Georgia Commons

Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 5. DRIVERS’ LICENSES · Article 6. MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES

40-5-120. Unlawful use of license or identification card; penalties for violations of chapter generally.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. It is a misdemeanor for any person to:

  2. (1)

    Display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver’s license or identification card issued pursuant to Code Section 40-5-100;#

  3. (2)

    Fail or refuse to surrender to the department upon lawful demand any driver’s license or identification card issued pursuant to Code Section 40-5-100 which has been suspended, revoked, disqualified, or canceled;#

  4. (3)

    Permit any unlawful use of a driver’s license or identification card issued pursuant to Code Section 40-5-100 issued to such person;#

  5. (4)

    Do any act forbidden or fail to perform any act required by this chapter for which a criminal sanction is not provided elsewhere in this chapter; or#

  6. (5)

    Scan another person’s driver’s license, permit, or identification card without the person’s prior knowledge and consent. If a person consents to the scanning of his or her driver’s license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each unlawful act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver’s license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 68B-401, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1989, p. 519, § 14; Ga. L. 1990, p. 2048, § 4; Ga. L. 1995, p. 920, § 5; Ga. L. 2010, p. 932, § 20/HB 396; Ga. L. 2024, p. 1052, § 4(58)/SB 448, effective July 1, 2024.

Amendments

The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “identification card” for “personal identification card” in paragraphs (1), (2), and (3).

Cross references

Suspension of driver’s license for conviction for fraudulent or fictitious use of license, § 40-5-54. Use of false name or making false statement in application, § 40-5-125.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch1-5-(v28a)-2024-pdf.pdf, Volume V28A, 2024 edition, page 727; merge action: annotated; file SHA-256 991cd8c9db96.

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