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2018 Georgia Code 42-5-15 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-5-15 Case Law from Google Scholar Amendments to OCGA 42-5-15

TITLE 42 PENAL INSTITUTIONS

Section 5. Correctional Institutions of State and Counties, 42-5-1 through 42-5-125.

ARTICLE 1 GENERAL PROVISIONS

42-5-15. Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent.

  1. It shall be unlawful for any person to come inside the guard lines established at any state or county correctional institution with a gun, pistol, or any other weapon or with or under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other hallucinogenic or other drugs, without the knowledge or consent of the warden, superintendent, or his or her designated representative.
  2. Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.

(Ga. L. 1903, p. 71, § 1; Penal Code 1910, § 1232; Code 1933, § 77-404; Ga. L. 1961, p. 45, § 1; Ga. L. 1971, p. 220, § 1; Ga. L. 2017, p. 673, § 3-2/SB 149.)

The 2017 amendment, effective July 1, 2017, inserted "or her" near the end of subsection (a).

JUDICIAL DECISIONS

Sufficient evidence prison guard intended to distribute drugs in prison.

- Evidence supported convictions of possession of cocaine with intent to distribute, possession of marijuana with intent to distribute, and crossing a prison guard line with drugs when the defendant, a corrections officer, was found with a cookie box containing drugs. Although the defendant claimed to be unaware of the contents of the package, none of the people the defendant named as being involved in the transaction were proven to exist, and the jury was authorized to infer that it was unreasonable for a corrections officer to take a suspicious package from an unknown person into a prison to give to an unknown recipient; furthermore, given the large amount and variety of contraband, its high street value, and that the defendant was taking it inside a heavily guarded prison facility, the jury was authorized to infer that the defendant intended to distribute the drugs to others instead of using the drugs personally. Bradley v. State, 292 Ga. App. 737, 665 S.E.2d 428 (2008).

Cited in Cox Communications, Inc. v. Lowe, 173 Ga. App. 812, 328 S.E.2d 384 (1985); Howard v. State, 185 Ga. App. 465, 364 S.E.2d 600 (1988).

OPINIONS OF THE ATTORNEY GENERAL

Correctional staff are authorized to search visitors entering or leaving correctional institutions; these searches may be conducted by regular members of the correctional staff, properly supervised and trained; staff should conduct searches according to clear guidelines prepared for them by the Department of Offender Rehabilitation (Corrections). 1974 Op. Att'y Gen. No. 74-146.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60 Am. Jur. 2d, Penal and Correctional Institutions, §§ 70-73.

C.J.S.

- 72 C.J.S., Prisons and Rights of Prisoners, §§ 61, 62, 100-102.

Cases Citing Georgia Code 42-5-15 From Courtlistener.com

Total Results: 2

STAR RESIDENTIAL, LLC v. HERNANDEZ

Court: Supreme Court of Georgia | Date Filed: 2021-06-21

Snippet: practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating

State v. Jefferson

Court: Supreme Court of Georgia | Date Filed: 2017-10-30

Citation: 302 Ga. 435, 807 S.E.2d 387

Snippet: practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating