Which of the new misdemeanor crimes the Georgia legislature created in 2019 should require fingerprinting at arrest?

Plain-English summary

The 2019 GCIC fingerprintable-offense review covered nine new misdemeanors. The AG designated seven and declined to designate two.

Designated:

The false-report-to-the-Agricultural-Commodity-Commission-for-Propane offense (§ 2-8-218(a)) was designated even though related general violations of Article 6 of Title 2, Chapter 8 were not. The AG distinguished between willful, fraudulent reporting (sufficiently culpable for fingerprinting) and general regulatory violations (not sufficiently culpable).

The battery-against-a-sports-official offense (§ 16-5-23.1(k)) was a misdemeanor of high and aggravated nature for committing battery against a sports official while officiating an amateur contest. Designated.

The new improper-sexual-contact-by-employee-or-agent offenses (§ 16-6-5.1) had a graduated structure. Sexually explicit conduct was a felony (§ 16-6-5.1(b), (f)) unless the Romeo-and-Juliet carve-out applied (victim 14-20, defendant 21 or younger, not more than 48 months older), in which case it was a misdemeanor under § 16-6-5.1(f)(2). Sexual contact was a misdemeanor of high and aggravated nature (§ 16-6-5.1(c), (g)), with a similar Romeo-and-Juliet misdemeanor carve-out. The AG designated all the misdemeanor variants.

The false emergency-services request offense (§ 16-10-28, sometimes called "swatting") was designated. The 2019 amendment substantially broadened the offense to cover knowingly transmitting (in any manner) a request for emergency services without reasonable grounds, including the use of any electronic device to alter or conceal the location or identity of the requester. This was Georgia's response to swatting calls that had resulted in deaths nationally.

The kratom-to-minors offense (§ 16-13-121) made it a misdemeanor to sell or transfer possession of kratom to a person under 18 or for any person under 18 to possess kratom. Kratom is the tropical evergreen mitragyna speciosa, native to Southeast Asia. Designated.

The Georgia Massage Therapy Practice Act violation (§ 43-24A-15(a)) was designated. The Act has a graduated penalty structure (misdemeanor first offense, aggravated misdemeanor second, felony third).

Not designated:

The general Propane Commodity Commission violation (§ 2-8-218(b)) was treated as primarily regulatory and not designated.

The new restriction on towing or immobilizing vehicles in paid private parking lots between midnight and 9:00 a.m. (§ 40-11-17) was not designated. Like other parking-and-towing offenses, the AG treated it as primarily regulatory.

Currency note

This opinion was issued in 2019. 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 sports-official battery offense?
A: § 16-5-23.1(k), a misdemeanor of high and aggravated nature, made it illegal to commit battery against a sports official while the official is officiating an amateur contest, or while on or exiting the officiating property. The provision responded to a wave of attacks on referees, particularly at youth sporting events.

Q: Who is covered by the improper-sexual-contact-by-employee-or-agent offense?
A: § 16-6-5.1(b)(1)-(7) and (c)(1)-(7) list specific categories of victims. The provisions target sexual contact in inherently coercive relationships (e.g., probation officer with probationer, hospital employee with patient). The Romeo-and-Juliet carve-out applies when both parties are young and close in age.

Q: What's the swatting offense?
A: The 2019 amendment to § 16-10-28 expanded the false-emergency-request misdemeanor to capture swatting (calls falsely reporting emergencies, often using spoofed caller IDs to direct armed response to an unsuspecting victim). The misdemeanor of high and aggravated nature targeted the conduct broadly.

Q: What is kratom?
A: A tropical evergreen native to Southeast Asia. It contains the alkaloid mitragynine, which can have stimulant or sedative effects. It is sold in Georgia (and many other states) but is regulated. The 2019 misdemeanor in § 16-13-121 prohibits sale to or possession by minors.

Q: Why wasn't the new private parking lot overnight towing restriction designated?
A: § 40-11-17 made it a misdemeanor to tow or immobilize a vehicle in a paid private parking lot between midnight and 9:00 a.m. The AG treated it as a regulatory commercial-conduct violation, not a fingerprint-worthy offense.

Q: What is the Massage Therapy Practice Act?
A: O.C.G.A. §§ 43-24A-1 through 43-24A-33 licenses massage therapists in Georgia and prohibits unlicensed practice. § 43-24A-15(a) makes any violation a misdemeanor. Subsequent offenses escalate to high-and-aggravated misdemeanor and then felony. The AG cited the graduated structure as a reason to designate.

