Which misdemeanor offenses created in the Georgia 2005 legislative session require fingerprinting at booking, and which don't?

Plain-English summary

This is the third installment in the AG's annual GCIC fingerprintable-designation series, addressing 13 misdemeanors enacted in 2005 plus two 2004 offenses (architect/engineer and building inspector contractor-licensing) that hadn't been previously addressed.

AG Thurbert Baker designated 8 of the 15 reviewed offenses as fingerprintable. Compared to the 11-of-12 and 12-of-13 ratios in 2005-7 and 2005-8, the 2006-2 batch shows a noticeably higher rate of non-designation, about half. The pattern: violent or fraud-related conduct gets designated; pure regulatory or licensing violations generally don't.

Designated as fingerprintable:

1. O.C.G.A. § 16-9-102, deceptive commercial e-mail (spam) with graduated penalties up to felony based on volume or repeat conduct.
2. O.C.G.A. § 16-12-38(b)(3), participating in a pyramid promotional scheme (high and aggravated misdemeanor).
3. O.C.G.A. § 16-13-30.3(b.1)(6)(C), retail distributor purchasing pseudoephedrine from someone other than a licensed manufacturer or wholesaler (subsequent offenses become high and aggravated).
4. O.C.G.A. § 16-13-30.4(g)(3)(B), distributing pseudoephedrine at wholesale without proper licensing or recordkeeping (subsequent offenses become high and aggravated).
5. O.C.G.A. § 40-8-90(a)(2), using flashing/blinking/revolving/stationary blue lights on a motor vehicle (impersonation-of-law-enforcement risk).
6. O.C.G.A. § 43-4B-21(d), being a promoter of unarmed combat (graduated; misdemeanor first to felony third offense).
7. O.C.G.A. § 43-4B-53(d), convicted felon or person convicted of crime of moral turpitude involved in operation or regulation of any martial arts or wrestling business (high and aggravated misdemeanor first; felony for subsequent offenses).

Not designated as fingerprintable:

1. O.C.G.A. § 10-1-679.15, recreational vehicle dealer violations.
2. O.C.G.A. § 16-12-2(a), smoking tobacco in public places (max $500 fine).
3. O.C.G.A. § 16-12-120(a.1)(3), soliciting money, selling goods, or distributing handbills on a bus or rail car or in a transit station (max $250 or 10 days for repeat offenders).
4. O.C.G.A. § 16-13-30.3(b.1)(6)(B), selling pseudoephedrine products by self-service or in quantities of more than three packages per sale.
5. O.C.G.A. § 40-2-6.1, covering a license plate to impede surveillance equipment (max $1,000 fine).
6. O.C.G.A. § 43-21A-10, Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act violations (max $1,000 fine).
7. O.C.G.A. § 43-41-12(c), penalty for architect or engineer using non-licensed personnel.
8. O.C.G.A. § 43-41-14, penalty for issuing a building permit to an unlicensed residential or general contractor (max $500 fine).

The 2006-2 split between the two pseudoephedrine subsections is interesting: the AG designated the offense for retail distributors purchasing from unauthorized sources (§ 16-13-30.3(b.1)(6)(C)) but declined to designate the self-service-or-over-three-packages offense for retail sellers (§ 16-13-30.3(b.1)(6)(B)). The reasoning isn't fully explained, but the pattern suggests the AG saw the supply-chain-violation offense as more directly tied to organized methamphetamine production (and therefore more deserving of fingerprint tracking) than the front-counter sale-manner offense.

The blue-lights designation (§ 40-8-90(a)(2)) reflects the impersonation-of-law-enforcement concern. Civilians using emergency-style blue lights might be acting as fake cops in stops or pretexts, and fingerprinting helps build a record of repeat offenders.

The two contractor-licensing offenses from 2004 (architect/engineer using unlicensed personnel under § 43-41-12(c) and issuing permit to unlicensed contractor under § 43-41-14) were both declined. These are professional-licensing-board enforcement statutes; the AG's general pattern was to leave such offenses to the licensing boards rather than building GCIC criminal-history records around them.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The pseudoephedrine restrictions in particular have evolved substantially since 2005, both in Georgia and federally (the federal Combat Methamphetamine Epidemic Act took effect in 2006 and has been updated several times). Anyone working with current pseudoephedrine compliance should consult the present version of O.C.G.A. § 16-13-30.3 and federal regulations, not this opinion.

