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2018 Georgia Code 20-2-1182 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 20-2-1182 Case Law from Google Scholar Amendments to OCGA 20-2-1182

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 27 LOITERING AT OR DISRUPTING SCHOOLS

20-2-1182. Persons other than students who insult or abuse school teachers in presence of pupils may be ordered to leave school premises.

Any parent, guardian, or person other than a student at the public school in question who has been advised that minor children are present and who continues to upbraid, insult, or abuse any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or public school bus may be ordered by any of the above-designated school personnel to leave the school premises or school bus, and upon failure to do so such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00.

(Code 1981, §20-2-1182, enacted by Ga. L. 1989, p. 1394, § 1; Ga. L. 2001, p. 4, § 20.)

JUDICIAL DECISIONS

Statute unconstitutionally overbroad.

- O.C.G.A. § 20-2-1182, which criminalized upbraiding, insulting, or abusing a public school teacher or administrator in the presence of a pupil while on the premises of a public school or school bus, was unconstitutionally overbroad because words which merely offended, angered, or frustrated could not be prohibited in violation of freedom of speech. Further, the statute did not tie the statute's prohibited expression to the disruption of school activities or specific times. West v. State, 300 Ga. 39, 793 S.E.2d 57 (2016).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting for violators.

- Although the offense established by O.C.G.A. § 20-2-1182 does not appear to be an offense for which fingerprinting is made mandatory by the provisions of O.C.G.A. § 35-3-33(1), this offense shall be designated as an offense for which those charged with a violation must be fingerprinted to the extent the individual charged has attained the age of majority; to the extent the individual charged is a juvenile, this offense is not so designated at this time. 1989 Op. Att'y Gen. 89-52.

Cases Citing Georgia Code 20-2-1182 From Courtlistener.com
Total Results: 1
West v. State
Court: Supreme Court of Georgia | Date Filed: 2016-10-31
Citation: 300 Ga. 39, 793 S.E.2d 57, 2016 Ga. LEXIS 702
Snippet: presents a facial constitutional challenge to OCGA § 20-2-1182, which criminalizes upbraiding, insulting, or