Aiding or Permitting Another to Escape Lawful Custody or Confinement

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Against Public Administration
  5. Escape and Other Offenses Related to Confinement
  6. Aiding or Permitting Another to Escape Lawful Custody or Confinement

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  1. A person who knowingly aids another in escaping from lawful custody or from any place of lawful confinement shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
  2. A peace officer or employee of any place of lawful confinement who recklessly permits any person in his custody to escape is guilty of a misdemeanor.

(Laws 1833, Cobb's 1851 Digest, p. 807; Code 1863, §§ 4376, 4377, 4379; Code 1868, §§ 4414, 4415, 4417; Code 1873, §§ 4482, 4483, 4485; Ga. L. 1876, p. 112, § 2; Code 1882, §§ 4482, 4483, 4483b, 4485; Penal Code 1895, §§ 312, 313, 315, 317; Penal Code 1910, §§ 317, 318, 320, 322; Code 1933, §§ 26-4505, 26-4506, 26-4508, 26-4510; Ga. L. 1955, p. 578, § 2; Code 1933, § 26-2502, enacted by Ga. L. 1968, p. 1249, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Force permitted in arresting persons reasonably suspected of aiding escape.

- If correctional officer reasonably believes persons in aircraft landing inside perimeter of correctional facility are aiding or attempting to aid an escape, then the officer is entitled to make an arrest of those persons. To effectuate this arrest the officer is justified in using reasonable force. 1981 Op. Att'y Gen. No. 81-90.

Extent to which force may be utilized in disabling aircraft landing inside perimeter of correctional facility. See 1981 Op. Att'y Gen. No. 81-90.

Maintenance by Georgia Crime Information Center of records regarding violations of provisions regarding aiding or permitting escape. See 1976 Op. Att'y Gen. No. 76-33.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Escape, § 9.

C.J.S.

- 30A C.J.S., Escape and Related Offenses; Rescue, § 24 et seq.

ALR.

- What justifies escape or attempt to escape, or assistance in that regard, 70 A.L.R.2d 1430.

Escape or prison breach as affected by means employed, 96 A.L.R.2d 520.

When statute of limitation begins to run on charge of obstructing justice or of conspiracy to do so, 77 A.L.R.3d 725.

Immunity of public officer from liability for injuries caused by negligently released individual, 5 A.L.R.4th 773.


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