O.C.G.A.

O.C.G.A. § 16-9-121.1 (2019)

Offense of aggravated identity fraud

✓ 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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(a) A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment. (b) The offense created by this Code section shall not merge with any other offense.

History

(Code 1981, § 16-9-121.1, enacted by Ga. L. 2011, p. 794, § 4/HB 87.)

Annotations

Editor’s notes. - Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Illegal Immigration Reform and Enforcement Act of 2011.’ ’’ Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides for severability, and provides, in part, that: ‘‘(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law. ‘‘(c) The provisions of this Act shall be

implemented in a manner consistent with federal laws governing immigration and civil rights.’’ Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that this Code section shall apply to offenses and violations occurring on or after July 1, 2011. Law reviews. - For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 35 (2011). For article, ‘‘State Government: Illegal Immigration Reform and Enforcement Act of 2011,’’ see 28 Ga. St. U.L. Rev. 51 (2011).

OPINIONS OF THE ATTORNEY GENERAL Enforcement by investigators of Enforcement Division of the State Board of Workers’ Compensation. - Investigators of the Enforcement Division who are certified as peace officers may enforce the aggravated identity fraud statute, O.C.G.A. § 16-9-121.1, by arrest

and the execution of search warrants provided that the arrest and search is the result of a criminal investigation of an alleged violation of the workers’ compensation laws of O.C.G.A. Ch. 9, T. 34. 2012 Op. Att’y Gen. No. 12-3.

RESEARCH REFERENCES Am. Jur. 2d. - 32 Am. Jur. 2d, False Personation, § 1 et seq. 32 Am. Jur. 2d,

False Pretenses, § 1 et seq. 37 Am. Jur. 2d, Fraud and Deceit, §§ 50, 51.