November 02, 2023
Official Opinion 2023-1
- To
Division Director for the Georgia Crime Information Center at GBI
- Re
2023 Update of Crimes and Offenses for Which the Georgia Crime Information Center is Authorized to Collect and File Fingerprints
You have requested in your letter of July 20, 2023, my opinion concerning whether any of the following misdemeanor offenses, some of which were enacted during the 2023 Session of the General Assembly and others which were enacted prior to that time (but for which no request for a fingerprintable designation was made), should be designated as offenses for which persons arrested or taken into custody are to be fingerprinted. Pursuant to Georgia law, I make the following designations in relation to your question.
Generally, under Georgia law, in addition to the determination of fingerprintable offenses which the General Assembly may mandate by statute, O.C.G.A. § 35‑3‑33(a)(1)(A)(v) provides that the Attorney General may designate any other offense as one for which those charged with violations are to be fingerprinted. See, e.g., 2021 Op. Att’y Gen. 2021-1; 2020 Op. Att’y Gen. 2020-4; 2020 Op. Att’y Gen. 2020-1; 2019 Op. Att’y Gen. 2019-3; 2018 Op. Att’y Gen. 2018‑3, 2017 Op. Att’y Gen. 2017‑1.
The offenses under review from the 2023 Session of the General Assembly include: O.C.G.A. §§ 10-1-351(d)(2) and (d)(3) (unlawful activities pertaining to used, detached catalytic converters or parts); O.C.G.A. § 10-1-355(d) (effective January 1, 2024, to January 1, 2026) (conditions and limitations on payments for regulated metal property); O.C.G.A. § 10-1-424.1(b) (false/misleading solicitation in media of legal services); and O.C.G.A. § 16-11-107(b) and (c) (interfering with or harming a public safety animal or search and rescue animal).
The offenses under review from prior legislative sessions include: O.C.G.A. § 10-1-351(c) (unlawful activities pertaining to used, detached catalytic converters or parts); O.C.G.A. § 10-1-424 (misrepresenting nature of business); O.C.G.A. § 10-1-425 (misrepresenting ownership in advertising liquidation, auction, or going-out-of-business sale prohibited); O.C.G.A. § 10-1-424.1 (false solicitation in media of legal services); O.C.G.A. § 10-1-427(e) (false advertising of legal services; violation of cease and desist order); O.C.G.A. § 15-19-51 (unauthorized practice of law).
The first misdemeanor offense is O.C.G.A. § 10-1-351(d)(2). This Code section makes it unlawful for any person to purchase, solicit, or advertise for the purchase of a used, detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless the person is a registered secondary metals recycler and is in compliance with all requirements in Article 14 of Chapter 1 of Title 10. A first offense is a misdemeanor, a second offense is a misdemeanor of a high and aggravated nature, and a third or subsequent offense, as well as an offense involving unlawfully obtained regulated metal property that results in property damage exceeding $1,500.00, is a felony. See O.C.G.A. § 10-1-359.2 (a). I hereby designate misdemeanor offenses arising under O.C.G.A. § 10-1-351(d)(2) as offenses for which those charged are to be fingerprinted.
The second misdemeanor offense is O.C.G.A. § 10-1-351(d)(3). This Code section makes it unlawful for any person to purchase, possess, transport, or sell a used, detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless the person is authorized to do so and possesses the required licenses, registrations, and documentation under this Code section. A first offense is a misdemeanor, a second offense is a misdemeanor of a high and aggravated nature, and a third or subsequent offense, as well as an offense involving unlawfully obtained regulated metal property that results in property damage exceeding $1,500.00, is a felony. See O.C.G.A. § 10-1-359.2 (a). I hereby designate misdemeanor offenses arising under O.C.G.A. § 10-1-351(d)(3) as offenses for which those charged are to be fingerprinted.
The third misdemeanor offense is O.C.G.A. § 10-1-355(d) (effective January 1, 2024, to January 1, 2026). This Code section makes it unlawful for a secondary metal recycler to redeem or cash any check or electronic funds transfer paid to a seller for regulated metal property or to provide or permit any mechanism on the recycler’s premises for redeeming or cashing a check or electronic funds transfer. A first offense is a misdemeanor, a second offense is a misdemeanor of a high and aggravated nature, and a third or subsequent offense, as well as an offense involving unlawfully obtained regulated metal property that results in property damage exceeding $1,500.00, is a felony. See O.C.G.A. § 10-1-359.2 (a). I hereby designate misdemeanor offenses arising under O.C.G.A. § 10-1-355(d) as offenses for which those charged are to be fingerprinted.
