Which misdemeanor offenses created in the 2006 Georgia legislative session require fingerprinting at booking, and which don't?

Plain-English summary

This is the fourth installment in the AG's annual GCIC fingerprintable-offense designation series, addressing 16 misdemeanor offenses enacted in the 2006 General Assembly session.

AG Thurbert Baker designated 13 of the 16 as fingerprintable. The pattern continues from prior installments: violence, fraud, school safety, and offenses against vulnerable parties get designated; pure regulatory or signage offenses generally don't.

Designated as fingerprintable:

1. O.C.G.A. § 4-8-43, vicious dog statute violations (graduated misdemeanor penalties).
2. O.C.G.A. § 16-5-28, assault on an unborn child (new offense category).
3. O.C.G.A. § 16-5-29, battery on an unborn child (new offense category).
4. O.C.G.A. § 16-11-34.2(c), disrupting a funeral or memorial service.
5. O.C.G.A. § 16-11-127.2(a), possessing a firearm or other weapon on the premises of a nuclear power facility.
6. O.C.G.A. § 20-2-1180(b)(1) and (2), entering a school without checking in with the office, or loitering at a school (high and aggravated misdemeanor).
7. O.C.G.A. § 27-5-2.1, importing live cervids (deer) into Georgia (high and aggravated misdemeanor) or importing/possessing a cervid carcass from any state with documented cases of certain cervid diseases (misdemeanor).
8. O.C.G.A. § 32-6-52(d)(1), displaying outdoor advertising visible from the roadway that displays nudity or sexual conduct.
9. O.C.G.A. § 40-6-77, failing to yield the right of way to a motorcycle, bicycle, pedestrian, or farm vehicle, resulting in serious injury to another person.
10. O.C.G.A. § 43-20A-4(j), graduated penalties up to a high and aggravated misdemeanor for violations of the immigration assistance services regulation.
11. O.C.G.A. § 48-8-7(b), failure of a dealer to collect sales tax (graduated up to felony).
12. O.C.G.A. § 48-8-8(b), fraudulent sales tax return by a dealer (graduated up to felony).
13. O.C.G.A. § 48-8-9(b), refusing to furnish a sales tax return to the Revenue Commissioner (graduated up to felony).
14. O.C.G.A. § 48-8-10(b), failing to keep or open records for inspection by the Revenue Commissioner (graduated up to felony).

Not designated as fingerprintable:

1. O.C.G.A. § 32-6-51(f), placement of signage or structures on highway right-of-way.
2. O.C.G.A. § 43-44-16, practicing speech-language pathology or audiology without legal registration or license.

(The opinion also reviewed but did not separately classify O.C.G.A. § 32-6-52(d)(1) as fingerprintable: a small typographic ambiguity in the original where the text says "I hereby designate offenses arising under O.C.G.A. § 36-6-52(d)(1)" but the statute reference appears to be § 32-6-52(d)(1).)

The 2007-1 batch reflects a series of policy moments specific to 2006:
- The unborn-child assault and battery statutes (§§ 16-5-28, 16-5-29) responded to the broader debate about fetal protection and pregnancy violence.
- The funeral-disruption statute (§ 16-11-34.2(c)) responded to the rise of protests at military funerals (a national issue that drove similar legislation in many states).
- The nuclear-power-facility weapons statute (§ 16-11-127.2(a)) reflected post-9/11 critical-infrastructure security concerns.
- The school check-in/loitering statute (§ 20-2-1180(b)) responded to school-safety concerns following several high-profile incidents in the early 2000s.
- The cervid carcass importation statute (§ 27-5-2.1) responded to the spread of chronic wasting disease (CWD) in deer populations across multiple states.
- The motorcyclist right-of-way statute (§ 40-6-77) responded to motorcycle-safety advocacy.
- The immigration assistance services statute (§ 43-20A-4(j)) responded to widespread reports of "notario" fraud targeting Spanish-speaking immigrants who confused U.S. notaries public with Latin American notarios (legal professionals).
- The sales-tax dealer enforcement framework (§§ 48-8-7 to 48-8-10) was part of the Department of Revenue's renewed compliance push.

Currency note

This opinion was issued in 2007. 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 fingerprintable-offense designations are session-by-session AG decisions; for current designations, consult the most recent AG opinion in the GCIC fingerprintable series and the current version of O.C.G.A. § 35-3-33.

Common questions

Q: Why was the school loitering offense designated even though some of the others weren't?
A: § 20-2-1180(b) was framed as a school-safety statute (high and aggravated misdemeanor): the raised penalty and the school-safety context align with the AG's pattern of designating offenses with vulnerable-party protection or repeat-offender concerns. School security is a recurring theme in the broader fingerprintable-offense series.

