2025 Georgia Codes – Page 27

(a) A person commits the offense of kidnapping when such person abducts or steals away another person
without lawful authority or warrant and holds such other person against his or her will.
(b)(1) For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any
such slight movement of another person which occurs while in the commission of any other offense shall
not constitute the offense of kidnapping if such movement is merely incidental to such other offense.
(2) Movement shall not be considered merely incidental to another offense if it:
(A) Conceals or isolates the victim;
(B) Makes the commission of the other offense substantially easier;
(C) Lessens the risk of detection; or
(D) Is for the purpose of avoiding apprehension.
(c) The offense of kidnapping shall be considered a separate offense and shall not merge with any other
offense.
(d) A person convicted of the offense of kidnapping shall be punished by:
(1) Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was
14 years of age or older;
(2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and
not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is
under 14 years of age;
(2.1)(A) As used in this paragraph, the term “sexual felony” shall have the same meaning as set forth in
paragraph (2) of subsection (j) of Code Section 16-5-21.
(B) Any person having been previously convicted of a sexual felony who is convicted of the offense of
kidnapping which involves a victim who is under 14 years of age, except by a parent, shall be punished
by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life.
As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in
paragraph (14) of subsection (a) of Code Section 42-8-35;
(3) Life imprisonment or death if the kidnapping was for ransom; or
(4) Life imprisonment or death if the person kidnapped received bodily injury.
(e) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punish-
ment provisions of Code Sections 17-10-6.1 and 17-10-7.
(f) The offense of kidnapping is declared to be a continuous offense, and venue may be in any county where
the accused exercises dominion or control over the person of another.

(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another,
he arrests, confines, or detains such person without legal authority.
(b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less
than one nor more than ten years.
(c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the
victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions
of Code Section 17-10-6.2.

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.