Common questions

Q: Why was selling pseudoephedrine in over-three-package quantities not fingerprintable, but buying from unauthorized sources was?
A: The opinion didn't elaborate, but the pattern fits an upstream-vs.-downstream policy distinction. Retailers selling too many packages at the front counter is a regulatory enforcement issue typically handled by the Pharmacy Board. A retailer buying pseudoephedrine from an unauthorized source (someone outside the licensed manufacturer/wholesaler chain) signals possible diversion to methamphetamine production: a more serious, criminal-pattern concern that warranted fingerprint tracking.

Q: What about the smoking-in-public-places statute? Why no fingerprinting?
A: The smoking-in-public-places offense was a $500-max-fine misdemeanor without any fraud, violence, or repeat-offender pattern. Fingerprinting smokers caught in non-compliant venues would consume booking resources for very little investigative value.

Q: Why fingerprint pyramid scheme participants?
A: Pyramid promotional schemes typically involve a small number of organizers and a larger pool of participants who are often both victims and perpetrators. Fingerprinting helps law enforcement identify participants who pop up in multiple schemes, which is a common pattern for organized fraud.

Q: What was the blue-lights statute targeting?
A: Civilians installing emergency-style blue lights on personal vehicles. Some used them to impersonate police officers (most concerning), some used them as anti-tailgater intimidation, some used them for illegitimate "courtesy patrol" arrangements. Fingerprinting helps build a record on repeat offenders, especially those who might be using the lights for impersonation purposes.

Q: Why was deceptive commercial e-mail (spam) treated more seriously than license plate obscuring?
A: The spam statute had graduated penalties up to felony based on volume or repeat conduct. The plate-obscuring statute capped at $1,000. Beyond the penalty difference, spam is often part of larger fraud or identity-theft operations, while plate-obscuring is more often a single-offense traffic-camera-evasion attempt. The AG's pattern was to designate offenses with felony escalation paths.

Q: Why no fingerprinting on industrial hygiene title protection?
A: That statute regulated who could call themselves an "industrial hygienist" or "health physicist": pure professional title protection, with no criminal pattern or victim-creation concerns. Title-protection statutes are generally enforced by the relevant board, not via criminal investigation.

Background and statutory framework

This is the third opinion in the AG's annual fingerprintable-offense designation series (Op. Att'y Gen. 2005-7 and 2005-8 covered 2003 and 2004 offenses respectively). The pattern across the series shows a consistent policy approach:

• Offenses involving fraud against the state (CDL fraud, tax fraud, fraudulent commercial e-mail) → designated.
• Offenses involving violence (school employee assault, family violence orders) → designated.
• Offenses involving repeat-offender patterns (pyramid schemes, payday lending, methamphetamine precursor diversion) → designated.
• Offenses involving impersonation or law enforcement impersonation risk (blue lights) → designated.
• Pure regulatory violations (smoking in public, transit solicitation, recreational vehicle dealer rules, contractor licensing, industrial hygiene title protection) → generally not designated.
• Self-service/over-three-package retail rules → not designated, even when adjacent to designated supply-chain rules.

The 8-of-15 designation rate in 2006-2 is lower than the prior years, suggesting the 2005 session produced more pure regulatory offenses and fewer offenses with criminal-pattern concerns. The AG's discretion under O.C.G.A. § 35-3-33(a)(1)(A)(v) is broad, and the pattern across the series shows that discretion being exercised consistently year over year.