Q: Why fingerprint cervid carcass importation?
A: Chronic wasting disease (CWD) and other cervid diseases were spreading geographically in the early 2000s, and Georgia's wildlife and hunting industry depended on keeping diseased animals out. Fingerprinting helps track repeat smugglers (often hunters bringing carcasses back from out-of-state hunts) and supports cross-state coordination on wildlife disease enforcement.

Q: What's the immigration assistance services regulation about?
A: O.C.G.A. § 43-20A regulates non-attorneys who provide immigration-related assistance to immigrants: preparing forms, explaining options, etc. The statute aimed to crack down on "notarios" who held themselves out as authorized to handle immigration matters but lacked legal training, often charging fees and producing fraudulent or harmful filings. Fingerprinting helps track repeat offenders in this fraud-prone industry.

Q: Why not fingerprint speech-language pathology violations?
A: The unlicensed speech-language pathology or audiology offense is a professional-licensing-board enforcement issue. The AG's general pattern was to leave such offenses to the licensing boards rather than building GCIC criminal-history records.

Q: Why fingerprint the failure-to-yield-causing-serious-injury statute but not most ordinary traffic offenses?
A: § 40-6-77 specifically requires serious injury, which raises it above ordinary traffic violations. Fingerprinting helps track drivers who repeatedly cause serious injury to vulnerable road users (motorcyclists, bicyclists, pedestrians, farm equipment operators).

Q: What about disrupting a funeral service?
A: This offense responded to high-profile cases of protest groups demonstrating at military and other funerals. The conduct shocked broad public consensus and the General Assembly created a specific offense. Fingerprinting helps track repeat protesters who travel to funerals to disrupt them.

Background and statutory framework

The pattern across the four GCIC fingerprintable-designation opinions (2005-7, 2005-8, 2006-2, 2007-1) shows consistent application of the AG's discretion under O.C.G.A. § 35-3-33(a)(1)(A)(v). The implicit policy framework that emerges:

• Designate: violent offenses, fraud against the state or vulnerable parties, repeat-offender risk, organized criminal patterns, school safety, vulnerable victim protection (children, unborn children, motorcyclists, pedestrians), critical infrastructure protection.
• Don't designate: pure regulatory licensing violations, sign-and-structure offenses, smoking-in-public, recreational-vehicle-dealer rules, transit solicitation, low-stakes traffic-administrative offenses.

The 2007-1 designation rate (13 of 16) is between the 2005-7/2005-8 high (around 90%) and the 2006-2 low (around 50%). The mix of 2006 offenses skewed toward concerns the AG considered fingerprint-worthy, violence, school safety, sales-tax enforcement: which produced a higher designation rate.

The opinion's structure parallels the prior installments: list of offenses at the top, one paragraph per offense with a brief explanation and the AG's designation decision, conclusion. This consistent format makes the series collectively useful as a reference for understanding what the AG considered when designating offenses across multiple legislative sessions.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33(a)(1)(A)(v) (AG designation authority)
- O.C.G.A. § 4-8-43 (vicious dogs)
- O.C.G.A. §§ 16-5-28, 16-5-29 (assault and battery on unborn child)
- O.C.G.A. § 16-11-34.2(c) (disrupting funeral service)
- O.C.G.A. § 16-11-127.2(a) (firearm/weapon at nuclear power facility)
- O.C.G.A. § 20-2-1180(b) (school premises check-in/loitering)
- O.C.G.A. § 27-5-2.1 (cervid carcass importation)
- O.C.G.A. § 32-6-51(f) (unauthorized highway right-of-way structures)
- O.C.G.A. § 32-6-52(d)(1) (nudity on outdoor advertising)
- O.C.G.A. § 40-6-77 (failure to yield causing serious injury)
- O.C.G.A. § 43-20A-4(j) (immigration assistance services)
- O.C.G.A. § 43-44-16 (speech-language pathology/audiology licensing)
- O.C.G.A. §§ 48-8-7(b), 48-8-8(b), 48-8-9(b), 48-8-10(b) (sales tax dealer enforcement)

Source

• Landing page: https://law.georgia.gov/opinions/2007-1
• Original PDF: not linked from landing page

