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2018 Georgia Code 16-11-31 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-11-31 Case Law from Google Scholar Amendments to OCGA 16-11-31

TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 2 OFFENSES AGAINST PUBLIC ORDER

16-11-31. Inciting to riot.

  1. A person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, commits the offense of inciting to riot.
  2. Any person who violates subsection (a) of this Code section is guilty of a misdemeanor.

(Code 1933, § 26-2602, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 20.)

Cross references.

- Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V.

JUDICIAL DECISIONS

Section not unconstitutionally vague or broad.

- O.C.G.A. § 16-11-31 is neither unconstitutionally vague in that the statute provides overall fair warning to persons of ordinary intelligence as to what conduct is prohibited so that persons may act accordingly, nor is the statute overbroad in that the statute proscribes only certain intentional behavior which produces a clear and present danger of achieving riotous results. Land v. State, 262 Ga. 898, 426 S.E.2d 370, cert. denied, 509 U.S. 909, 113 S. Ct. 3008, 125 L. Ed. 2d 699 (1993); Mastroianni v. Deering, 835 F. Supp. 1577 (S.D. Ga. 1993).

Cited in McElroy v. Williams Bros. Motors, 104 Ga. App. 435, 121 S.E.2d 917 (1961); Sutton v. State, 158 Ga. App. 856, 282 S.E.2d 410 (1981); Powell v. State, 218 Ga. App. 556, 462 S.E.2d 447 (1995).

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Mobs and Riots, § 20.

C.J.S.

- 77 C.J.S., Riot; Insurrection, §§ 4 et seq., 11, 37 et seq.

ALR.

- Participation of student in demonstration on or near campus as warranting imposition of criminal liability for breach of peace, disorderly conduct, trespass, unlawful assembly, or similar offense, 32 A.L.R.3d 551.

Sufficiency of evidence to establish criminal participation by individual involved in gang fight or assault, 24 A.L.R.4th 243.

Cases Citing O.C.G.A. § 16-11-31

Total Results: 3  |  Sort by: Relevance  |  Newest First

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State v. Miller, 398 S.E.2d 547 (Ga. 1990).

Cited 66 times | Published | Supreme Court of Georgia | Dec 5, 1990 | 260 Ga. 669

...It is only when a law enforcement officer is "in the lawful discharge of his official duties[,]" OCGA § 16-10-25, that it becomes unlawful to give a false name, address, or date of birth, with the intent of misleading the officer. Id. [10] A few of the specific protective statutes follow: OCGA §§ 16-11-30, Riot; 16-11-31, Inciting to riot; 16-11-33, Unlawful assembly; 16-11-34, Preventing or disrupting lawful meetings, gatherings, or processions; 16-11-37 Terroristic threats and acts; 16-11-39, Use of "fighting words," obscene and vulgar or profane language;...
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Alexander Props. Grp., Inc. v. Doe, 626 S.E.2d 497 (Ga. 2006).

Cited 36 times | Published | Supreme Court of Georgia | Feb 13, 2006 | 280 Ga. 306, 2006 Fulton County D. Rep. 438

...228(3), 430 S.E.2d 352 (1993). [4] The latter use of the term, exemplified by OCGA § 8-3-11 ("to produce revenues"); OCGA § 12-8-122 ("any person who produces ... lowlevel radiation"); OCGA § 16-13-22 ("to produce psychic or physiological dependence liability"); OCGA § 16-11-31 ("conduct which urges......
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Land v. State, 426 S.E.2d 370 (Ga. 1993).

Cited 20 times | Published | Supreme Court of Georgia | Feb 25, 1993 | 262 Ga. 898, 93 Fulton County D. Rep. 766

...Decided February 25, 1993. Reconsideration Denied March 18, 1993. Summer & Summer, Daniel A. Summer, for appellant. Jerry Rylee, Solicitor, Graham McKinnon IV, Assistant Solicitor, for appellee. BENHAM, Justice. Appellant was convicted of inciting to riot (OCGA § 16-11-31 (a)), and now challenges that conviction and the constitutionality of the statute....
...readily admitted they would not have been able to handle the situation had it escalated. Fifteen to twenty minutes after the initial officer's arrival on the scene, appellant was arrested and charged with inciting to riot. 1. Appellant contends OCGA § 16-11-31 (a) is unconstitutionally vague and overbroad....
...The General Assembly need not define every word it uses in a statute, as a cardinal rule of statutory construction is "the ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter...." OCGA § 1-3-1 (b). OCGA § 16-11-31 meets appellant's vagueness challenge since, when read as a whole, it "provide[s] fair warning to persons of ordinary intelligence as to what it prohibits so that they may act accordingly." Id....
...State, 258 Ga. 424 (3) (369 SE2d 909) (1988). 6. Appellant's remaining enumerations of error have been considered and found to be without merit. Judgment affirmed. Clarke, C. J., Hunt, P. J., Fletcher, Sears-Collins and Hunstein, JJ., concur. NOTES [1] OCGA § 16-11-31 (a) provides: A person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, commits the offense of inciting to riot....