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., 2019 Op. Att’y Gen. 2019-3; 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.

 

The offenses under review from the 2020 Session of the General Assembly include: O.C.G.A. § 16‑6‑5.1(b.1) (any foster parent knowingly engaging in sexually explicit conduct with his or her current foster child); O.C.G.A. § 16‑6‑5.1(c.1) (any foster parent knowingly engaging in sexual contact with his or her current foster child); and O.C.G.A. § 16-11-92(b) (intentionally coercing another individual over the age of 18 to distribute any photograph, video, or other image that depicts any individual in a state of nudity or engaged in sexually explicit conduct).

 

The first misdemeanor offense is O.C.G.A. § 16‑6‑5.1(b.1).  This Code section provides that when any foster parent knowingly engages in sexually explicit conduct, as defined in O.C.G.A.  § 16-12-100, with his or her current foster child, that person has committed the offense of improper sexual contact by a foster parent 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.1) and 16‑6‑5.1(f)(2) as offenses for which those charged are to be fingerprinted.

 

The second misdemeanor offense is O.C.G.A. § 16‑6‑5.1(c.1). This Code section provides that when any person knowingly engages in sexual contact, excluding sexually explicit conduct, with his or her current foster child, that person has committed the offense of improper sexual contact by a foster parent 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 by a foster parent in the second degree, that person 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 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(g)(2).   I hereby designate any misdemeanor offenses arising under O.C.G.A. §§ 16‑6‑5.1(c.1) and 16-6-5.1(g) and under O.C.G.A. §§ 16‑6‑5.1(c.1) and 16‑6‑5.1(g)(2) as offenses for which those charged are to be fingerprinted.

 

The third misdemeanor offense is O.C.G.A. § 16-11-92(b).  This Code section provides that when any person intentionally coerces– orally, in writing, or electronically– another individual who is more than 18 years of age to distribute any photograph, video, or other image that depicts any individual in a state of nudity or engaged in sexually explicit conduct, that person has committed the offense of sexual extortion, which is a misdemeanor of a high and aggravated nature pursuant to O.C.G.A. § 16-11-92(c)(1). Upon a second or subsequent conviction of sexual extortion, that person shall be guilty of a felony pursuant to O.C.G.A. § 16-11-92(c)(2).   I hereby designate misdemeanor offenses arising under O.C.G.A. § 16-11-92(b) 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