Background and statutory framework

The 2019 list reflects two themes: protection of vulnerable populations (sports officials, minors against kratom, victims of swatting) and tightening of professional and commercial regulation (propane reporting, massage therapy practice, late-night towing).

The improper-sexual-contact-by-employee-or-agent expansion was particularly significant. The provision targets quasi-criminal sexual contact in custodial or fiduciary relationships (e.g., a corrections officer or hospital employee with someone in their care). The 2019 amendments added the structure with the Romeo-and-Juliet misdemeanor carve-outs.

The kratom-to-minors provision in § 16-13-121 was Georgia's first significant regulation of kratom. Many states have struggled with how to treat kratom (some ban it, some regulate sale, some leave it unregulated). Georgia's 2019 provision regulated sale to minors.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33 (Crime Information Center fingerprintable-offense provisions)
- O.C.G.A. § 16-5-23.1 (battery, including against sports officials)
- O.C.G.A. § 16-6-5.1 (improper sexual contact by employee or agent)
- O.C.G.A. § 16-10-28 (false emergency request)
- O.C.G.A. §§ 16-13-120 to 16-13-121 (kratom regulation)
- O.C.G.A. §§ 43-24A-1 through 43-24A-33 (Georgia Massage Therapy Practice Act)

Source

• Landing page: https://law.georgia.gov/opinions/2019-3

Original opinion text

You have requested in your letter of August 14, 2019, my opinion concerning whether any of the following misdemeanor offenses enacted during the 2019 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Pursuant to Georgia law, I make the following designations in relation to your question. Generally, under Georgia law, 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., 2018 Op. Att'y Gen. 2018‑3, 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 2019 Session of the General Assembly include: O.C.G.A. § 2‑8‑218(a) (willfully rendering or furnishing a false or fraudulent report to the Agricultural Commodity Commission for Propane which is required pursuant to Article 6 of Title 2, Chapter 8); O.C.G.A. § 2‑8‑218(b) (violating any provision of Article 6 of Title 2, Chapter 8 or any marketing order duly issued by the Commission); O.C.G.A. § 16‑5‑23.1(k) (committing a battery against a sports official while such sports official is officiating an amateur contest); O.C.G.A. § 16‑6‑5.1(b) (any employee or agent knowingly engaging in sexually explicit conduct with specified persons); O.C.G.A. § 16‑6‑5.1(c) (any employee or agent knowingly engaging in sexual contact with specified persons); O.C.G.A. § 16‑10‑28 (making a unlawful request for emergency services assistance under certain circumstances); O.C.G.A. § 16‑13‑121 (selling or transferring possession of kratom to, or possession of kratom by, a person under 18 years of age [1] ; O.C.G.A. § 40‑11‑17 (removing from, towing or immobilizing a motor vehicle in a private parking lot between midnight and 9:00 a.m.); and O.C.G.A. § 43‑24A‑15(a) (violating the Georgia Massage Therapy Practice Act, O.C.G.A. §§ 43‑24A‑1 through 43‑24A‑33). The first misdemeanor offense at issue is O.C.G.A. § 2‑8‑218(a). This Code section provides that it shall be a misdemeanor for any person to willfully render or furnish a false or fraudulent report, state, or record to the Agricultural Commodity Commission for Propane required pursuant to Article 6 of Title 2, Chapter 8, or to any marketing order effective under this article. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 2‑8‑218(a) as offenses for which those charged are to be fingerprinted. The second misdemeanor offense is O.C.G.A. § 2‑8‑218(b). This Code section provides that it shall be a misdemeanor for any person to violate any provision of Article 6 of Title 2, Chapter 8 or any provision of any marketing order duly issued by the Agricultural Commodity Commission for Propane under this article. Offenses arising from a violation of this Code section do not, at this time, appear to be offenses for which fingerprinting is required. I am not, at this time, designating misdemeanor offenses arising under O.C.G.A. § 2‑8‑218(b) as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16‑5‑23.1(k). This Code Section provides that it shall be a misdemeanor of a high and aggravated nature for any person to commit a battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur sports contest. