Which of the new misdemeanor crimes the Georgia legislature created in 2012 should require fingerprinting at arrest?

Plain-English summary

Georgia's Crime Information Center collects and stores fingerprints for every offense the General Assembly has identified as fingerprintable. For misdemeanors, the statute also lets the Attorney General designate additional offenses as fingerprintable under O.C.G.A. § 35-3-33(a)(1)(A)(v). After each legislative session, the Deputy Director of the GCIC asks the AG which of the new misdemeanors should be added to the fingerprint list.

For the 2012 session, the AG reviewed sixteen new misdemeanor statutes and designated thirteen of them as fingerprintable. The designations covered the dangerous-dog regime in O.C.G.A. § 4-8 (registration, notification, and restraint), the entire scrap-metal-recycler scheme aimed at copper theft (O.C.G.A. §§ 10-1-351 to 10-1-359.1), fourth-degree forgery for checks under $1,500 in fictitious names, both laser-device offenses (against officers and against aircraft), and the prohibition on penal employees soliciting or accepting fees for attorneys retained by inmates.

The AG declined to designate the catchall Motor Carrier Act violations, the motor-carrier kickback offense, the household-goods carrier advertising offense, and the watercraft capacity-plate manufacturing offense. The opinion gave essentially the same explanation for each non-designation: the violation did not appear to be one for which fingerprinting was required at that time.

Currency note

This opinion was issued in 2012. 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.

Common questions

Q: Why does it matter whether a misdemeanor is "fingerprintable"?
A: Fingerprinting at arrest creates a permanent state and federal record tied to the offense. Convictions on fingerprintable offenses follow the person through background checks, employment screens, and law enforcement databases. Non-fingerprintable misdemeanors typically generate only a paper court record.

Q: Did the AG designate every dangerous-dog misdemeanor in the 2012 package?
A: Yes, all three: § 4-8-27 (failure to maintain a registration certificate for a dangerous or vicious dog), § 4-8-28 (failure to notify animal control about the dog's status), and § 4-8-29 (failure to restrain a dangerous dog).

Q: Why were the scrap-metal-recycler offenses designated?
A: Copper-wire and burial-object theft was a documented problem in 2012. The AG designated all five new recycler offenses, including documentation requirements (§ 10-1-351, § 10-1-352, § 10-1-353), the prohibition on operating between 7 p.m. and 7 a.m. or providing false information (§ 10-1-359), and the yearly registration requirement (§ 10-1-359.1).

Q: Why weren't the new motor carrier offenses designated as fingerprintable?
A: The opinion did not give a detailed reason. It said only that motor-carrier violations did not "at this time, appear to be" offenses for which fingerprinting was required. The AG essentially flagged them as primarily administrative rather than criminal in character.

Q: What was the laser-pointer offense?
A: Two separate misdemeanors. § 16-10-34 made it a misdemeanor of a high and aggravated nature to project a laser device upon a law enforcement officer. § 16-11-45 made it a misdemeanor to aim or project a laser at an aircraft or its flight path. Both were designated fingerprintable. (The opinion's text refers to § 16-10-45, but the substantive analysis is consistent with § 16-11-45.)

Q: What did "forgery in the fourth degree" cover?
A: Under § 16-9-1(e), it was a misdemeanor to make, alter, possess, utter, or deliver a check under $1,500 in a fictitious name or as if signed by another. It also covered possession of fewer than ten such blank checks. The AG designated this offense fingerprintable.

Background and statutory framework

The Georgia Crime Information Act in O.C.G.A. § 35-3-33 organizes how Georgia collects and indexes criminal-history records. Felonies and certain enumerated misdemeanors are automatically fingerprintable. For other misdemeanors, the AG decides on a year-by-year basis after reviewing each new statute.

The 2012 list shows the legislature's priorities that year. The dangerous-dog package responded to high-profile attacks. The metal-recycler package responded to a wave of copper-wire and grave-decoration theft. The forgery-in-the-fourth-degree provision filled a gap for low-dollar fictitious checks that had been hard to charge under existing forgery tiers. The laser provisions responded to a national rise in laser strikes against pilots.

