Introduction

This article examines Georgia statutes concerning private security personnel authority and use of force limitations in the context of concert venue security.

Scenario

A security guard works at a concert venue on Coliseum Drive in Macon, Georgia. During the event, the guard observes a patron attempting to enter a restricted area without proper credentials. The guard physically restrains the patron, throwing them to the ground and continuing to apply force after the patron stops resisting. The patron sustains injuries from the guard’s actions. Witnesses confirm the patron posed no physical threat.

Georgia Law

Use of Force in Defense of Self or Others

Georgia Code § 16-3-21(a): “A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.”

Private Security Registration

Georgia Code § 43-38-2(8): “‘Security guard’ means any person who is employed to perform the functions of observation, detection, reporting, or notification of appropriate authorities or designated agents regarding persons or property on the premises he is employed to protect.”

Assault and Battery

Georgia Code § 16-5-23(a): “A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a security guard using excessive force at a concert venue in Macon, Georgia. Georgia Code § 16-3-21 limits justified use of force to necessary defense. Georgia Code § 16-5-23 defines assault and battery. These statutes establish the framework for security guard force limitations under Georgia law.

FAQ

Q: What does Georgia Code § 16-3-21(a) permit regarding use of force? A: Georgia Code § 16-3-21(a) permits force “when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force.”

Q: How does Georgia Code § 43-38-2 define a security guard? A: Georgia Code § 43-38-2(8) defines a security guard as a person “employed to perform the functions of observation, detection, reporting, or notification of appropriate authorities or designated agents regarding persons or property on the premises he is employed to protect.”

Q: What constitutes simple battery under Georgia Code § 16-5-23? A: Georgia Code § 16-5-23(a) states battery occurs when someone “Intentionally makes physical contact of an insulting or provoking nature with the person of another” or “Intentionally causes physical harm to another.”

Q: Where are use of force statutes found in the Georgia Code? A: Use of force statutes are found in Georgia Code Title 16, Chapter 3.

Q: Does Georgia Code § 51-1-2 apply to security personnel? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.