Which of the new misdemeanor crimes the Georgia legislature created in 2018 should require fingerprinting at arrest?

Plain-English summary

The 2018 GCIC fingerprintable-offense review covered nine misdemeanors. Two were from the 2018 session, and two more were from earlier sessions that GCIC had recently flagged.

The AG designated three as fingerprintable. The most notable was the new automated license plate reader (ALPR) misuse offense, § 35-1-22(d)(1), which made it a misdemeanor of a high and aggravated nature to knowingly request, use, obtain, or attempt to obtain captured license plate data of a law enforcement agency under false pretenses or for any non-law-enforcement purpose. The ALPR misuse provision targeted both insider misuse (officers running plates for personal reasons) and outsider misuse (people obtaining ALPR data through deception).

The other two designations were the graduated tobacco-tax-evasion offenses in § 48-11-23(b)(1) (transporting 20-60 cigars or 200-599 cigarettes with intent to evade taxes, a misdemeanor) and § 48-11-23(b)(2) (transporting 60-200 cigars or 600-1999 cigarettes, a misdemeanor of a high and aggravated nature). Above those quantities, the offense became a felony.

Six offenses were not designated. The most prominent non-designation was § 40-6-241, the Hands-Free Georgia Act misdemeanor, which prohibited handheld phone use while driving. The AG treated it as a regulatory traffic offense rather than a fingerprint-worthy crime. Other non-designated offenses were the use of an emergency exit after shoplifting (§ 16-11-40), camping on the state highway right-of-way (§ 32-6-6(b)), holding out as a "Professional Land Surveyor" without compliance with Title 43, Chapter 15 (§ 43-15-30(f)), donation collection receptacle violations (§ 43-17-8.1(j)), and divulging confidential tax information (§ 48-2-15(d.1)(5)).

Currency note

This opinion was issued in 2018. 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 did the AG designate the ALPR misuse offense?
A: The offense was a misdemeanor of a high and aggravated nature with a strong privacy-protection purpose. ALPR data shows where any vehicle has been over time. Misuse can enable stalking, illegal investigations, and corruption. Fingerprinting at arrest creates the permanent record that supports background-check screening for future law enforcement positions.

Q: Why wasn't the Hands-Free Georgia Act designated?
A: § 40-6-241 was the centerpiece of Georgia's distracted-driving law, but the AG treated it as a regulatory traffic offense rather than a fingerprint-worthy crime. Most traffic violations are not fingerprintable; the Hands-Free Act fit that pattern.

Q: Why was the tobacco-tax-evasion offense designated?
A: The graduated structure of § 48-11-23 (misdemeanor for smaller quantities, aggravated misdemeanor for medium quantities, felony for larger quantities) signaled legislative seriousness about cigar and cigarette tax evasion. The AG designated both misdemeanor tiers fingerprintable to support GBI investigations of bootlegging operations.

Q: What was the emergency-door-after-shoplifting offense?
A: § 16-11-40 made it a misdemeanor to use an emergency exit door after committing or attempting to commit shoplifting under § 16-8-14. Retailers had complained that emergency doors were being used as escape routes for shoplifters; the new statute targeted that specific maneuver. The AG declined to designate it fingerprintable.

Q: What was the donation receptacle offense?
A: § 43-17-8.1 set requirements for use of donation collection bins (the bins outside stores where you drop off clothing for charity). The receptacles often misrepresented the destination of donations, especially when run by for-profit recyclers posing as charities. The 2018 amendment made certain misuses misdemeanors. The AG did not designate as fingerprintable.

Q: What did the divulging-confidential-tax-information offense cover?
A: § 48-2-15(d.1)(5) made it a misdemeanor to divulge confidential tax information in violation of the statute. The provision protected taxpayer-information confidentiality at the Department of Revenue. Not designated fingerprintable.

Background and statutory framework

The 2018 list reflects a legislative session focused on consumer protection, traffic safety, and tax compliance. The Hands-Free Georgia Act was the most visible enactment, addressing the rising death toll from distracted driving. The ALPR misuse provision in § 35-1-22 was a privacy-protection measure responding to growing public concern about license-plate-reader networks.

The graduated tobacco-tax-evasion structure in § 48-11-23 reflects the high stakes of cigarette and cigar bootlegging, which costs Georgia significant excise-tax revenue when products are imported from lower-tax states without proper Georgia tax stamps.

