The Crime of False Imprisonment in Georgia
StatuteWhen, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. O.C.G.A. 16-5-41(a).
CaselawDifferent from kidnapping because no element of asportation. Sallie v. State, 216 Ga. App. 502 (1995). Brief detention is sufficient. Grier v. State, 276 Ga. App. 655 (2005).
Failure to express consent or the lack thereof is not dispositive of detention in fact. Moreover, one who is asleep and not conscious of an act does not consent to the act absent other evidence of consent. Furthermore, when children are under the age of consent, their detention is presumptively against their will. Garza v. State, 285 Ga. App. 902 (2007).&ho=
Penalty1 to 10Y. O.C.G.A. 16-5-41(b).
Victim under 14 years of age and not defendant's child, then mandatory minimum of 1Y and at least 1Y probation. Id. at (c).