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Battery Protection for Elder Person and those in Assisted living facilities

Posted by Sean A. Black | Jun 20, 2019 | 0 Comments

Battery involves criminal physical contact which causes injury.  The battery statute previously provided for an enhanced penalty where the victim was a person 65 years of age or older.

The new law removes the old subsection(j) and replaces it with two different subsections.

Where a person is an employee, agent or volunteer at a long-term care facility, an assisted living community, a personal care home, or a home health or hospice care service, and commits a battery against a person receiving services of that business, that person shall be punished as a felony with a sentence of 1-5 years or a fine of not more than $2,000 or both.

It also adds what might be called the little league umpire protection act. If the victim is a sports official officiating an amateur contest or entering or exiting the property where such officiating will occur, then the punishment becomes a misdemeanor of a high and aggravated nature. This applies whether the contest is at the collegiate, elementary or secondary school or recreational level.

2019-2020 Georgia HB 247
OCGA 16-5-23.1; OCGA 16-5-100

About the Author

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.


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