When the AG declined to designate an offense as fingerprintable, the practical effect was that an arrest on that charge alone would not generate a fingerprint card to GCIC. A subsequent AG could revisit the designation if enforcement experience showed it was warranted.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33 (Crime Information Center fingerprintable-offense provisions)
- O.C.G.A. §§ 4-8-27 through 4-8-29 (dangerous-dog regime)
- O.C.G.A. §§ 10-1-351 through 10-1-359.1 (secondary metals recyclers)
- O.C.G.A. § 16-9-1 (forgery)
- O.C.G.A. § 16-10-34 (laser device against officer)
- O.C.G.A. § 16-11-45 (laser against aircraft)
- O.C.G.A. § 42-1-11.2 (penal employee soliciting attorney for inmate)

Source

• Landing page: https://law.georgia.gov/opinions/2012-6

Original opinion text

You have requested, in your letter of September 27, 2012, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2012 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. § 4‑8‑27 (Registration Requirements for Dog Classified as Dangerous or Vicious); O.C.G.A. § 4‑8‑28 (Notification Requirements for Owner of Classified Dog); O.C.G.A. § 4‑8‑29 (Restraint Requirements for Dangerous Dogs); O.C.G.A. §10‑1‑351 (Documentation Requirements on Secondary Metals Recyclers for the Purchase of Coil and Copper Wire); O.C.G.A. § 10‑1‑352 (Requirements on Secondary Metals Recyclers for the Purchase of Burial Objects); O.C.G.A. § 10‑1‑353 (Record Keeping Requirements for Secondary Metal Recyclers); O.C.G.A. § 10‑1‑359 (Restriction on Hours of Operation for Secondary Metal Recyclers and Prohibition on Providing False Information to a Secondary Metal Recycler); O.C.G.A. § 10‑1‑359.1 (Yearly Registration Requirements for Secondary Metal Recyclers); O.C.G.A. § 16‑9‑1(e) (Forgery – Fourth Degree); O.C.G.A. § 16‑10‑34 (Use of Laser Device Against Law Enforcement Officer); O.C.G.A. § 16‑11‑45 (Use of Laser Against an Aircraft); O.C.G.A. § 40‑1‑50 (Violations of the Georgia Motor Carrier Act of 2012); O.C.G.A. § 40‑1‑128 (Receiving Kickbacks or Rebates from Rates and Fares Established by Motor Carrier Compliance Division); O.C.G.A. § 40‑1‑129(b) (Certification of Household Goods Carriers); O.C.G.A. § 42‑1‑11.2 (Advice to Inmates on Employment of an Attorney by Penal Employees Prohibited); O.C.G.A. § 52‑7‑51 (Displaying Watercraft Information on a Capacity Plate). In addition to the list of fingerprintable offenses mandated by statute, O.C.G.A. § 33‑3‑33(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. § 4‑8‑27. That Code section provides that it shall be a misdemeanor to possess a dog classified as dangerous or vicious within this state without a certificate of registration, which must to be renewed on an annual basis. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 4‑8‑27 as offenses for which those charged are to be fingerprinted. The second misdemeanor offense is O.C.G.A. § 4‑8‑28. That Code section provides that it shall be a misdemeanor for an owner of a classified dog to fail to notify animal control if the dog is on the loose or has attacked a human, has a new owner, or moves to a different jurisdiction within the State. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 4‑8‑28 as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 4‑8‑29. That Code section provides that it shall be a misdemeanor of a high and aggravated nature for an owner of a dangerous dog to fail to restrain a dangerous dog while off the owner's premises as set forth in subsections (a) (1) through (a) (3) of that code section and as set forth in subsections (b) (1) (A) and (b) (1) (B) while on the owner's property. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 4‑8‑29 as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 10‑1‑351. That Code section provides that it shall be a misdemeanor for a secondary metals recycler to purchase coil or copper unless it is purchased from a contractor licensed pursuant to Chapter 14 of Title 43, a seller with verifiable documentation as to the origins of the coil or copper, or a secondary metals recycler who provides appropriate documentation. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑351 as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 10‑1‑352. That Code section provides that it shall be a misdemeanor for a secondary metals recycler to purchase a burial object unless purchased from a seller who meets the documentation requirements as provided in that Code section. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑352 as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 10‑1‑353. That Code section provides that secondary metal recyclers must maintain a legible record of all purchase transactions which shall include the information listed in subsections (a)(1) through (a)(12) and subsection (c) of that code section. