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2018 Georgia Code 16-10-23 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 10. Offenses Against Public Administration, 16-10-1 through 16-10-98.

ARTICLE 2 OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES

16-10-23. Impersonating a public officer or employee.

A person who falsely holds himself out as a peace officer or other public officer or employee with intent to mislead another into believing that he is actually such officer commits the offense of impersonating an officer and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.

(Code 1933, § 26-2405, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1986, p. 1059, § 1.)

Cross references.

- Criminal penalty for false representation as representative of peace officer organization for purposes of soliciting donations, selling advertising, and other activities, § 16-9-57.

Impersonation of law enforcement officer by use of motor vehicle or motorcycle designed, equipped, or marked so as to resemble motor vehicle or motorcycle belonging to law enforcement agency, § 40-6-395.

JUDICIAL DECISIONS

Applicability to public employees.

- Habeas court erred in finding that O.C.G.A. § 16-10-23 was vague and ambiguous as applied to a person charged with impersonating an employee of the Department of Family and Children Services; the statute clearly gave notice that the statute applied to public employees as well as public officers, and the statute's purpose was served by including employees. Kennedy v. Carlton, 294 Ga. 576, 757 S.E.2d 46 (2014).

O.C.G.A.

§ 16-10-23 does not require victim be misled. - Defendant's contention that, because the victims never believed that defendant was a police officer, the evidence was insufficient to support a conviction of impersonating a police officer was without merit because the crime does not require that the victims actually be misled. Self v. State, 245 Ga. App. 270, 537 S.E.2d 723 (2000).

Because defendant kicked in the door of a home while shouting that the defendant was a "federal agent," fired a shotgun through a door, shooting off a victim's thumb, inserted the barrel of the shotgun in the same man's mouth, and demanded money, which the victims turned over, two codefendants identified defendant as the user of the shotgun, and defendant's DNA was found on a ski mask recovered from the getaway car and defendant's fingerprints were found on the car, evidence supported convictions for armed robbery, possession of a weapon during the commission of a crime, aggravated assault, burglary, aggravated battery, and impersonating an officer. Garrison v. State, 276 Ga. App. 243, 622 S.E.2d 910 (2005).

Conduct of accomplice.

- Evidence that the defendant's accomplice represented to the victims that they were police officers was sufficient to establish the defendant's guilt of the crime of impersonating a police officer. Murray v. State, 269 Ga. 871, 505 S.E.2d 746 (1998).

Evidence sufficient for conviction.

- See Williams v. State, 178 Ga. App. 80, 342 S.E.2d 18 (1986); Walker v. State, 225 Ga. App. 19, 482 S.E.2d 515 (1997); Sweeney v. State, 233 Ga. App. 862, 506 S.E.2d 150 (1998); Thompson v. State, 240 Ga. App. 26, 521 S.E.2d 876 (1999); Stewart v. State, 240 Ga. App. 375, 523 S.E.2d 592 (1999).

When the defendant failed to provide an investigating officer with the required documentation to prove that the defendant was a sheriff's deputy, and a telephone call to the sheriff's department confirmed that the defendant was no longer employed, when coupled with a sheriff commander's testimony that the defendant's employment had long been terminated, such evidence was sufficient to sustain the defendant's conviction for impersonating a peace officer. Cain v. State, 259 Ga. App. 634, 577 S.E.2d 860 (2003).

Evidence that defendant and another person burst into a home after they had lured the victim brandishing an automatic gun and wearing black t-shirts that said "Sheriff," handcuffed the victim, took the victim's money, and forced the victim to write a bill of sale for the victim's motorcycle was sufficient to support convictions for robbery by intimidation, O.C.G.A. § 16-8-41(a), false imprisonment, O.C.G.A. § 16-5-41(a), aggravated assault with a deadly weapon, O.C.G.A. § 16-5-21(a)(2), and impersonating a peace officer, O.C.G.A. § 16-10-23. Powers v. State, 303 Ga. App. 326, 693 S.E.2d 592 (2010).

Evidence that the defendant phoned an officer and self-identified as an "agent," used common police terminology, and told the officer that the Metro Atlanta Human Trafficking Task Force got the case was sufficient to support the defendant's conviction for impersonating a peace officer. Libri v. State, 346 Ga. App. 420, 816 S.E.2d 417 (2018).

Defendant's identification as an investigator to a missing child's mother was sufficient to support a conviction for impersonating a peace officer. Libri v. State, 346 Ga. App. 420, 816 S.E.2d 417 (2018).

Cited in In the Interest of B.M., 289 Ga. App. 214, 656 S.E.2d 855 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 32 Am. Jur. 2d, False Pretenses, § 16.

C.J.S.

- 35 C.J.S., False Pretenses, §§ 7, 8.

ALR.

- Intent as affecting false personation, as regards criminal offense, 97 A.L.R. 1510.

Cases Citing O.C.G.A. § 16-10-23

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Kennedy v. Carlton, 294 Ga. 576 (Ga. 2014).