The non-designations reflect the AG's general posture that traffic offenses, regulatory misdemeanors with no public-safety dimension, and tax-administration violations are not appropriate triggers for fingerprinting at arrest.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33 (Crime Information Center fingerprintable-offense provisions)
- O.C.G.A. § 35-1-22 (ALPR data and misuse)
- O.C.G.A. § 40-6-241 (Hands-Free Georgia Act)
- O.C.G.A. § 48-11-23 (tobacco tax evasion)

Source

• Landing page: https://law.georgia.gov/opinions/2018-3

Original opinion text

You have requested, in your letter of July 30, 2018, my opinion concerning whether any of the following misdemeanor offenses enacted either during the 2018 Session of the General Assembly or during a previous legislative session that were recently brought to your attention should be designated as offenses for which persons charged with violations are to be fingerprinted. 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., 2017 Op. Att'y Gen. 2017‑1, 2015 Op. Att'y Gen. 2015‑2, 2014 Op. Att'y Gen. 2014‑2, 2013 Op. Att'y Gen. 2013‑4, 2012 Op. Att'y Gen. 2012‑6, 2011 Op. Att'y Gen. 2011‑5, 2011 Op. Att'y Gen. 2011‑1. The offenses under review from the 2018 Session of the General Assembly include: O.C.G.A. § 16‑11‑40 (using an emergency door after having violated O.C.G.A. § 16‑8‑14); O.C.G.A. § 32‑6‑6(b) (knowingly using any portion of a road on the state highway system for camping); O.C.G.A. § 35‑1‑22(d)(1) (knowingly requesting, using, or obtaining captured license plate data of a law enforcement agency under false pretenses or for purposes other than for a law enforcement purpose); O.C.G.A. § 40‑6‑241 (violation of the "Hands-Free Georgia Act"); O.C.G.A. § 43‑15‑30(f) (holding oneself out as a Professional Land Surveyor without having complied with the chapter); O.C.G.A. § 43‑17‑8.1(j) (violation of the requirements for use of collection receptacles for donations); and O.C.G.A. § 48‑2‑15(d.1)(5) (divulging confidential tax information). Offenses from previous legislative sessions that were recently brought to your attention include: O.C.G.A. § 48‑11‑23(b)(1) (transporting tobacco products with intent to evade taxes (20‑60 cigars or 200‑599 cigarettes)); and O.C.G.A. § 48‑11‑23(b)(2) (transporting tobacco products with intent to evade taxes (60‑200 cigars or 600‑1999 cigarettes)). The first misdemeanor offense at issue is O.C.G.A. § 16‑11‑40. This Code section provides that it shall be a misdemeanor to use an emergency exit door after having violated O.C.G.A. § 16‑8‑14, which concerns theft by shoplifting. 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. § 32‑6‑6(b). This Code section provides that it shall be a misdemeanor for any person to knowingly use any portion of a road on the state highway system or any property owned by the Department of Transportation for camping. 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 third misdemeanor offense is O.C.G.A. § 35‑1‑22(d)(1). This Code section provides that it shall be a misdemeanor of a high and aggravated nature for any person to knowingly request, use, obtain, or attempt to obtain the captured license plate data of a law enforcement agency under false pretenses or for any other purpose other than a law enforcement purpose. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 35‑1‑22(d)(1) as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 40‑6‑241. This Code section provides that it shall be a misdemeanor to violate the "Hands-Free Georgia Act" (2018 Ga. Laws 127). 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 fifth misdemeanor offense is O.C.G.A. § 43‑15‑30(f). This Code section provides that it shall be a misdemeanor for any person to offer services to the public using the name, verbal claim, sign, advertisement, directory listing, letterhead, or the words "Professional Land Surveyor," "Professional Land Surveyors," "Land Surveyor," or "Land Surveyor" unless that person has complied with the provisions contained in Title 43, Chapter 15. 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. § 43‑17‑8.1. This Code section provides that it shall be a misdemeanor to violate the requirements for the use of collection receptacles for donations 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 seventh misdemeanor offense is O.C.G.A. § 48‑2‑15(d.1)(5). This Code section provides that it shall be a misdemeanor for any person to divulge confidential tax information in violation of 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 eighth misdemeanor offense is O.C.G.A. § 48‑11‑23(b)(1), which provides that it shall be a misdemeanor to transport tobacco products (20‑60 cigars or 200‑599 cigarettes) with the intent to evade taxes. The ninth misdemeanor offense is O.C.G.A. § 48‑11‑23(b)(2), which provides that it shall be a misdemeanor of a high and aggravated nature to transport tobacco products (60‑200 cigars or 600‑1999 cigarettes) with the intent to evade taxes. Given the graduated nature of the offenses contained in this Code section, I hereby designate any misdemeanor offenses arising under O.C.G.A. §§ 48‑11‑23(b)(1) and 48‑11‑23(b)(2) 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: Rebecca Dobras Assistant Attorney General