O.C.G.A.

O.C.G.A. § 16-5-44 (2019)

Hijacking an aircraft

✓ 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.

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(a) A person commits the offense of hijacking an aircraft when he (1) by use of force or (2) by intimidation by the use of threats or coercion places the pilot of an aircraft in fear of immediate serious bodily injury to himself or to another and causes the diverting of an aircraft from its intended destination to a destination dictated by such person.

(b) The offense of hijacking is declared to be a continuing offense from the point of beginning, and jurisdiction to try a person accused of the offense of hijacking shall be in any county of this state over which the aircraft is operated.

History

Code 1933, § 26-3301, enacted by Ga. L. 1969, p. 741, § 1.

Annotations

Cross references. - Time limitation on prosecutions for crimes, § 17-3-1.

JUDICIAL DECISIONS Punishment of death does not invariably violate the Constitution. Gregg v. Georgia, 428 U.S. 153, 96 S. Ct. 2909, 49 L. Ed. 2d 859 (1976).

Cited in Bradshaw v. State, 284 Ga. 675, 671 S.E.2d 485 (2008).

RESEARCH REFERENCES Am. Jur. 2d. - 8A Am. Jur. 2d, Aviation, § 215. 61 Am. Jur. 2d, Piracy, § 5. Am. Jur. Proof of Facts. - Proof of Liability for Air Crash, 51 POF3d 81. ALR. - Liability of air carrier for damage or injury sustained by passenger as result of hijacking, 72 A.L.R.3d 1299.

Validity, construction, and application of provisions of Federal Aviation Act (49 USCS Appx § 1472(i)-(l), (n)) punishing air piracy and certain acts aboard aircraft in flight, or boarding aircraft, 109 A.L.R. Fed. 488.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1999–2022 · leading case: Garcia-Jarquin v. State, 878 S.E.2d 200 (Ga. 2022).

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Garcia-Jarquin v. State, 878 S.E.2d 200 (Ga. 2022). · cites it 8× “And although the Supreme Court’s decision in Kennedy sharply limited the range of offenses for which the death penalty is available, the Court’s dicta in that case at least left open the possibility that the offenses of aircraft hijacking (OCGA § 16-5-44 (c)) and treason (OCGA §…”

Bradshaw v. State, 671 S.E.2d 485 (Ga. 2008). · cites it 4× “Life imprisonment is the only punishment available for the crimes of hijacking an aircraft (OCGA § 16-5-44 (c)) and kidnapping for ransom or kidnapping with bodily injury not resulting in death.”

Jones v. Garner, 164 F.3d 589 (11th Cir. 1999). “§ 16-5-40; hijacking an aircraft, see Ga.Code Ann. § 16-5-44; more than one count of child molestation, see Ga.”

— 16-5-44(c) — 1 case

Bradshaw v. State, 671 S.E.2d 485 (Ga. 2008). “Life imprisonment is the only punishment available for the crimes of hijacking an aircraft (OCGA § 16-5-44 (c)) and kidnapping for ransom or kidnapping with bodily injury not resulting in death.”

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.