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2018 Georgia Code 42-5-16 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-5-16 Case Law from Google Scholar Amendments to OCGA 42-5-16

TITLE 42 PENAL INSTITUTIONS

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

ARTICLE 1 GENERAL PROVISIONS

42-5-16. Trading with inmates without consent of warden or superintendent.

It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to an inmate without the knowledge and consent of the warden, superintendent, or the designated representative in charge.

(Ga. L. 1903, p. 71, § 2; Penal Code 1910, § 1233; Code 1933, § 77-405; Ga. L. 1961, p. 45, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Paid interview with inmate.

- Interview with an inmate, for which the inmate is paid, is an illegal transaction unless consummated with the knowledge and approval of the warden or deputy warden in charge of the prisoner. 1969 Op. Att'y Gen. No. 69-299.

Payment for blood collected from inmate.

- Hospital may collect blood from an inmate and pay the inmate a fee for the blood with the approval of the appropriate warden or deputy warden. 1969 Op. Att'y Gen. No. 69-21.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60 Am. Jur. 2d, Penal and Correctional Institutions, § 95.

C.J.S.

- 72 C.J.S., Prisons and Rights of Prisoners, § 73.

Cases Citing O.C.G.A. § 42-5-16

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State v. Jefferson, 302 Ga. 435 (Ga. 2017).

Cited 15 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 387

...10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and 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 to the security of state or county correctional facilities; (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody; (H) Any offense of crimina...
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Star Residential, LLC v. Hernandez, 860 S.E.2d 726 (Ga. 2021).

Cited 6 times | Published | Supreme Court of Georgia | Jun 21, 2021 | 311 Ga. 784