Cited 21 times | Published | Supreme Court of Georgia | Feb 24, 2014 | 757 S.E.2d 46, 2014 Fulton County D. Rep. 275

...576 S13A1717. KENNEDY v. CARLTON. HINES, Presiding Justice. This is an appeal by the Warden from the superior court’s grant of habeas corpus relief to criminal defendant Lewis Alan Carlton, based upon the court’s determination that OCGA § 16-10-23, which criminalizes impersonating an individual serving in a public capacity, is constitutionally defective as vague and ambiguous....
...as Carlton and telephoned the police. Carlton was indicted on thirteen separate counts; however, orders of nolle prosequi were entered on ten of the counts as part of a negotiated plea agreement. The remaining three counts each charged Carlton with violation of OCGA § 16-10-23 by “impersonation of public employee.” On October 11, 2012, Carlton appeared in superior court, ostensibly ready to enter an Alford1 plea on the impersonation counts....
...At the October 15 hearing, Carlton repeatedly expressed to the superior court his concern and understanding that he would retain the right to attack the statute’s legality, stating, “I want to be very clear that I’m not waiving away my right to the habeas corpus to challenge the OCGA § 16-10-23, impersonating a public officer.” Carlton then petitioned the superior court in the county in which he was incarcerated for a writ of habeas corpus, initially asserting ineffective assistance of counsel and violation of his ri...
...25 (91 SCt 160, 27 LE2d 162) (1970). 2 counts of an indictment which failed to establish a crime. However, he amended his petition so that what remained for the habeas court’s consideration was a due process argument and his challenge to OCGA § 16-10-23. In a June 11, 2013 order, the habeas court granted Carlton’s petition for writ of habeas corpus, ruling that OCGA § 16-10-23 failed to adequately hold itself out as applicable to public employees as opposed to public officers, and thus, the statute “did not provide [Carlton] with the appropriate notice that he could be criminally responsible for impersonating a Department of Family and Children Services Employee.” 1. As a threshold matter, contrary to the contention of the Warden, Carlton has not waived his challenge to OCGA § 16-10-23....
...Carlton made the challenge prior to the entry of his pleas, and expressly attempted to reserve it following his pleas. Compare Kolokouris v. State, 271 Ga. 597 (523 SE2d 311) (1999). Moreover, the gravamen of Carlton’s challenge is that inasmuch as OCGA § 16-10-23 failed to adequately give notice that his conduct was criminal, the statute is fatally flawed, and the counts in his indictment, to which he pled, failed to charge him with any crime....
...The gravamen of Carlton’s challenge on habeas corpus was that the indictment did not charge him with a crime as it only criminalizes impersonating an “officer,” while he impersonated an “employee.” However, the Warden is correct that the habeas court erred in finding that OCGA § 16-10-23 is vague and ambiguous in this regard. OCGA § 16-10-23, which is captioned “Impersonating a public officer or employee,” consists of a single sentence: A person who falsely holds himself out as a peace officer or other public officer or employee with intent...
...which is forbidden. Dunn v. State, 286 Ga. 238, 241 (1) (686 SE2d 772) (2009). Indeed, if the phrase in a statute challenged as vague has a commonly understood meaning, it is sufficiently definite to satisfy due process concerns. Id. OCGA § 16-10-23 specifies that it is a crime for an individual to falsely hold himself or herself out as a public employee, with the intent to mislead another into believing that he or she is actually such person....
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Pryor Org., Inc. v. Stewart, 554 S.E.2d 132 (Ga. 2001).

Cited 14 times | Published | Supreme Court of Georgia | Oct 1, 2001 | 274 Ga. 487, 2001 Fulton County D. Rep. 2934

...When the actual officers arrived and determined that Mr. Pryor was not authorized to make the stop, they arrested him for impersonating a police officer and a public official. On this evidence, it is clear that Mr. Pryor violated the spirit, if not the letter, of OCGA §§ 16-10-23, 40-6-395(c)(2) and 40-8-90(a)....
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Murray v. State, 505 S.E.2d 746 (Ga. 1998).

Cited 13 times | Published | Supreme Court of Georgia | Oct 5, 1998 | 269 Ga. 871

...after the robbery. 4. Contrary to Murray's argument, the evidence that his accomplice represented to the victims that he and Murray were police officers was sufficient to establish Murray's guilt of the crime of impersonating a police officer. OCGA § 16-10-23 ("A person who falsely holds himself out as a peace officer ......
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Ward, Comm'r v. Carlton, 868 S.E.2d 194 (Ga. 2022).

Published | Supreme Court of Georgia | Jan 19, 2022 | 313 Ga. 333

...impermissibly successive, despite his two earlier habeas cases in Chatham County and Wheeler County. In Carlton’s first habeas case, the Chatham County Superior Court had granted him relief based on its determination that the statute he had pled guilty to violating, OCGA § 16-10-23, was unconstitutionally vague, but this Court reversed that decision....