Which of the new misdemeanor crimes the Georgia legislature created in 2016 should require fingerprinting at arrest?

Plain-English summary

After each Georgia legislative session, the Deputy Director of the Georgia Crime Information Center asks the Attorney General to designate which new misdemeanor offenses should trigger fingerprinting at arrest. For the 2016 session, the AG reviewed ten new misdemeanor statutes.

The AG designated eight as fingerprintable. The most prominent were the new "stolen valor" offenses in O.C.G.A. § 16-9-63: subsection (b) made it a misdemeanor to make a false claim of military veteran status or military decoration receipt with intent to secure a tangible benefit; subsection (c) prohibited deceptive courtroom appearance in an unauthorized military uniform or wearing a decoration not awarded to the wearer. Both were designated fingerprintable. The misdemeanor of false public alarm (§ 16-10-28) and the misdemeanor variant of terroristic threat (§ 16-11-37(d)(1)) were also designated, given their public-safety implications.

The new contact-lens-and-spectacle dispensing offense (§ 31-12-12) was designated, addressing the practice of selling lenses without a prescription or writing prescriptions without an eye exam. The over-the-counter injectable insulin resale prohibition (§ 16-13-79(e)) was designated to support drug-distribution oversight. The ignition-interlock-permit violation (§ 40-5-64.1) was designated, fitting the existing pattern of fingerprintable driving-while-suspended-type offenses. The COAM sticker-removal offense (§ 50-27-78) was designated, completing the existing pattern of COAM permit violations.

The AG declined to designate two: § 15-6-67 (fraudulent land-surveyor certification of a plat as not requiring approval) and § 25-10-2.1 (igniting fireworks while under the influence). Both were treated as primarily regulatory and not appropriate for fingerprinting at this time.

Currency note

This opinion was issued in 2017. 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: What's the "stolen valor" provision?
A: Two misdemeanors in § 16-9-63: (b) makes it a misdemeanor to falsely claim military veteran or decoration recipient status with intent to secure a tangible benefit; (c) makes it a misdemeanor to appear in court wearing a uniform or decoration not awarded to or authorized for the wearer, with intent to deceive. Subsection (d) raises the courtroom decoration variant to a misdemeanor of a high and aggravated nature.

Q: Why was the misdemeanor terroristic threat offense designated?
A: § 16-11-37(d)(1) made it a misdemeanor to commit a terroristic threat under the new statute. If the threat suggested the death of the threatened individual, it became a felony. The misdemeanor variant covered the lower-tier threats. The AG designated it fingerprintable, treating it consistently with other public-safety threat offenses.

Q: What's the contact-lens offense?
A: Under § 31-12-12, it became a misdemeanor to sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses or spectacles except as authorized by law, or to write a prescription for contact lenses or spectacles without performing an eye examination. Both are designated fingerprintable.

Q: What's the OTC insulin offense?
A: § 16-13-79(e) made it a misdemeanor to knowingly distribute or resell any nonprescription injectable insulin product first obtained through an over-the-counter sale. The statute also declared such resold insulin to be an "adulterated dangerous drug and unsalable." Designated fingerprintable.

Q: Why wasn't the surveyor offense designated?
A: The opinion gave no detailed reason, just the standard statement that the offense did not "at this time, appear to be" one for which fingerprinting was required. Fraudulent surveyor certification was treated as primarily a professional-licensing and document-fraud issue, perhaps not warranting fingerprint-level enforcement.

Q: What was the ignition-interlock-permit offense?
A: § 40-5-64.1 made it a misdemeanor to use an ignition interlock device limited driving permit in violation of the permit's terms or after revocation. Designated fingerprintable, fitting the existing pattern of driving-while-suspended-type fingerprintable offenses.

Background and statutory framework

Georgia's Crime Information Act in O.C.G.A. § 35-3-33 channels misdemeanor offenses through the AG's annual designation review. The 2016 list shows two main themes: public-safety/civil-order enforcement (false public alarms, terroristic threats, stolen valor, ignition-interlock compliance) and consumer-protection enforcement (contact lens dispensing, OTC insulin resale).

The stolen valor provisions were Georgia's response to a national wave of legislation following the U.S. Supreme Court's decision in United States v. Alvarez, 567 U.S. 709 (2012), which struck down the original federal Stolen Valor Act of 2005 on First Amendment grounds. Many states (and Congress, with the Stolen Valor Act of 2013) responded by adding specific-intent-and-tangible-benefit elements to satisfy Alvarez. Georgia's § 16-9-63(b) requires "intent to secure a tangible benefit," which tracks the Alvarez fix.

The contact-lens provision in § 31-12-12 fit a long-running tension between dispensing opticians, optometrists, and the rise of online and mail-order lens sellers. The 2016 amendment tightened enforcement by criminalizing dispensing without a prescription. (A later 2017 opinion, 2017 Op. Att'y Gen. 2017-2, would clarify that this prohibition did not foreclose the dispensing-optician's authority to duplicate lenses without a prescription under O.C.G.A. § 43-29-14(b).)

