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Official Opinion 95-37

Official Opinion 95-37

August 22, 1995
To: 

Director
Georgia Crime Information Center

Re: 

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data.

You have recently requested my opinion concerning whether any of the ten new misdemeanor criminal offenses enacted during the 1995 session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted.

The list of offenses for which those charged with a violation are to be fingerprinted is set forth in O.C.G.A. § 35-3-33(1). In addition to those offenses specified by the General Assembly, the Attorney General may designate any other offense as one for which those charged with a violation are to be fingerprinted. O.C.G.A. § 35-3-33(1)(A)(v).

O.C.G.A. § 8-2-107 criminalizes violations of Part 6 of Chapter 2 of Title 8, part of a comprehensive regulatory scheme for the installation and maintenance of elevators, dumbwaiters, escalators, manlifts, and moving walks. This does not appear to be an offense for which fingerprinting is required by the terms of the statute, and I am not, at this time, designating this offense as one which requires fingerprinting.

O.C.G.A. § 16-7-43, as amended in 1995, increases the maximum fine from $300.00 to $1,000.00. No other change is made. This Code Section has not been previously designated as an offense for which violators must be fingerprinted, and I am not, at this time, so designating it.

O.C.G.A. § 16-11-37.1 prohibits the dissemination, by computer or computer network, of pictures, photographs, or drawings intended to promote terroristic acts. While this offense is a misdemeanor, violations of these provisions are quite serious and involve violence or the potential of violence. Therefore, I am designating the violation of O.C.G.A. § 16-11-37.1 as an offense for which those charged with a violation are to be fingerprinted.

O.C.G.A. § 16-11-39 prohibits disorderly conduct, defined as acting violently so as to place another in reasonable fear for his safety or so as to endanger another's property, to use "fighting words" without provocation, or to use obscene language in the presence of a child. While this offense is a misdemeanor, violations of these provisions are quite serious and involve violence or the potential of violence. Therefore, I am designating the violation of O.C.G.A. § 16-11-39 as an offense for which those charged with a violation are to be fingerprinted.

O.C.G.A. § 16-11-39.1 prohibits harassing phone calls, defined as telephoning another for the purpose of annoying, harassing, or molesting that person, using language on the telephone which threatens bodily harm, or intentionally failing to disconnect the connection. While this offense is a misdemeanor, violations of these provisions are quite serious and involve violence or the potential of violence. Therefore, I am designating the violation of O.C.G.A. § 16-11-39.1 as an offense for which those charged with a violation are to be fingerprinted.

O.C.G.A. § 27-3-170 prohibits feeding or baiting wild alligators. This does not appear to be an offense for which fingerprinting is required by the terms of the statute, and I am not, at this time, designating this offense as one which requires fingerprinting.

O.C.G.A. § 31-12-12 prohibits the sale or dispensing of contact lenses except by those practitioners expressly authorized to do so. This does not appear to be an offense for which fingerprinting is required by the terms of the statute, and I am not, at this time, designating this offense as one which requires fingerprinting.

O.C.G.A. § 43-47-22 provides that a violation of any provision of the the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act is a misdemeanor. These do not appear to be offenses for which fingerprinting is required by the terms of the statute, and I am not, at this time, designating them as offenses which require fingerprinting.

O.C.G.A. § 52-7-12.2(b) establishes the offense of homicide by vessel in the second degree. While this offense is a misdemeanor, violations of these provisions are quite serious, as a necessary element of the offense is the wrongful death of another. Therefore, I am designating the violation of O.C.G.A. § 52-7-12.2(b) as an offense for which those charged with a violation are to be fingerprinted.

O.C.G.A. § 52-7-12.3(b) establishes the offense of feticide by vessel in the second degree. While this offense is a misdemeanor, violations of these provisions are quite serious, as a necessary element of the offense is the wrongful death of an unborn child. Therefore, I am designating the violation of O.C.G.A. § 52-7-12.2(b) as an offense for which those charged with a violation are to be fingerprinted.

I trust that my revisions and specific designations of those additional offenses for which the Georgia Crime Information Center is authorized to gather information will assist you in discharging your duties pursuant to the Georgia Crime Information Act of 1973, as well as aid you in obtaining from the various law enforcement agencies in this state the information which is needed in order for GCIC to carry out its mandate from the General Assembly.

Prepared by:

NEAL B. CHILDERS
Senior Assistant Attorney General