The two 2004 offenses included in 2006-2 (architect/engineer and building inspector) were holdovers that hadn't been addressed in 2005-8. Their treatment as non-designated fits the broader pattern: contractor-licensing-board enforcement is left to the boards, not the GCIC criminal-history system.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33(a)(1)(A)(v) (AG designation authority)
- O.C.G.A. § 10-1-679.15 (recreational vehicle dealers)
- O.C.G.A. § 16-9-102 (deceptive commercial e-mail)
- O.C.G.A. § 16-12-2(a) (smoking in public places)
- O.C.G.A. § 16-12-38(b)(3) (pyramid promotional schemes)
- O.C.G.A. § 16-12-120(a.1)(3) (transit-related solicitation)
- O.C.G.A. § 16-13-30.3(b.1)(6)(B), (C) (pseudoephedrine sale restrictions)
- O.C.G.A. § 16-13-30.4(g)(3)(B) (pseudoephedrine wholesale licensing)
- O.C.G.A. § 40-2-6.1 (license plate obscuring)
- O.C.G.A. § 40-8-90(a)(2) (blue lights)
- O.C.G.A. § 43-4B-21(d) (promotion of unarmed combat)
- O.C.G.A. § 43-4B-53(d) (felons in martial arts/wrestling business)
- O.C.G.A. § 43-21A-10 (industrial hygiene profession)
- O.C.G.A. §§ 43-41-12(c), 43-41-14 (architect/engineer/building inspector contractor-licensing)

Source

• Landing page: https://law.georgia.gov/opinions/2006-2
• Original PDF: not linked from landing page

