Title 16

(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, disposed of, or retained with intent to restore it to the owner. ‘‘Receiving’…

A person commits the offense of theft by receiving property stolen in another state when he receives, disposes of, or retains stolen property which he knows or should know was stolen in another state, unless the property is received, disposed of, or retained with intent to restor…

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…

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) It is unlawful for any person, firm, partnership, corporation, or association knowingly to: (1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual image…

(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…

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) Any tool, implement, or instrumentality, including, but not limited to, a motor vehicle or motor vehicle part, used or possessed in connection with any violation of Code Section 16-8-83 may be seized by a member of a state or local law enforcement agency upon process issued b…

(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…

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…

District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to …

(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…

Former Article 12, consisting of Code Sections 10-1-310 and 10-1-311, relating to ticket scalping, was based on Ga. L. 1966, p. 207, §§ 1, 3; Ga. L. 1970, p. 172, §§ 1, 2; Ga. L. 1973, p. 96, § 1; Ga. L. 1983, p. 1468, § 1; Ga. L. 1984, p. 22, § 10; Ga. L. 1988, p. 324, § 1; Ga. …

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…

In the Interest of E.C., 311 Ga. App. 549, 716 S.E.2d 601, 2011 Ga. App. LEXIS 784 (2011) (decided under former O.C.G.A. § 24-3-1). Police investigator’s hearsay statements admissible. — Because defendant was provided a full opportunity for confrontation regarding the victim’s pr…

Defense of habitation. Habitation defined, §16-3-24.1. Defense of property other than habitation. Personal property defined,

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…

(a) As used in this Code section, the term: (1) ‘‘Bank’’ means incorporated banks, savings banks, banking companies, trust companies, credit unions, and other corporations doing a banking business. (2) ‘‘Check’’ means any instrument for the payment or transmission of money payabl…

(a) A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years. (b) A person who commits the offense of forgery in the second degree shall…

(a) As used in this Code section, the term: (1) ‘‘Access device’’ means a unique electronic identification number, address, description, or routing code or a device containing a unique electronic identification number, address, description, or routing code issued to an individual…

(a) As used in this Code section, the term ‘‘proof of insurance document’’ means any document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or…

Unless a greater penalty is specifically provided in this chapter, any violation of this chapter by a fiduciary in breach of a fiduciary obligation against a person who is 65 years of age or older shall be punished by imprisonment for not less than one nor more than 15 years, a f…

(a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by t…

As used in this article, the term: (1) ‘‘Acquirer’’ means a business organization, government, financial institution, or an agent of a business organization, government, or financial institution that authorizes a merchant to accept payment by financial transaction card for money,…

(a) A person commits the offense of financial transaction card theft when: (1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder’s consent; or who, with knowledge that it has been so tak…

(a) A person commits the offense of financial transaction card forgery when: (1) With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely makes or falsely embosses a purported …

(a) A person commits the offense of financial transaction card fraud when, with intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person; or cardholder, such person: (1) Uses for the purpose of obtaini…

(a) A person commits the offense of criminal possession of financial transaction card forgery devices when: (1) He is a person other than the cardholder and possesses two or more incomplete financial transaction cards with intent to complete them without the consent of the issuer…

A person commits the offense of criminally receiving goods and services fraudulently obtained when he receives money, goods, services, or anything else of value obtained in violation of subsection (a) of Code Section 16-9-33 with the knowledge or belief that the same were obtaine…

Any person who, without the acquirer’s express authorization, employs or solicits an authorized merchant or any agent or employee of such merchant to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such mercha…

(a) Any person who has been issued or entrusted with a financial transaction card for specifically authorized purposes, provided such authorization is in writing stating a maximum amount charges that can be made with the financial transaction card, and who uses the financial tran…

(a) A person who is subject to the punishment and penalties of this subsection shall be fined not more than $1,000.00 or imprisoned not less than one year nor more than two years, or both. (b) A person subject to punishment under this subsection shall be guilty of a felony and sh…

(a) As used in this Code section, ‘‘publish’’ means the communication or dissemination of information to any one or more persons either orally, in person, by telephone, radio or television, or in a writing of any kind, including without limitation a letter, memorandum, circular, …

(a) In any prosecution for a violation of this article, the state is not required to establish that all of the acts constituting the crime occurred in this state or within one city, county, or local jurisdiction, and it is no defense that some of the acts constituting the crime d…

(a) A person commits the offense of using a deceptive business practice when in the regular course of business he knowingly: (1) Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity; (2) Sells, offers…

(a) Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor. (b) …

(a) A person commits the offense of improper solicitation of money when he solicits payment of money by another by means of a statement or invoice or any writing that could reasonably be interpreted as a statement or invoice for goods not yet ordered or for services not yet perfo…