2025 Georgia Codes – Page 39

16-5-102.1

Trafficking a disabled adult, elder person, or resident

16-5-103

Elder abuse - Liability for acts of another person

Liability for acts of another person

(a) An owner, officer, administrator, board member, employee, or agent of a long-term care facility shall not
be held criminally liable for the actions of another person who is convicted pursuant to this article unless
such owner, officer, administrator, board member, employee, or agent was a knowing and willful party to or
conspirator to the abuse or neglect, as defined in Code Section 30-5-3, or exploitation of a disabled adult,
elder person, or resident.
(b) A violation of this article shall not give rise to a private cause of action or civil remedies under subsection
(b) or (c) of Code Section 16-14-6 against a long-term care facility or any owner, officer, employee, operator,
or manager of such facility. Nothing in this subsection shall limit the criminal or civil remedies available to
the state pursuant to state law.
Chapter 6
Sexual Offenses

16-6-1

Rape

Sex offenses - Rape

(a) A person commits the offense of rape when he has carnal knowledge of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex
organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge
of rape.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without
parole, by 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. Any person convicted under this
Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections