Title 16 — Crimes and Offenses

As used in this article, the term: (1) ‘‘Deprive’’ means, without justification: (A) To withhold property of another permanently or temporarily; or (B) To dispose of the property so as to make it unlikely that the owner will recover it. (2) ‘‘Financial institution’’ means a bank,…

This article shall be known and may be cited as the ‘‘Georgia Residential Mortgage Fraud Act.’’ (Code 1981, § 16-8-100, enacted by Ga. L. 2005, p. 848, § 2/SB 100.)

As used in this article, the term: (1) ‘‘Mortgage lending process’’ means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services,…

A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person: (1) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lend…

For the purpose of venue under this article, any violation of this article shall be considered to have been committed: (1) In the county in which the residential property for which a mortgage loan is being sought is located; (2) In any county in which any act was performed in fur…

Concurrent jurisdiction to conduct prosecutions, §16-9-104. Investigation of violations. Powers, §16-9-108. DISTURBING THE PEACE. Fighting in public place, §16-11-32. Fighting words, §16-11-39. DIVERSION PROGRAMS. Conditional discharge for possession of controlled substances as fi…

(a) Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both. (b) If a violation of this article involves engaging or partic…

(a) As used in this Code section, the terms ‘‘civil forfeiture proceedings,’’ ‘‘proceeds,’’ and ‘‘property’’ shall have the same meanings as set forth in Code Section 9-16-2. (b) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a…

State, 165 Ga. App. 89, 299 S.E.2d 584 (1983). When the evidence at trial was sufficient to establish commission of the crime of theft by taking, and the evidence also may have shown theft by deception, the 190 phrase ‘‘regardless of the manner in which the property is taken or a…

(a) As used in this Code section, the term: (1) ‘‘Article’’ means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. (2) ‘‘Copy’’ means any …

(a) A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof,…

(a)(1) It shall be unlawful for a person to give a false or fictitious name or address or to give the name or address of another person without that person’s approval or permission for the purpose of obtaining a refund from a store or retail establishment for merchandise. (2) It …

Theft of weapon from peace officer, correction officer, etc., §16-10-33. Penalties, §16-8-12. Porch piracy, §16-8-25. Possession of tools, §16-7-20. Racketeer influenced and corrupt organizations. Generally, §§16-14-1 to 16-14-12. Racketeering activity defined, §16-14-3. Real prope…

State, 233 Ga. App. 792, 505 S.E.2d 535 (1998). Venue. — In theft by conversion cases, where allegedly converted property is money, two options are available to state regarding venue: first, state can proceed in county where accused received the money; second, state can produce e…

(a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to: (1) Inflict bodily injury on anyone or commit any other criminal offense; (2) Accuse anyone of a criminal offense; (3) Disseminate any informati…

(a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a thef…

State, 312 Ga. App. 489, 718 S.E.2d 847 (2011). Attempt to hijack a motor vehicle. — Given that a defendant repeatedly stabbed a victim in the throat in a parking lot to attempt to force the victim to get inside the victim’s car, the trial court could find that the defendant reje…

Reserved. Repealed by Ga. L. 1988, p. 763, § 2, effective July 1, 1988. Editor’s notes. — This Code section was based on Ga. L. 1968, p. 1048, § 1; Ga. L. 1969, p. 857, § 9. For present comparable provisions, see Code Section 16-8-4(a). 16-8-20. Livestock theft.

A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropr…

(a) A person commits the offense of livestock theft when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any livestock of another with the intention of depriving the owner of such livestock. (b) For the purposes of this Code section, the term ‘…

(a) As used in this Code section, the term ‘‘shopping cart’’ means those pushcarts of the type which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidental…

(a) For purposes of this Code section, the term ‘‘vehicle’’ includes, without limitation, any railcar. (b) Notwithstanding any provision of this article to the contrary, a person commits the offense of cargo theft when he or she unlawfully takes or, being in lawful possession the…

(a) For the purposes of this Code section, the term ‘‘fifth wheel’’ means a device mounted on a truck tractor or similar towing vehicle, including, but not limited to, a converter dolly, which interfaces with and couples to the upper coupler assembly of a semitrailer. (b) It shal…

Weapons, carrying in certain areas of airport, §16-11-130.2. Malice. Cruelty to animals, §16-12-4. Manufacture. Controlled substances, §16-13-21. Medical cannabis, access, §16-12-200. Marijuana. Controlled substances, §16-13-21. Sanctions against licensed persons for certain viol…

