When the arrest, confinement, or detention of a person by warrant, mandate, or process is manifestly illegal and shows malice and oppression, an officer issuing or knowingly and maliciously executing the same shall, upon conviction thereof, be removed from office and punished by imprisonment for not less than one nor more than ten years.
History. Laws 1833, Cobb’s 1851 Digest, p. 788; Code 1863, § 4265; Code 1868, § 4300; Code 1873, § 4366; Code 1882, § 4366; Ga. L. 1895, p. 63, §§ 1, 2; Penal Code 1895, § 108; Penal Code 1910, § 108; Code 1933, § 26-1503; Code 1933, § 26-1309, enacted by Ga. L. 1968, p. 1249, § 1.
Cross references.
Civil action for false imprisonment, § 51-7-20 et seq.
Structure Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 3 - Kidnapping, False Imprisonment, and Related Offenses
§ 16-5-42. False Imprisonment Under Color of Legal Process
§ 16-5-43. Malicious Confinement of Sane Person in an Asylum
§ 16-5-44. Hijacking an Aircraft
§ 16-5-44.1. Hijacking a Motor Vehicle
§ 16-5-45. Interference With Custody
§ 16-5-46. Trafficking of Persons for Labor or Sexual Servitude