O.C.G.A.

O.C.G.A. § 3-3-25 (2019)

Sale of or furnishing alcoholic beverages to prisoners or

✓ 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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inmates of places of confinement; introduction or possession of alcoholic beverages at Georgia War Veterans Home. (a) No person knowingly and intentionally shall: (1) Offer for sale, sell, barter, exchange, give, provide, or furnish alcoholic beverages to any person confined in any jail, penal institution, correctional facility, or other lawful place of confinement; or (2) Introduce or possess any alcoholic beverages in the buildings of the Georgia War Veterans Home operated for the use and care of disabled war veterans. (b) Nothing contained in this Code section shall prevent or prohibit: (1) The administration of alcohol by the staff of the institutions provided for in subsection (a) of this Code section to any prisoner, patient, or lawful inmate in strict compliance with the prescription of a licensed physician; or (2) The staff members of the Georgia War Veterans Home who maintain their domicile on the grounds of such institution from possessing alcoholic beverages for their own consumption or for that

of their families or persons invited to their homes, except patients or lawful inmates of such institution. (c) No person shall knowingly allow any other person to violate this Code section.

History

Ga. L. 1874, p. 92, § 1; Ga. L. 1875, p. 328, § 1; Code 1882, § 1374a; Penal Code 1895, § 437; Penal Code 1910, § 437; Code 1933, § 58-607; Ga. L. 1977, p. 183, § 1; Ga. L. 1977, p. 1247, § 1; Code 1933, § 5A-512, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2015, p. 81, § 2/HB 85.

Annotations

Cross references. - Restriction on

sale of spirituous beverages at or near armories, camps, and other facilities of the organized militia or other place where the force is performing military duty, § 38-2-306. Furnishing of alcoholic beverages to inmates of correctional institutions, § 42-5-18.

JUDICIAL DECISIONS Sale to persons confined to county correctional institute. - Evidence was wholly insufficient to support the appellant’s conviction for selling alcoholic bev-

erages to persons confined to county correctional institute. Baumgartner v. State, 201 Ga. App. 877, 412 S.E.2d 874 (1991).

RESEARCH REFERENCES ALR. - Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902. Validity, construction, and application

of state statute criminalizing possession of contraband by individual in penal or correctional institution, 45 A.L.R.5th 767.

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: Baumgartner v. State, 412 S.E.2d 874 (Ga. Ct. App. 1991).

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Baumgartner v. State, 412 S.E.2d 874 (Ga. Ct. App. 1991). · cites it 4× “” The statute which the appellant was accused of violating was OCGA § 3-3-25 (a) (1) (A), which specifies, in pertinent part, that “[n]o person knowingly and intentionally shall .”

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.