DISORDERLY CONDUCT
State of Georgia Official Opinion
O.C.G.A. § 16-11-39 prohibits disorderly conduct, defined as acting violently so as to place another in reasonable fear for his safety or so as to endanger another's property, to use "fighting words" without provocation, or to use obscene language in the presence of a child. While this offense is a misdemeanor, violations of these provisions are quite serious and involve violence or the potential of violence. Therefore, I am designating the violation of O.C.G.A. § 16-11-39 as an offense for which those charged with a violation are to be fingerprinted.
Justia.com
16-11-39.
(a) A person commits the offense of disorderly conduct when such person commits any of the following:
(1)
Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person´s life, limb, or health;
(2)
Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
(3)
Without provocation, uses to or of another person in such other person´s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person´s presence, naturally tend to provoke violent resentment, that is, words commonly called
'fighting words'; or
(4)
Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone
to a person under the age of 14 years which threatens an immediate breach of the peace.
(b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.
(c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.
Municode.com for Canton Georgia
Sec. 34-1. - Disorderly conduct.
It shall be unlawful and disorderly conduct for any person to:
(1) Act in a violent or tumultuous manner toward another, whereby a reasonable person would be placed in fear of safety for life or limb;
(2) Place the property of another in serious danger of being destroyed or damaged;
(3) Use fighting words directed toward another, who becomes outraged and thus creates a turmoil;
(4) Violently interfere with another's pursuit of a lawful occupation; or
(5) Congregate with others to halt the flow of vehicular or pedestrian traffic and refuse to clear the way when ordered by lawful authority to do so.
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RECKLESS CONDUCT
Justia.com- Reckless Conduct
16-5-60.
(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b)
A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
(c)
A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected persońs being an HIV infected person prior to that intercourse or sexual act;
(2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other persońs body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected persońs body and where that infected person does not disclose to the other person the fact of that infected persońs being an HIV infected person prior to such use;
(3) Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected persońs being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;
(4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected persońs being an HIV infected person prior to soliciting that act of sodomy; or
(5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected persońs being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part,
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years.
(d) A person who is an
HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:
(1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officeŕs performance of his or her official duties; or
(2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officeŕs performance of his or her official duties is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.
Just a layman's opinion, but nothing seems to fit the circumstances. I guess it must be a 'training issue' on Canton's part.
