O.C.G.A. § 16-10-23 (2019)

Annotations

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. Imperson-

ation 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). 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.