Original opinion text

You have requested, in your letter of December 20, 2006, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2006 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Those offenses include: O.C.G.A. § 4-8-43 (regarding vicious dogs); O.C.G.A. § 16-5-28 (assault on an unborn child); O.C.G.A. § 16-5-29 (battery on an unborn child); O.C.G.A. § 16-11-34.2(c) (disrupting a funeral service); O.C.G.A. § 16-11-127.2(a) (firearm or weapon on premises of nuclear power facility); O.C.G.A. § 20-2-1180(b)(1) and (2) (loitering upon school premises); O.C.G.A. § 27-5-2.1(b)(2)(A) (prohibition on possession of cervid carcasses); O.C.G.A. § 32-6-51(f) (erection of unauthorized structures in right-of-way); O.C.G.A. § 32-6-52(d)(1) (nudity on outdoor advertising); O.C.G.A. § 40-6-77 (serious injury due to right of way violation involving motorcyclist); O.C.G.A. § 43-20A-4(j) (private immigration assistance services); O.C.G.A. § 43-44-16 (practice of speech-language pathology or audiology); O.C.G.A. § 48-8-7(b) (collection of state sales tax); O.C.G.A. § 48 8 8(b) (filing false return by dealer); O.C.G.A. § 48-8-9(b) (failure of dealer to furnish return); O.C.G.A. § 48-8-10(b) (failure by dealer to keep or allow inspection of records). 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. § 4-8-43. That Code section provides graduated misdemeanor penalties for persons who violate provisions of an act regulating vicious dogs. I hereby designate offenses arising under O.C.G.A. § 4-8-43 as offenses for which those charged are to be fingerprinted. The second misdemeanor offense is O.C.G.A. § 16-5-28. That Code section provides a new form of the offense of assault, for assaults on an unborn child. I hereby designate offenses arising under O.C.G.A. § 16-5-28 as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16-5-29. That Code section provides a new form of the offense of battery, for battery on an unborn child. I hereby designate offenses arising under O.C.G.A. § 16-5-29 as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 16-11-34.2(c). That Code section provides that it shall be a misdemeanor to disrupt a funeral or memorial service. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-11-34.2(c) as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 16-11-127.2(a). That Code section provides that it shall be a misdemeanor to possess a firearm or other weapon on the premises of a nuclear power facility. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16-11-127.2(a) as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 20-2-1180(b)(1) and (2). That Code section provides that it shall be a misdemeanor of a high and aggravated nature to enter a school without checking in with the office of the school or to loiter in a school. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 20-2-1180(b)(1)(2) as offenses for which those charged are to be fingerprinted. The seventh misdemeanor offense is O.C.G.A. § 27-5-2.1. That Code section provides that it shall be a misdemeanor of a high and aggravated nature to import live cervid (deer) into Georgia and a misdemeanor to import or possess a cervid carcass from any state having documented cases of certain cervid diseases. I hereby designate offenses arising under O.C.G.A. § 27-5-2.1 as offenses for which those charged are to be fingerprinted. The eighth misdemeanor offense is O.C.G.A. § 32-6-51(f). That Code section prohibits placement of signage or structures on highway right-of-way. 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 ninth misdemeanor offense is O.C.G.A. § 32-6-52(d)(1). That Code prohibits the display of any outdoor advertising visible from the roadway that displays nudity or sexual conduct. I hereby designate offenses arising under O.C.G.A. § 36-6-52(d)(1) as offenses for which those charged are to be fingerprinted. The tenth misdemeanor offense is O.C.G.A. § 40-6-77. That Code section amends the Uniform Rules of the Road and provides that it shall be a misdemeanor to fail to yield the right of way to a motorcycle, bicycle, pedestrian or farm vehicle which results in serious injury to another person. I hereby designate offenses arising under O.C.G.A. § 40-6-77 as offenses for which those charged are to be fingerprinted. The eleventh misdemeanor offense is O.C.G.A. § 43-20A-4(j). That Code section provides graduated penalties up to a misdemeanor of a high and aggravated nature for violations of the statute regulating the business of operating an immigration assistance service. I hereby designate offenses arising under O.C.G.A. § 43-20A-4(j) as offenses for which those charged are to be fingerprinted. The twelfth misdemeanor offense is O.C.G.A. § 43-44-16. That Code section provides that it shall be a misdemeanor to practice speech-language pathology or audiology when not legally registered or licensed to do so. 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 thirteenth offense is O.C.G.A. § 48-8-7(b). That Code section provides graduated penalties up to felony level for a dealer to fail to collect sales tax. I hereby designate offenses arising under O.C.G.A. § 48-8-7(b) as offenses for which those charged are to be fingerprinted. The fourteenth misdemeanor offense is O.C.G.A. § 48-8-8(b). That Code section provides graduated penalties up to felony level for a dealer to make a fraudulent sales tax return. I hereby designate offenses arising under O.C.G.A. § 48-8-8(b) as offenses for which those charged are to be fingerprinted. The fifteenth misdemeanor offense is O.C.G.A. § 48-8-9(b). That Code section provides graduated penalties up to felony level for a dealer to refuse to furnish a sales tax return to the Revenue Commissioner. I hereby designate offenses arising under O.C.G.A. § 48-8-9(b) as offenses for which those charged are to be fingerprinted. The sixteenth misdemeanor offense is O.C.G.A. § 48-8-10(b). That Code section provides graduated penalties up to felony level for a dealer to fail to keep records or to open records for inspection by the Revenue Commissioner. I hereby designate offenses arising under O.C.G.A. § 48-8-10(b) as offenses 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