TITLE 16
CRIMES AND OFFENSES
Section 5. Crimes Against the Person, 16-5-1 through 16-5-110.
ARTICLE 8
PROTECTION OF ELDER PERSONS
16-5-103. Exceptions to criminal liability.
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An owner, officer, administrator, board member, employee, or agent of a long-term care facility shall not be held criminally liable for the actions of another person who is convicted pursuant to this article unless such owner, officer, administrator, board member, employee, or agent was a knowing and willful party to or conspirator to the abuse or neglect, as defined in Code Section 30-5-3, or exploitation of a disabled adult, elder person, or resident.
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A violation of this article shall not give rise to a private cause of action or civil remedies under subsection (b) or (c) of Code Section 16-14-6 against a long-term care facility or any owner, officer, employee, operator, or manager of such facility. Nothing in this subsection shall limit the criminal or civil remedies available to the state pursuant to state law.
(Code 1981, §16-5-103, enacted by Ga. L. 2013, p. 524, § 1-1/HB 78; Ga. L. 2015, p. 598, § 1-2/HB 72.)
Effective date.
- This Code section became effective July 1, 2013.
The 2015 amendment,
effective July 1, 2015, designated the previously existing provisions of this Code section as subsection (a) and added subsection (b).
Law reviews.
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For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).
