O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-10-20.1 (2019)

Filing false documents

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term ‘‘document’’ means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form and shall include, but shall not be limited to, liens, encumbrances, documents of title, instruments relating to a security interest in or title to real or personal property, or other records, statements, or representations of fact, law, right, or opinion.

(b) Notwithstanding Code Sections 16-10-20 and 16-10-71, it shall be unlawful for any person to:

(1) Knowingly file, enter, or record any document in a public record or court of this state or of the United States knowing or having reason to know that such document is false or contains a materially false, fictitious, or fraudulent statement or representation; or

(2) Knowingly alter, conceal, cover up, or create a document and file, enter, or record it in a public record or court of this state or of the United States knowing or having reason to know that such document has been altered or contains a materially false, fictitious, or fraudulent statement or representation.

(c) Any person who violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than ten years, a fine not to exceed $10,000.00, or both.

(d) This Code section shall not apply to a court clerk, registrar of deeds, or any other government employee who is acting in the course of his or her official duties.

History

(Code 1981, § 16-10-20.1, enacted by Ga. L. 2012, p. 90, § 1/HB 997; Ga. L. 2014, p. 741, § 1/HB 985.)

Annotations

Cross references. - Public officers and employees, T. 45. RESEARCH REFERENCES Am. Jur. 2d. - 37 Am. Jur. 2d, Fraud and Deceit, § 137 et seq.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2018–2025 · leading case: In re Dorer, 819 S.E.2d 7 (Ga. 2018).
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In re Dorer, 819 S.E.2d 7 (Ga. 2018). · cites it 2× “According to the response filed by the State Bar of Georgia, a Houston County grand jury indicted Dorer, as well as his assistant, under OCGA § 16-10-20 (making it a felony to file false statements and writings with any state or local government agency) and OCGA § 16-10-20.1…”
In the Matter of David Thomas Dorer, 304 Ga. 442 (Ga. 2018). · cites it 2× “According to the response filed by the State Bar of Georgia, a Houston County grand jury indicted Dorer, as well as his assistant, under OCGA § 16-10-20 (making it a felony to file false statements and writings with any state or local government agency) and OCGA § 16-10-20.1…”
In the Matter of Paul Gerard Wersant (Ga. 2025). · cites it 4× “See OCGA § 16-5-45(c)(3); OCGA § 16-10-20.1(c). Wersant requests that the Court accept the voluntary surrender of his license.”
Jennifer Warner v. Jeffrey Espitia (Ga. Ct. App. 2025). · cites it 2× “Specifically, the trial court found that the predicate acts underlying Warner’s RICO claim — filing of false statements and writings (OCGA § 16-10-20) and filing false documents (OCGA § 16-10-20.1) — were “specific intent crimes and require that a person knowingly and willfully…”
Massey v. Duke Builders, Inc, 849 S.E.2d 186 (Ga. 2020). · cites it 2× “(b) At the end of its discussion about the continued validity of the lien, the Court of Appeals indicated that the trial court should direct that the lien be amended, saying: “Here, because the lost profits amount was easily determined, the trial court erred by invalidating the…”
— 16-10-20.1(c) — 1 case
In the Matter of Paul Gerard Wersant (Ga. 2025). “See OCGA § 16-5-45(c)(3); OCGA § 16-10-20.1(c). Wersant requests that the Court accept the voluntary surrender of his license.”
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