O.C.G.A.

O.C.G.A. § 16-10-73 (2019)

Impersonating another in the acknowledgment of recognizance, bail, or judgment

✓ 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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Any person except an attorney of record who shall acknowledge or cause to be acknowledged, in any of the courts of the state or before any authorized officer, any recognizance, bail, or judgment in the name of any person not privy or consenting thereto commits the offense of impersonating in a legal proceeding 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. (Laws 1833, Cobb’s 1851 Digest, p. 806; Code 1863, § 4369; Code 1868, § 4407; Code 1873, § 4475; Code 1882, § 4475; Penal Code 1895, § 305; Penal Code 1910, § 310; Code 1933, § 26-4301; Code 1933, § 26-2404, enacted by Ga. L. 1968, p. 1249, § 1.)

Annotations

JUDICIAL DECISIONS Elements of crime. - Conviction under O.C.G.A. § 16-10-73 required proof that defendant represented the defendant or another person to be an actual person.

Brown v. State, 225 Ga. App. 750, 484 S.E.2d 795 (1997). Cited in Spears v. Johnson, 256 Ga. 518, 350 S.E.2d 468 (1986).

RESEARCH REFERENCES C.J.S. - 35 C.J.S., False Personation, § 1 et seq. ALR. - Intent as affecting false personation, as regards criminal offense, 97 A.L.R. 1510. Civil liability of witness falsely attest-

ing signature to document, 96 A.L.R.2d 1346. Validity, construction, and application of state statutes relating to offense of identity theft, 125 A.L.R.5th 537.

ARTICLE 5 OFFENSES RELATED TO JUDICIAL AND OTHER PROCEEDINGS RESEARCH REFERENCES ALR. - Misconduct of officers in selection or summoning of jurors or grand jurors as contempt of court, 7 A.L.R. 345. Fabrication or suppression of evidence

as ground of disciplinary action against attorney, 40 A.L.R.3d 169. Criminal liability of attorney for tampering with evidence, 49 A.L.R.5th 619.

Notes of Decisions

Cited in 2 cases, 1986–1997 · leading case: Spears v. Johnson, 350 S.E.2d 468 (Ga. 1986).

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Spears v. Johnson, 350 S.E.2d 468 (Ga. 1986). · cites it 6× “, was arrested on July 18, 1986, for violating OCGA § 16-10-73. 1 On July 20, 1986, Spears was taken before a magistrate and advised of his constitutional rights.”

Brown v. State, 484 S.E.2d 795 (Ga. Ct. App. 1997). · cites it 12× “Following a bench trial, the trial court convicted Alexander Jerome Brown of giving a false name to a law enforcement officer, OCGA § 16-10-25, and impersonating another in the acknowledgment of recognizance, bail, or judgment, OCGA § 16-10-73. He appeals only the latter…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.