Citations and references

Statutes:
- O.C.G.A. § 35-3-33 (Crime Information Center fingerprintable-offense provisions)
- O.C.G.A. § 16-9-63 (stolen valor provisions)
- O.C.G.A. § 16-10-28 (false public alarm)
- O.C.G.A. § 16-11-37 (terroristic threat)
- O.C.G.A. § 16-13-79 (resale of OTC insulin)
- O.C.G.A. § 31-12-12 (contact lens and spectacle dispensing)
- O.C.G.A. § 40-5-64.1 (ignition interlock permit)
- O.C.G.A. § 50-27-78 (COAM sticker removal)

Source

• Landing page: https://law.georgia.gov/opinions/2017-1

Original opinion text

You have requested by letter on October 5, 2016, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2016 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. These offenses include: O.C.G.A. § 15‑6‑67 (fraudulent certification of land surveyor); O.C.G.A. § 16‑9‑63(B) (intent to secure tangible benefit by making false, fictitious, or fraudulent statement or representation that such individual is a military veteran or recipient of a military decoration); O.C.G.A. § 16‑9‑63(c) (intent to deceive by appearing in a court of this state while wearing an armed services uniform or military decoration); O.C.G.A. § 16‑10‑28 (transmission of a false public alarm); O.C.G.A. § 16‑11‑37(d)(1) (terroristic threat); O.C.G.A. § 16‑13‑79 (knowingly distribute or resell any nonprescription injectable insulin which was first obtained through an over-the counter sale made to a patient from any pharmacy, practitioner, or other source); O.C.G.A. § 25‑10‑2.1 (ignite consumer fireworks or fireworks while under the influence of alcohol or drugs); O.C.G.A. § 31‑12‑12 (restrictions on sale or dispensing of contact lenses and spectacles); O.C.G.A. § 40‑5‑64.1 (violations of an ignition interlock device limited driving permit); O.C.G.A. § 50‑27‑78 (remove or deface sticker attached to a coin-operated machine without authorization of owner or corporation). 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. § 15‑6‑67. This Code section provides that it will be a misdemeanor for any licensed surveyor to fraudulently certify that a plat of survey does not require approval as specified in this Code section. 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. § 16‑9‑63(b). This Code section provides that it will be a misdemeanor for an individual, intending to secure a tangible benefit for himself or herself, to make a false, fictitious, or fraudulent statement or representation that such individual is a military veteran or recipient of a military decoration. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑9‑63(b) as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16‑9‑63(c). This Code section provides that it will be a misdemeanor for an individual, with the intent to deceive, to appear in a court of this state while wearing a uniform of the armed forces of the United States or of the organized militia of this state if such individual is not authorized to wear such uniform or to appear in a court of this state while wearing any military decoration which was not awarded to the individual. O.C.G.A. § 16‑9‑63(d) provides that any person in violation of this Code section involving a military medal award shall be guilty of a misdemeanor of a high and aggravated nature. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑9‑63(c) as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 16‑10‑28. This Code section provides that it will be a misdemeanor to knowingly transmit, without reasonable grounds, a false public alarm relating to a destructive device or hazardous substance located in such a place that its explosion, detonation, or release would endanger human life or cause injury to property, or, relating to an individual who has caused or threatened to cause physical harm to himself or another individual by using a deadly weapon or any object, device, or instrument that is likely to result in serious bodily injury. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑10‑28 as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 16‑11‑37(d)(1). This Code section provides that it will be a misdemeanor to commit the offense of terroristic threat as defined in this Code section and, further that if the threat suggested the death of the threatened individual, that the person convicted shall be guilty of a felony. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16‑11‑37(d)(1) as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 16‑13‑79(e). This Code section provides that it will be a misdemeanor to knowingly distribute or resell any nonprescription injectable insulin product which was obtained through an over-the counter sale made to a patient from any pharmacy, practitioner, or other source and that all such injectable insulin distributed or sold in this manner is considered to be an adulterated dangerous drug and unsalable. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 16‑13‑79(e) as offenses for which those charged are to be fingerprinted. The seventh misdemeanor offense is O.C.G.A. § 25‑10‑2.1. This Code section provides that it will be a misdemeanor to ignite fireworks while under the influence of alcohol or any drug or any combination of alcohol and drug to the extent that it is unsafe for such person to ignite fireworks. 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 eighth misdemeanor offense is O.C.G.A. § 31‑12‑12. This Code section provides that it will be a misdemeanor to sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses or spectacles except as otherwise authorized by law, or to write a prescription for contact lenses or spectacles unless an eye examination is performed. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 31‑12‑12 as offenses for which those charged are to be fingerprinted. The ninth misdemeanor offense is O.C.G.A. § 40‑5‑64.1. This Code section provides that it will be a misdemeanor for any person to use an ignition interlock device limited driving permit in violation of the terms of the permit, or when the permit has been revoked. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 40‑5‑64.1.1 as offenses for which those charged are to be fingerprinted. The tenth misdemeanor offense is O.C.G.A. § 50‑27‑78. This Code section provides that it will be a misdemeanor to remove or deface a sticker which is attached to a coin operated amusement machine without authorization of the owner or the corporation. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 50‑27‑78 as offenses for which those charged are to be fingerprinted. Prepared by: Tina M. Piper Assistant Attorney General