2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 2 - Offenses Against Public Order
§ 16-11-34. Preventing or Disrupting Lawful Meetings, Gatherings, or Processions
- A person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering, or procession is guilty of a misdemeanor.
- This Code section shall not be construed to affect the powers delegated to counties or to municipal corporations to pass laws to punish disorderly conduct within their respective limits.
(Code 1933, § 26-2605, enacted by Ga. L. 1968, p. 1249, § 1.)
Cross references.- Open and public meetings, § 50-14-1 et seq.
Law reviews.- For annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).
JUDICIAL DECISIONS
Provisions of Ga. L. 1968, p. 1249, § 1 (see now O.C.G.A. § 16-11-34) were satisfied where defendants were at center of larger group, singing and shouting emanated from center of group, and noise caused students in classes to come to windows which necessarily disrupted normal activity of the school. Washington v. State, 126 Ga. App. 180, 190 S.E.2d 138 (1972).
Constitutionality.
- O.C.G.A. § 16-11-34(a) was overbroad and was unconstitutional; the literal language of the statute was so overbroad in its scope that it led to an absurdity manifestly not intended by the legislature, and its constitutionality could not have been preserved by judicial construction. State v. Fielden, 280 Ga. 444, 629 S.E.2d 252 (2006).
Statute as basis for probable cause to arrest.
- Fourth Amendment to the U.S. Constitution was not violated by the arrest of citizens who attended a city council meeting to express views on renaming a public park but refused to obey the rules of order because probable cause to arrest existed, even though O.C.G.A. § 16-11-34, which criminalized the disruption of a public meeting, was later struck down as unconstitutionally overbroad. Harris v. City of Valdosta, 616 F. Supp. 2d 1310 (M.D. Ga. 2009).
Cited in Evans v. City of Tifton, 138 Ga. App. 374, 226 S.E.2d 471 (1976); Porter v. State, 141 Ga. App. 602, 234 S.E.2d 100 (1977); Davis v. State, 147 Ga. App. 107, 248 S.E.2d 181 (1978); Harper v. State, 249 Ga. 519, 292 S.E.2d 389 (1982); In re D.H., 283 Ga. 556, 663 S.E.2d 139 (2008).
RESEARCH REFERENCES
Am. Jur. 2d.
- 24 Am. Jur. 2d, Disturbing Meetings, § 3 et seq.
ALR.
- Conduct amounting to offense of disturbing public or religious meeting, 12 A.L.R. 650.
Criminal offense of bribery as affected by lack of legal qualification of person assuming or alleged to be an officer, 115 A.L.R. 1263.
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.
