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2018 Georgia Code 16-5-100 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-5-100 Case Law from Google Scholar Amendments to OCGA 16-5-100

TITLE 16 CRIMES AND OFFENSES

Section 5. Crimes Against the Person, 16-5-1 through 16-5-110.

ARTICLE 8 PROTECTION OF ELDER PERSONS

16-5-100. Definitions.

As used in this article, the term:

  1. "Alzheimer's disease" means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior.
  2. "Dementia" means:
    1. An irreversible global loss of cognitive function causing evident intellectual impairment which always includes memory loss, without alteration of state of consciousness, as diagnosed by a physician, and is severe enough to interfere with work or social activities, or both, and to require at least intermittent care or supervision; or
    2. The comatose state of an adult resulting from any head injury.
  3. "Disabled adult" means a person 18 years of age or older who is mentally or physically incapacitated or has Alzheimer's disease or dementia.
  4. "Elder person" means a person 65 years of age or older.
  5. "Essential services" means social, medical, psychiatric, or legal services necessary to safeguard a disabled adult's, elder person's, or resident's rights and resources and to maintain the physical and mental well-being of such person. Such services may include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards.
  6. "Exploit" means illegally or improperly using a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another person's profit or advantage.
  7. "Long-term care facility" means any skilled nursing facility, intermediate care home, assisted living community, community living arrangement, or personal care home subject to regulation and licensure by the Department of Community Health.

    (7.1) "Mentally or physically incapacitated" means an impairment which substantially affects an individual's ability to:

    1. Provide personal protection;
    2. Provide necessities, including but not limited to food, shelter, clothing, medical, or other health care;
    3. Carry out the activities of daily living; or
    4. Manage his or her resources.
  8. "Resident" means any person who is receiving treatment or care in any long-term care facility.
  9. "Sexual abuse" means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult, elder person, or resident to engage in any of the following conduct:
    1. Lewd exhibition of the genitals or pubic area of any person;
    2. Flagellation or torture by or upon a person who is unclothed or partially unclothed;
    3. Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated;
    4. Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
    5. Defecation or urination for the purpose of sexual stimulation of the viewer; or
    6. Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure.

(Code 1981, §16-5-100, enacted by Ga. L. 2013, p. 524, § 1-1/HB 78; Ga. L. 2015, p. 598, § 1-1/HB 72.)

Effective date.

- This Code section became effective July 1, 2013.

The 2015 amendment, effective July 1, 2015, added paragraph (7.1).

Cross references.

- Alzheimer's and Related Dementias State Plan, § T. 49, C. 6, Art. 8.

Editor's notes.

- Ga. L. 2013, p. 524, § 1-1/HB 78, effective July 1, 2013, redesignated former Code Section 16-5-100 as present Code Section 16-5-101.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).

Cases Citing O.C.G.A. § 16-5-100

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

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Harper v. State, 292 Ga. 557 (Ga. 2013).

Cited 23 times | Published | Supreme Court of Georgia | Feb 18, 2013 | 738 S.E.2d 584, 2013 Fulton County D. Rep. 299

...OCGA § 17-3-2.2 was enacted as part of the Georgia Protection of Elder Persons Act of 2000 (“Act”). See Ga. L. 2000, p. 1085. The Act also addressed-crimes against those persons over the age of 65 in dependent care, and crimes committed by the breach of fiduciary obligations against those over the age of 65. See OCGA §§ 16-5-100, 16-9-6....
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Wood v. State, 620 S.E.2d 348 (Ga. 2005).

Cited 6 times | Published | Supreme Court of Georgia | Sep 26, 2005 | 279 Ga. 667, 2005 Fulton County D. Rep. 2918

...is 65 years of age or older ... willfully deprives a person who is 65 years of age or older of health care, shelter, or necessary sustenance to the extent that the health or well-being of a person who is 65 years of age or older is jeopardized. OCGA § 16-5-100(a)....
...All the Justices concur. HUNSTEIN, Presiding Justice, concurring. I concur with the majority's affirmance of Wood's conviction for the felony murder of Mary Ruth Green based on the underlying felony of cruelty to a person 65 years of age or older under OCGA § 16-5-100(a). I write separately to make clear that under the express language of the statute, the statutory duty giving rise to Wood's criminal liability arises out of his relationship to Green. OCGA § 16-5-100(a) imposes criminal liability upon a "guardian or other person supervising the welfare of or having immediate charge or custody of a person who is 65 years of age or older" when the person willfully deprives such elderly person of "health...
...d in the home they shared, and he did not discuss with family members the possibility of making different arrangements for her care. Under these facts, the jury was authorized to find that Wood had immediate charge or custody of Green. Although OCGA § 16-5-100 does not define the terms "immediate charge or custody of," clearly such language was intended to include persons residing with the elder who had been entrusted with the care and custody of the elder either by express agreement or by voluntarily assuming responsibility for such care....
...Because Wood was "a person having immediate charge or custody of" the elderly Green, and he willfully deprived her of health care and necessary sustenance resulting in her death, he is criminally liable for the felony of cruelty to an elder person under OCGA § 16-5-100(a)....
...lfare of or having immediate charge or custody of a child under the age of 18 commits the offense ... when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized." [1] OCGA § 16-5-100(a) protects persons 65 years of age and older from neglect....