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iampammiesue
Oct 24, 2012, 02:50 PM
Does anyone know if there is such a thing as a "Felony" Disorderly Conduct charge in the state of Georgia? My boyfriend recently applied for a job and was turned down because of his criminal background. I work there, too, and know for a fact that misdemeanor charges are perfectly okay with this company as long as they're not theft related. His background came back that he was charged with Felony Disorderly Conduct. I have never heard of such a charge (only misdemeanor D.C.) and was wondering if anyone else had any idea what happened there.

Fr_Chuck
Oct 24, 2012, 05:04 PM
In Georgia, if he made Terroristic threats, that is a Felonly Disorderly Conduct.

Example , he is yelling to someone, I am going to kill you, That would be the charge.

AK lawyer
Oct 24, 2012, 06:29 PM
"§ 16-11-37. Terroristic threats and acts; penalties


(a) A person commits the offense of a terroristic threat when he or she threatens to commit any crime of violence, to release any hazardous substance, as such term is defined in Code Section 12-8-92, or to burn or damage property with the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.

(b) A person commits the offense of a terroristic act when:

(1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household;

(2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or

(3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance for the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience.

(c) A person convicted of the offense of a terroristic threat 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. A person convicted of the offense of a terroristic act shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than ten years, or both; provided, however, that if any person suffers a serious physical injury as a direct result of an act giving rise to a conviction under this Code section, the person so convicted shall be punished by a fine of not more than $250,000.00 or imprisonment for not less than five nor more than 40 years, or both.

(d) A person who commits or attempts to commit a terroristic threat or act with the intent to retaliate against any person for:

(1) Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, probation officer, or party or producing any record, document, or other object in a judicial or official proceeding; or

(2) Providing to a law enforcement officer, adult or juvenile probation officer, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial release, probation, or parole

shall be guilty of the offense of a terroristic threat or act and, upon conviction thereof, shall be punished, for a terroristic threat, by imprisonment for not less than five nor more than ten years or by a fine of not less than $50,000.00, or both, and, for a terroristic act, by imprisonment for not less than five nor more than 20 years or by a fine of not less than $100,000.00, or both." LexisNexis® Custom Solution: Georgia Code Research Tool (http://www.lexisnexis.com/hottopics/gacode/default.asp)

A felony is normally an offense which can be punished by imprisonment for a year or more. I assume Georgia is consistent with that.

But OP specifically said "felony disorderly conduct", not terroristic threats. Disorderly conduct is clearly a misdemeanor.


"§ 16-11-39. Disorderly conduct


" (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.
..." LexisNexis® Custom Solution: Georgia Code Research Tool (http://www.lexisnexis.com/hottopics/gacode/default.asp)

So I'm puzzled at Fr_Chuck's statement that terroristic threatening the same as felony disorderly conduct.