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2018 Georgia Code 16-10-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-10-30 Case Law from Google Scholar Amendments to OCGA 16-10-30

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

16-10-30. Refusal to obey official request at fire or other emergency.

A person in a gathering who refuses to obey the reasonable official request or order of a peace officer or firefighter to move, for the purpose of promoting the public safety by dispersing those gathered in dangerous proximity to a fire or other emergency, is guilty of a misdemeanor.

(Code 1933, § 26-2606, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11.)

Cross references.

- Freedom of assembly, Ga. Const. 1983, Art. I, Sec. I, Para. IX.

Further provisions regarding willful failure or refusal to comply with order by policeman or firefighter directing, controlling, or regulating traffic, § 40-6-2.

JUDICIAL DECISIONS

O.C.G.A. § 16-10-30 is not unconstitutionally vague or overbroad. Sabel v. State, 250 Ga. 640, 300 S.E.2d 663 (1983).

Words sufficiently definite to inform.

- "Reasonable official request," "dangerous proximity," and "emergency," when given their ordinary meaning, are words of common understanding that are sufficiently definite to inform a person of common intelligence as to when that person is violating the law. Sabel v. State, 250 Ga. 640, 300 S.E.2d 663 (1983).

Application of O.C.G.A. § 16-10-30 to members of the Revolutionary Communist Party involved in an angry public confrontation with residents of an apartment complex, in the absence of any violent acts, or of efforts of the police to respond directly to any illegal conduct without focusing enforcement efforts on those engaged in speech, was unconstitutional. Sabel v. Stynchcombe, 746 F.2d 728 (11th Cir. 1984).

Cited in State v. Burroughs, 244 Ga. 288, 260 S.E.2d 5 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Mobs and Riots, §§ 16, 27.

C.J.S.

- 67 C.J.S., Obstructing Justice or Governmental Administration, §§ 4, 18.

ALR.

- Failure or refusal to obey police officer's order to move on, on street, as disorderly conduct, 65 A.L.R.2d 1152.

Validity and construction of statute or ordinance forbidding unauthorized persons to enter upon or remain in school building or premises, 50 A.L.R.3d 340.

What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 A.L.R.3d 280.

Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89.

Cases Citing O.C.G.A. § 16-10-30

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Sabel v. State, 300 S.E.2d 663 (Ga. 1983).

Cited 96 times | Published | Supreme Court of Georgia | Mar 1, 1983 | 250 Ga. 640

...Hinson McAuliffe, Solicitor, Deborah S. Greene, E. Duane Cooper, Assistant Solicitors, for appellee. BELL, Justice. On April 21, 1982, the appellants were tried and convicted in the State Court of Fulton County for the offense of failure to disperse. See, OCGA § 16-10-30 (Code Ann....
...e were ignored by the appellants. Subsequently, the officers arrested the appellants because of the *641 existence of what they deemed an emergency situation. The appellants appeal their convictions and make several constitutional challenges to OCGA § 16-10-30 (Code Ann. § 26-2606). We affirm the convictions and find the constitutional challenges to be meritless. 1) The trial court properly found OCGA § 16-10-30 (Code Ann....
...tion and conduct themselves so as to avoid that which is forbidden. See, Rose v. Locke, 423 U. S. 48-50 (96 SC 243, 46 LE2d 185) (1975); Wilson v. State, 245 Ga. 49, 53 (262 SE2d 810) (1980); Caby v. State, 249 Ga. 32 (1) (287 SE2d 200) (1982). OCGA § 16-10-30 (Code Ann....
...al request or order of a peace officer or fireman to move, for the purpose of promoting the public safety by dispersing those gathered in dangerous proximity to a fire or other emergency, is guilty of a misdemeanor." The appellants contend that OCGA § 16-10-30 (Code Ann....
...§ 102-102)) are words of common understanding that are "sufficiently definite to inform a person of common intelligence as to when he is violating the law." Wilson v. State, supra, p. 53. 2) Next, the appellants contend that the trial court erred in not finding OCGA § 16-10-30 (Code Ann....
...Oklahoma, 413 U. S. 601, 615 (93 SC 2908, 37 LE2d 830) (1973)." Caby v. State, supra, p. 33. The appellants contend that the statute is overbroad because, as in their situation, it sweeps within its ambit protected first amendment speech. We disagree. OCGA § 16-10-30 (Code Ann....
...n in order to bring the situations under control. In addition, the appellants were not arrested solely as a result of their speech, but rather, as a result of their conduct, the surrounding circumstances, and their refusal to disperse. Although OCGA § 16-10-30 (Code Ann. § 26-2606) may to some unknown extent deter protected free speech, we do not find such speculative overbreadth to be substantial in relation to the statute's plainly legitimate sweep. 3) The appellants additionally assert that OCGA § 16-10-30 (Code Ann....
...They contend that they were peacefully and orderly expressing their views on communism in a public area when the audience created a condition of unrest. They contend that since their conduct was well within the sphere of conduct protected by the First Amendment their arrests and convictions under OCGA § 16-10-30 (Code Ann....