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2018 Georgia Code 16-10-73 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-10-73 Case Law from Google Scholar Amendments to OCGA 16-10-73

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 4 PERJURY AND RELATED OFFENSES

16-10-73. Impersonating another in the acknowledgment of recognizance, bail, or judgment.

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.)

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 attesting 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.

Cases Citing O.C.G.A. § 16-10-73

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Spears v. Johnson, 350 S.E.2d 468 (Ga. 1986).

Cited 6 times | Published | Supreme Court of Georgia | Dec 4, 1986 | 256 Ga. 518

...Ballard, Slade & Ballard, Scott L. Ballard, for appellant. Johnnie L. Caldwell, Jr., District Attorney, James E. Sherrill, *519 Assistant District Attorney, for appellee. GREGORY, Justice. Jesse Lee Spears, Jr., was arrested on July 18, 1986, for violating OCGA § 16-10-73....
...under OCGA § 17-4-26. A hearing on Spears' habeas petition was held on September 5, 1986, at which time the habeas court reserved decision until briefs could be submitted. On September 10, 1986, the grand jury indicted Spears for violation of OCGA § 16-10-73....
...Once the grand jury has returned an indictment against the accused, probable cause has been found, and the state is not required to make an additional showing of probable cause. First Nat. Bank, supra. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 16-10-73 provides, "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 pr...