O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-12-160 (2019)

Buying or selling or offering to buy or sell the human body or parts

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or buy or sell a human fetus or any part thereof.

(b) The prohibition contained in subsection (a) of this Code section shall not apply to:

(1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair;

(2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44 or to the payment of a fee in connection with such gift or donation pursuant to subsection (b) of Code Section 44-5-154 if such fee is paid to a procurement organization, as that term is defined in Code Section 44-5-141;

(3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the person’s body;

(4) The payment of financial assistance under a plan of insurance or other healthcare coverage;

(5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or

(6) The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes.

(c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both.

History

Code 1981, § 16-12-160, enacted by Ga. L. 1986, p. 645, § 4; Ga. L. 1989, p. 456, § 1; Ga. L. 1992, p. 2946, § 1; Ga. L. 2008, p. 503, § 2/SB 405; Ga. L. 2024, p. 1052, § 3(5)/SB 448, effective July 1, 2024.

Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “healthcare” for “health care” in paragraph (b)(4).

Annotations

Cross references. Anatomical gifts, § 44-5-140 et seq. Law reviews. For note on 1989 amendment to this

Code section, see 6 Georgia St. U.L. Rev. 201 (1989).

RESEARCH REFERENCES ALR. Physician’s use of patient’s tissues, cells, or bodily substances for medical

research or economic A.L.R.5th 143.

purposes,

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Onyebuchim Onyeanusi v. Pan Am A/K/A Pan Am. World Airways, Inc, 952 F.2d 788 (3rd Cir. 1992).
Sort: Relevance Newest Treatment
Onyebuchim Onyeanusi v. Pan Am A/K/A Pan Am. World Airways, Inc, 952 F.2d 788 (3rd Cir. 1992). · cites it 2× “460 (Michie 1989); N.Y.Pub.Health Law § 4307 (McKinney 1985); 35 Pa.”
— 16-12-160(b)(5) — 1 case
Onyebuchim Onyeanusi v. Pan Am A/K/A Pan Am. World Airways, Inc, 952 F.2d 788 (3rd Cir. 1992). “460 (Michie 1989); N.Y.Pub.Health Law § 4307 (McKinney 1985); 35 Pa.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.