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O.C.G.A. § 31-23-9 — Penalty | Georgia Code
O.C.G.A. § 31-23-9 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 31 HEALTH

Section 23. Eye Banks, 31-23-1 through 31-23-9.

ARTICLE 3 OFFENSES

31-23-9. Penalty.

  1. It shall be unlawful:
    1. For any person to sell either his eyes or any parts thereof or the eyes or any parts thereof of another person or to receive any remuneration for the giving of a human eye or any part thereof;
    2. For the person or persons operating and maintaining any eye bank to sell any donated eye or donated part thereof or knowingly to extract, remove, or take possession of any human eye or part thereof for which any person received compensation or remuneration; or
    3. For any person or persons to establish or operate any eye bank without approval of the department or otherwise not in accordance with this chapter.
  2. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1961, p. 582, § 9; Code 1933, § 88-2009, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1982, p. 1499, § 5.)

JUDICIAL DECISIONS

Action for damage to a corpse.

- In an action regarding the alleged removal of eye tissue from a corpse without permission, even if the corneal tissue held pecuniary value, plaintiff could not sue for its recovery on the basis of contract. Bauer v. North Fulton Med. Ctr., Inc., 241 Ga. App. 568, 527 S.E.2d 240 (1999).

RESEARCH REFERENCES

Am. Jur. 2d.

- 22A Am. Jur. 2d, Dead Bodies, §§ 38, 42, 81.

C.J.S.

- 25A C.J.S., Dead Bodies, § 27 et seq.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.