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16‑5‑23.1(k) as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 16‑6‑5.1(b). This Code section provides that when any employee or agent knowingly engages in sexually explicit conduct as defined in the statute with a person whom such employee or agent knows or reasonably should have known is one of the categories of individuals listed in O.C.G.A. § 16‑6‑5.1(b)(1)‑(7), that employee or agent has committed the offense of improper sexual contact by employee or agent in the first degree, which is a felony pursuant to O.C.G.A. § 16‑6‑5.1(f). If, however, at the time of the offense, the victim of the offense is at least 14 years of age but less than 21 years of age and the defendant is 21 years of age or younger and is not more than 48 months older than the victim, such person shall be guilty of misdemeanor pursuant to O.C.G.A. § 16‑6‑5.1(f)(2). I hereby designate any misdemeanor offenses arising under O.C.G.A. §§ 16‑6‑5.1(b) and 16‑6‑5.1(f)(2) as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 16‑6‑5.1(c). This Code section provides that when any employee or agent knowingly engages in sexual contact, excluding sexually explicit conduct, with another person whom such employee or agent knows or reasonably should have known is one of the categories of individuals listed in O.C.G.A. § 16‑6‑5.1(c)(1)‑(7), that employee or agent has committed the offense of improper sexual contact by employee or agent in the second degree, which is a misdemeanor of a high and aggravated nature pursuant to O.C.G.A. § 16‑6‑5.1(g), unless the child is under the age of 16 years, which is a felony as provided by O.C.G.A. § 16‑5‑6.1(g)(2). Upon a second or subsequent conviction of improper sexual contact in the second degree, that employee or agent shall be guilty of a felony pursuant to O.C.G.A. § 16‑6‑5.1(g)(3). If, however, at the time of the offense, the victim of the offense is at least 14 years of age but less than 21 years of age and the employee or agent is 21 years of age or younger and is not more than 48 months older than the victim, such person shall be guilty of misdemeanor pursuant to O.C.G.A. § 16‑6‑5.1(g)(2). I hereby designate any misdemeanor offenses arising under O.C.G.A. §§ 16‑6‑5.1(c) and 16-6-5.1(g) and under O.C.G.A. §§ 16‑6‑5.1(c) and 16‑6‑5.1(g)(2) as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 16‑10‑28. This Code section provides that it shall be a misdemeanor of a high and aggravated nature for any person to knowingly and intentionally transmit in any manner a request for emergency services assistance knowing at the time of the request that there is no reasonable ground for believing the truth of the information that forms the basis of such request, and the request involves or relates to a destructive device or hazardous substance, an individual who has caused or threatened to cause physical harm to him or herself or another individual with a deadly weapon, an individual who has used or threatened to use violence against another person, or the use of any electronic device to alter or conceal the location or identity of the person making the request. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16‑10‑28 as offenses for which those charged are to be fingerprinted. The seventh misdemeanor offense is O.C.G.A. § 16‑13‑121. This Code section provides that it shall be a misdemeanor for any person to sell or transfer possession of kratom to a person under 18 years of age and for any person under 18 years of age to possess kratom. I hereby designate misdemeanor offenses arising under O.C.G.A. § 16‑10‑121 as offenses for which those charged are to be fingerprinted. The eighth misdemeanor offense is O.C.G.A. § 40‑11‑17. This Code section provides that it shall be a misdemeanor for any person to remove, tow, or immobilize, or cause to be removed, towed, or immobilized a motor vehicle left in a paid private parking lot between midnight and 9:00 a.m. of the following day. Offenses arising from a violation of this Code section do not, at this time, appear to be offenses for which fingerprinting is required. I am not, at this time, designating misdemeanor offenses arising under O.C.G.A. § 40‑11‑17 as offenses for which those charged are to be fingerprinted. The ninth misdemeanor offense is O.C.G.A. § 42‑24A‑15. This Code section, along with O.C.G.A. § 42‑24A‑24(c), provides that any person, entity, or board recognized massage therapy educational program, that violates the Georgia Massage Therapy Act, O.C.G.A. §§ 42‑24A‑1 through 42‑24A‑33, shall be guilty of a misdemeanor. Upon a second conviction, such person, entity, or program shall be guilty of a misdemeanor of high and aggravated nature, and upon a third conviction, such person, entity, or program shall be guilty of a felony. O.C.G.A. § 43‑24A‑24(c). Given the graduated nature of the offenses contained in these Code sections, I hereby designate any misdemeanor offenses arising under O.C.G.A. § 42‑24A‑15 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 [1] "Kratom" is defined as "the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynine." O.C.G.A. § 16‑13‑120.