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2018 Georgia Code 16-5-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-5-61 Case Law from Google Scholar Amendments to OCGA 16-5-61

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 4 RECKLESS CONDUCT

16-5-61. Hazing.

  1. As used in this Code section, the term:
    1. "Haze" means to subject a student to an activity which endangers or is likely to endanger the physical health of a student, regardless of a student's willingness to participate in such activity.
    2. "School" means any school, college, or university in this state.
    3. "School organization" means any club, society, fraternity, sorority, or a group living together which has students as its principal members.
    4. "Student" means any person enrolled in a school in this state.
  2. It shall be unlawful for any person to haze any student in connection with or as a condition or precondition of gaining acceptance, membership, office, or other status in a school organization.
  3. Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

(Code 1981, §16-5-61, enacted by Ga. L. 1988, p. 694, § 1; Ga. L. 1990, p. 1690, § 1.)

Law reviews.

- For comment, " 'Am I My Brother's Keeper?,': Reforming Criminal Hazing Laws Based on Assumption of Care," see 63 Emory L. J. 925 (2014).

JUDICIAL DECISIONS

Ministerial duty of school officials.

- O.C.G.A. § 16-5-61 did not transform the discretionary policing functions of school officials into a ministerial duty to enforce the hazing prohibition. Caldwell v. Griffin Spalding County Bd. of Educ., 232 Ga. App. 892, 503 S.E.2d 43 (1998).

RESEARCH REFERENCES

ALR.

- Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity, 68 A.L.R.4th 228.

Validity, construction, and application of "hazing" statutes, 30 A.L.R.5th 683.

Tort liability for hazing or initiation rituals associated with schools, colleges, or universities, 100 A.L.R.6th 365.

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