The fourth misdemeanor offense is O.C.G.A. § 10-1-424.1(b). This Code section includes four subsections, each of which make it unlawful for a person or entity to solicit the provision of legal services in the media in a manner that is misleading or misrepresents the services offered. Subsection (b)(1) makes it unlawful for a person or entity to misrepresent the true nature of its business by using terms to convey the impression the person or entity is entitled to practice law or to furnish legal services. Subsection (b)(2) makes it unlawful for a person or entity to represent itself as providing legal services or to use terms to convey the impression that the person or entity is entitled to practice law or furnish legal services unless such person is a licensed attorney. Subsection (b)(3) makes it unlawful to represent that a person featured in media is admitted to the Georgia Bar or can offer legal services in the state when not a duly licensed attorney. Subsection (b)(4) makes it unlawful to otherwise fail to disclose or accurately reflect the legal services of a person in the media. A violation of any of the subsections of O.C.G.A. § 10-1-424.1(b) is a misdemeanor. See O.C.G.A. § 10-1-426. An offense arising from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.
The fifth misdemeanor offense is O.C.G.A. § 16-11-107(b). This Code section makes it unlawful for a person who knows or should have known that an animal is a public safety or search and rescue animal to intentionally commit, conspire, or attempt to commit an act that frightens, agitates, harasses, or tampers with the animal, or delays, obstructs, or hinders the animal in the performance of its duty as a public safety animal or search and rescue animal. Violation of this provision is a misdemeanor for which the offender “shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both.” See O.C.G.A. § 16-11-107(b)(2). I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-11-107(b) as offenses for which those charged are to be fingerprinted.
The sixth misdemeanor offense is O.C.G.A. § 16-11-107(c). This Code section makes it unlawful for a person who knows or should have known that an animal is a public safety animal or search and rescue animal to intentionally commit, conspire, or attempt to commit an act that causes or is likely to cause physical harm, pain, or suffering to a public safety animal or search and rescue animal. A violation of this Code section is a misdemeanor of a high and aggravated nature for which the offender “shall” by punished by imprisonment for not less than six months, a fine not to exceed $5,000.00, or both. See O.C.G.A. § 16-11-107(c)(2). I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-11-107(c) as offenses for which those charged are to be fingerprinted.
The seventh misdemeanor offense is O.C.G.A. § 10-1-351(c). This Code section makes it unlawful for secondary metals recyclers to purchase a catalytic converter unless the converter is attached to a vehicle or purchased from specific types of sellers with proper documentation. A first offense is a misdemeanor, a second offense is a misdemeanor of a high and aggravated nature, and a third or subsequent offense, or an offense involving unlawfully obtained regulated metal property that results in property damage exceeding $1,500.00, is a felony. See O.C.G.A. § 10-1-359.2 (a). I hereby designate misdemeanor offenses arising under O.C.G.A. § 10-1-351(c) as offenses for which those charged are to be fingerprinted.
The eighth misdemeanor offense is O.C.G.A. § 10-1-424. This Code section makes it unlawful for a person or entity to misrepresent the nature of its business by use of the words “manufacturer,” “wholesaler,” “retailer,” or similar words, or to represent itself as selling at wholesale unless it is actually selling the items advertised at wholesale. A violation of this provision is misdemeanor. See O.C.G.A. § 10-1-426. An offense arising from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.
The ninth misdemeanor offense is O.C.G.A. § 10-1-425. This Code section makes it unlawful for any person or entity to misrepresent the nature of its business or the purpose of carrying on a liquidation sale, auction sale, or other sale which represents that the firm is going out of business. A violation of this provision is a misdemeanor. See O.C.G.A. § 10-1-426. An offense arising from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.
The tenth misdemeanor offense is O.C.G.A. § 10-1-427(e). This Code section makes it a misdemeanor for any person to violate a cease-and-desist order issued by the Attorney General pursuant to subsection (d) of the statute. Such a cease-and-desist order may be issued against anyone who violates subsection (b) of the Code section, which prohibits licensed attorneys from “solicit[ing] in any media by any misleading statement concerning legal services or concerning any circumstances or matter of fact connected with the proposed performance of legal services.” An offense arising from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.
The eleventh misdemeanor offense is O.C.G.A. § 15-19-51. Subsection (a) of this Code section makes it unlawful for any person other than a duly licensed attorney to engage in the practice of law by representing anyone other than him/herself before a judicial body, holding him/herself out to the public as entitled to practice law, furnishing or rendering legal advice, services, attorneys or counsel, using a title or words in a manner to convey the impression that s/he is entitled to practice law, or advertise that s/he maintains an office for practicing law or furnishing legal services. Subsection (b) of the Code section prohibits entities for performing any of the acts listed in subsection (a). Violation of the Code section is a misdemeanor. O.C.G.A. § 15-19-56. An offense arising from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted.
Prepared by Senior Assistant Attorney General Deborah Nolan Gore