Peeples, 657 F.3d 1222 (11th Cir. 2011). Sale of non-existent insurance. — While the illegal sale of insurance is not in and of itself a basis for a racketeer influenced and corrupt organization (RICO) action absent further evidence of fraud rising to the level of theft by decept…

United Servs. Auto. Ass’n, 317 Ga. App. 280, 729 S.E.2d 522 (2012). Sufficiency of allegations. — Allegations under the Georgia Racketeer Influ- 182 enced and Corrupt Organizations Act, O.C.G.A. § 16-14-1 et seq., against a mortgage loan servicer were sufficient to state a claim …

State, 296 Ga. App. 270, 674 S.E.2d 115, 2009 Ga. App. LEXIS 189 (2009). Nonfinal conviction of first offense as predicate for life sentence on second charge. — O.C.G.A. § 17-10-2(a), relating to presentence hearings, did not operate to bar the trial court from relying on one of th…

State, 293 Ga. App. 629, 667 S.E.2d 624 (2008). Victim’s testimony that the defendant kicked in the door of the victim’s residence, entered, pointed a shotgun at the victim, and threatened to shoot the victim if the victim did not give the defendant money was sufficient in itself…

A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation. (Code 1933, § 26-1807, enacted by Ga. L…

Inference of identity of violator. Egregious litter, evidence of identity found in, §16-7-54. Vehicle with false or secret compartment, §16-11-112. INFLUENCE PEDDLING, §§16-10-4, 16-10-5. INFLUENCING WITNESSES, §16-10-93. Acceptance of benefit, reward, etc., for changing testimony…

(a) As used in this Code section, the term: (1) ‘‘Retail property’’ means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) ‘‘Retail property fence’’ means a person or entity that buys, sells, transfers, or possesses with the inte…

A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner…

Residential mortgage fraud, §§16-8-100 to 16-8-106. Responsibility for criminal acts. Age requirement, §16-3-1. Insane persons, §16-3-2. Persons acting out of a delusional compulsion, §16-3-3. Intoxicated persons, §16-3-4. Mentally incapacitated, §16-3-2. Persons acting out of a …

(a) As used in this Code section, the term: (1) ‘‘Official rating’’ means the official rating of a motion picture by the Classification and Rating Administration of the Motion Picture Association of America. (2) ‘‘Video movie’’ means a videotape, video cassette, video disc, any p…

(a) As used in this Code section, the term: (1) ‘‘Audiovisual recording device’’ means any device capable of recording or transmitting a motion picture, or any part thereof, using any technology now known or later developed. (2) ‘‘Facility’’ shall not include a personal residence…

(a) A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, 247 16-8-7 disposed of, or retained with intent to restore it to the owner. ‘…

Pharmacists and pharmacies. Ephedrine and pseudoephedrine, possession of substances containing. Electronic logging system generating stop sale alert, §16-13-30.3. STORED VALUE CARDS. Alteration, sale or exchange of cards obtained by fraud or illegal means, §16-12-120.1. STP. Dang…

This article shall be known and may be cited as the ‘‘Motor Vehicle Chop Shop and Stolen and Altered Property Act.’’ (Code 1981, § 16-8-80, enacted by Ga. L. 1991, p. 1805, § 1.)

(a) The General Assembly finds and declares the following: (1) The annual number of reported motor vehicle thefts has exceeded 1 million. Approximately 50 percent of all larcenies reported to law enforcement authorities in the United States are directed against motor vehicles. Th…

As used in this article, the term: (1) ‘‘Chop shop’’ means any building, lot, or other premise where one or more persons knowingly engage in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally ob…

(a) Any person who knowingly and with intent: (1) Owns, operates, or conducts a chop shop; (2) Transports any motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or (3) Sells, transfers, purchases, or receives any motor vehicle or motor vehicle…

(a) The following are subject to forfeiture unless obtained by theft, fraud, or conspiracy to defraud and the rightful owner is known or can be identified and located: (1) Any tool; (2) Any implement; or (3) Any instrumentality, including, but not limited to, any motor vehicle or…

(a) The Attorney General, any prosecutor, or any aggrieved person may institute a civil action against any person in a court of competent jurisdiction seeking relief from conduct constituting a violation of any provision of this article. If the plaintiff in such action proves the…

A person commits the offense of theft by bringing stolen property into this state when he brings into this state any property which he knows or should know has been stolen in another state. (Ga. L. 1918, p. 272, § 2; Code 1933, § 26-2622; Code 1933, § 26-1815, enacted by Ga. L. 1…