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O.C.G.A. § 4-3-12 — Permitting livestock to run at large or stray; releasing impounded livestock; penalty | Georgia Code

O.C.G.A. § 4-3-12 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 4 ANIMALS

Section 3. Livestock Running at Large or Straying, 4-3-1 through 4-3-12.

4-3-12. Permitting livestock to run at large or stray; releasing impounded livestock; penalty.

Any owner of livestock who intentionally or knowingly permits the same to run at large or stray upon the public roads of this state or any property not belonging to the owner of the livestock unless by permission of the owner of such property, or any person who shall release livestock, after being impounded, without authority of the impounder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding $500.00, or by both fine and imprisonment.

(Ga. L. 1953, Jan.-Feb. Sess., p. 380, § 12; Ga. L. 1953, Nov.-Dec. Sess., p. 395, § 6.)

JUDICIAL DECISIONS

Relationship to other statutes.

- Appellate court held that O.C.G.A. § 4-3-3 was not a penal statute and it reversed the trial court's judgment convicting defendant and defendant's spouse who were charged under § 4-3-3 instead of O.C.G.A. § 4-3-12. Cotton v. State, 263 Ga. App. 843, 589 S.E.2d 610 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, § 34 et seq.

C.J.S.

- 3B C.J.S., Animals, §§ 303, 304, 305, 307, 308.

ALR.

- Scienter as condition of liability for damage by trespassing animals other than dogs, 33 A.L.R. 1305.

Owner's liability, under legislation forbidding domestic animals to run at large on highways, as dependent on negligence, 34 A.L.R.2d 1285.

Liability of owner of animal for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 29 A.L.R.4th 431.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, 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.