Original opinion text

You have requested my opinion concerning whether any of the following misdemeanor offenses enacted during the 2005 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Additionally, you have identified two statutes enacted during the 2004 Session which have not been previously addressed. The 2005 offenses include: O.C.G.A. § 10-1-679.15 (recreational vehicle dealers); O.C.G.A. § 16-9-102(a) (initiation of deceptive commercial e-mail); O.C.G.A. § 16-12-2(a) (smoking in public places); O.C.G.A. § 16-12-38(b)(3) (pyramid promotional schemes); O.C.G.A. § 16-12-120(a.1)(3) (certain acts in public transit buses, rail cars and stations); O.C.G.A. § 16-13-30.3(b.1)(6)(B) and (C) (restrictions on the sale or purchase of products containing pseudoephedrine); O.C.G.A. § 16-13-30.4(g)(3)(B) (licenses, reporting and recordkeeping requirements for products containing pseudoephedrine); O.C.G.A. § 40-2-6.1 (obscuring license plate in order to impede surveillance equipment); O.C.G.A. § 40-8-90(a)(2) (restrictions on use of blue lights on vehicles); O.C.G.A. § 43-4B-21(d) (promotion of unarmed combat); O.C.G.A. § 43-4B-53(d) (regulation of martial arts and wrestling in regard to participation by felons and persons convicted of crime of moral turpitude); and O.C.G.A. § 43-21A-10 (violations related to the regulation of the profession of industrial hygiene, health physics, and safety). The 2004 offenses include: O.C.G.A. § 43-41-12(c) (penalty for architect or engineer using non-licensed personnel); and O.C.G.A. § 43 41 14 (penalty for violations involving building inspectors). In addition to the list of fingerprintable offenses mandated 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. The first misdemeanor offense is O.C.G.A. § 10-1-679.15. That Code section provides that it shall be a misdemeanor for any person to violate provisions of an act regulating sellers of recreational vehicles. An offense arising from a violation of this Code section does not, at this time, 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 second misdemeanor offense is O.C.G.A. § 16-9-102. That Code section provides graduated penalties for deceptive commercial e-mail (spam e-mails). Offenses ripen into felonies based on the amount of e-mail sent or upon subsequent violations of the statutory scheme. I hereby designate offenses arising under O.C.G.A. § 16-9-102 as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16-12-2(a). That Code section provides that smoking tobacco in public places shall be a misdemeanor with a maximum penalty of a $500 fine. An offense arising from a violation of this Code section does not, at this time, 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 fourth misdemeanor offense is O.C.G.A. § 16-12-38(b)(3). That Code section provides that it shall be a misdemeanor of a high and aggravated nature to participate in a pyramid promotional scheme. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-12-38(b)(3) as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 16-12-120(a.1)(3). That Code section provides that it shall be a misdemeanor to solicit money, sell goods or distribute handbills on a bus or rapid transit car or in a bus or transit station. The maximum penalty for repeat offenders is a fine of $250 or imprisonment for up to ten days. An offense arising from a violation of this Code section does not, at this time, 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 sixth misdemeanor offense is O.C.G.A. § 16-13-30.3(b.1)(6)(B). That Code section provides that it shall be a misdemeanor for any person to sell products whose sole active ingredient is pseudoephedrine by self-service or in quantities of more than three packages in a single sale. The maximum penalty for subsequent offenses is six months imprisonment or a fine of up to $1,000. An offense arising from a violation of this Code section does not, at this time, 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 seventh misdemeanor offense is O.C.G.A. § 16-13-30.3(b.1)(6)(C). That Code section provides that it shall be a misdemeanor for a retail distributor to purchase pseudoephedrine from other than a licensed manufacturer or wholesaler. Subsequent offenses make the offense a misdemeanor of a high and aggravated nature. I hereby designate offenses arising under O.C.G.A. § 16-13-30.3(b.1)(6)(C) as offenses for which those charged are to be fingerprinted. The eighth misdemeanor offense is O.C.G.A. § 16-13-30.4(g)(3)(B). That Code section provides that it shall be a misdemeanor to distribute pseudoephedrine at wholesale without being properly licensed and complying with recordkeeping requirements for wholesalers. Subsequent offenses make the offense a misdemeanor of a high and aggravated nature. I hereby designate offenses arising under O.C.G.A. § 16-13-30.4(g)(3)(B) as offenses for which those charged are to be fingerprinted. The ninth misdemeanor offense is O.C.G.A. § 40-2-6.1. That Code section provides that it shall be a misdemeanor to cover a license plate with any material to impede the ability of surveillance equipment to clearly photograph the license plate. The penalty is a fine not to exceed $1,000. An offense arising from a violation of this Code section does not, at this time, 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. § 40-8-90(a)(2). That Code section provides that it shall be a misdemeanor to use flashing, blinking, revolving, or stationary blue lights on a motor vehicle. I hereby designate offenses arising under O.C.G.A. § 40-8-90(a)(2) as offenses for which those charged are to be fingerprinted. The eleventh misdemeanor offense is O.C.G.A. § 43-4B-21(d). That Code section provides that it shall be an offense to be a promoter of unarmed combat. Penalties are graduated from misdemeanor for first offense to felony for third offense. I hereby designate offenses arising under O.C.G.A. § 43-4B-21(d) as offenses for which those charged are to be fingerprinted. The twelfth misdemeanor offense is O.C.G.A. § 43-4B-53(d). That Code section provides that it shall be an offense for a convicted felon or a person convicted of a crime of moral turpitude to be involved in the operation or regulation of any martial arts or wrestling business. Penalties are graduated from misdemeanor of a high and aggravated nature for first offense to felony for second and subsequent offenses. I hereby designate offenses arising under O.C.G.A. § 43-4B-53(d) as offenses for which those charged are to be fingerprinted. The thirteenth offense is O.C.G.A. § 43-21A-10. That Code section provides that it shall be a misdemeanor to violate the "Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act." The maximum penalty is a fine not to exceed $1,000. An offense arising from a violation of this Code section does not, at this time, 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 fourteenth misdemeanor offense is O.C.G.A. § 43-41-12(c). That Code section provides that it shall be a misdemeanor to violate provisions of the licensing act regulating residential and general contractors. An offense arising from a violation of this Code section does not, at this time, 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 fifteenth misdemeanor offense is O.C.G.A. § 43-41-14. That Code section provides that it shall be a misdemeanor to issue a building permit to an unlicensed residential or general contractor. The maximum penalty is a fine not to exceed $500. An offense arising from a violation of this Code section does not, at this time, 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. I trust that my revisions of the specific designations of those offenses for which persons charged with violations are to be fingerprinted will aid you in discharging your duties pursuant to the Georgia Crime Information Act. Prepared by: JOSEPH DROLET Senior Assistant Attorney General