. State, 56 Ga. 61 (1876) (decided under former Code 1873, § 4646); McBryar v. McElroy, 510 F. Supp. 706 (N.D. Ga. 1981).

Questions of legality of custody are for jury. Habersham v. State, 56 Ga. 61 (1876) (decided under former Code 1873, § 4646); McBryar v. McElroy, 510 F. Supp. 706 (N.D. Ga. 1981).

Creating impediment while prisoner is still in sight constitutes violation. Perry v. State, 63 Ga. 402 (1879).

As long as prisoner is in sight, escape is not complete. Smith v. State, 8 Ga. App. 297, 68 S.E. 1071 (1910).

OPINIONS OF THE ATTORNEY GENERAL

Force permitted in arresting persons reasonably suspected of aiding escape.

- If correctional officer reasonably believes persons in aircraft landing inside perimeter of correctional facility are aiding or attempting to aid an escape, then the officer is entitled to make an arrest of those persons. To effectuate this arrest the officer is justified in using reasonable force. 1981 Op. Att'y Gen. No. 81-90.

Extent to which force may be utilized in disabling aircraft landing inside perimeter of correctional facility. See 1981 Op. Att'y Gen. No. 81-90.

Maintenance by Georgia Crime Information Center of records regarding violations of provisions regarding aiding or permitting escape. See 1976 Op. Att'y Gen. No. 76-33.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Escape, § 9.

C.J.S.

- 30A C.J.S., Escape and Related Offenses; Rescue, § 24 et seq.

ALR.

- What justifies escape or attempt to escape, or assistance in that regard, 70 A.L.R.2d 1430.

Escape or prison breach as affected by means employed, 96 A.L.R.2d 520.

When statute of limitation begins to run on charge of obstructing justice or of conspiracy to do so, 77 A.L.R.3d 725.

Immunity of public officer from liability for injuries caused by negligently released individual, 5 A.L.R.4th 773.

Cases Citing O.C.G.A. § 16-10-53

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Bradshaw v. State, 671 S.E.2d 485 (Ga. 2008).

Cited 21 times | Published | Supreme Court of Georgia | Nov 25, 2008 | 284 Ga. 675, 2008 Fulton County D. Rep. 3868

...ome of the violent crimes listed by the majority. See OCGA §§ 16-8-12 (penalties for theft), 16-9-1(b) (first degree forgery), 16-9-2(b) (second degree forgery), 16-10-50(b) (hindering apprehension or punishment of criminal), 16-10-52(b) (escape), 16-10-53(a) (aiding escape), 16-10-90(b) (compounding a felony), 16-10-94(c) (tampering with evidence of a felony), 42-1-15(h)(2) (sex offender's failure to comply with residence, employment, or loitering restrictions)....
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Glenn v. State, 849 S.E.2d 409 (Ga. 2020).

Cited 16 times | Published | Supreme Court of Georgia | Oct 5, 2020 | 310 Ga. 11

...he or she will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he or she did not intentionally fail to return. See also OCGA § 16-10-53 (“A person who knowingly aids another in escaping from lawful custody or from any place of lawful confinement shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.”). 427, 429-431...