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑353 as offenses for which those charged are to be fingerprinted. The seventh misdemeanor offense is O.C.G.A. § 10‑1‑359. That Code section provides that it shall be a misdemeanor for secondary metal recyclers to engage in the sale or purchase of regulated metal property between the hours of 7 p.m. and 7 a.m. That Code section further provides that it shall be a misdemeanor to provide false information to a secondary metal recycler as part of a purchase transaction. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑359 as offenses for which those charged are to be fingerprinted. The eighth misdemeanor offense is O.C.G.A. § 10‑1‑359.1. That Code section provides that it shall be a misdemeanor of a high and aggravated nature for a secondary metal recycler to purchase regulated metal property without being registered with the county sheriff as required in that code section. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 10‑1‑359.1 as offenses for which those charged are to be fingerprinted. The ninth misdemeanor offense is O.C.G.A. § 16‑9‑1(e). That Code section provides that it shall be a misdemeanor for any person with intent to defraud to knowingly make, alter, possess, utter, or deliver any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. That code section further provides that it shall be a misdemeanor for any person to possess less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑9‑1(e) as offenses for which those charged are to be fingerprinted. The tenth misdemeanor offense is O.C.G.A. § 16‑10‑34. That Code section provides that it shall be a misdemeanor of a high and aggravated nature for any person to project any laser device upon a law enforcement officer. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑10‑34 as offenses for which those charged are to be fingerprinted. The eleventh misdemeanor offense is O.C.G.A. § 16‑10‑45. That Code section provides that it shall be a misdemeanor for any person to aim or project a laser upon an aircraft or at the flight path of an aircraft. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑11‑45 as offenses for which those charged are to be fingerprinted. The twelfth misdemeanor offense is for violations of the Georgia Motor Carrier Act of 2012, O.C.G.A. § 40‑1‑50 through O.C.G.A. § 40‑1‑57. O.C.G.A. § 40‑1‑55 provides that it shall be a misdemeanor for any person to violate or fail to comply with the provisions of Article 3 of Chapter 1 of Title 40, relating to the regulation of motor carriers and limousine carriers. An offense arising from a violation of one of these Code sections does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating these offense as ones for which those charged are to be fingerprinted. The thirteenth misdemeanor offense is O.C.G.A. § 40‑1‑128. That Code section provides that it shall be a misdemeanor for any officer, agent, or employee of any corporation, and any other person knowingly to accept or receive any rebate or drawback from the rates, fares, or charges established or approved by the department for motor carriers of passengers or household goods, or for such person to procure, aid, or abet therein. That Code section further provides that it shall be a misdemeanor for any person to use or accept from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the department, or for such person to procure, aid, or abet therein. 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. § 40‑1‑129(b). That Code section provides that it shall be a misdemeanor for any person, firm, or corporation knowingly and willfully to advertise or hold out to the public that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the department of public safety. 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. § 42‑1‑11.2. That Code section provides that it shall be a misdemeanor for any employee of a penal institution to give advice to an inmate regarding the name or the employment of an attorney at law in any case or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 42‑1‑11.1 as offenses for which those charged are to be fingerprinted. The sixteenth misdemeanor offense is O.C.G.A. § 52‑7‑51. That Code section provides that it shall be a misdemeanor to manufacture, sell, or offer for sale in this state any watercraft to which a capacity plate has not been attached. 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: ASHLEY L. CULBERSON Assistant Attorney General