reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-6 - Theft of lost or mislaid property

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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-7 - Theft by receiving stolen property

(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" means acquiring possession or control or lending on the security of the property.
(b)
In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-8 - Theft by receiving property stolen in another state

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 restore it to the owner.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-9 - Theft by bringing stolen property into state

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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-10 - Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-9

It is an affirmative defense to a prosecution for violation of Code Sections
16-8-2
through
16-8-9
that the person:
(1)
Was unaware that the property or service was that of another;
(2)
Acted under an honest claim of right to the property or service involved;
(3)
Acted under a right to acquire or dispose of the property as he or she did; provided, however, that the use of a power of attorney as provided in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from criminal responsibility; or
(4)
Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.
Amended by 2017 Ga. Laws 186,§ 3-2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-11 - Venue for purposes of Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15

(a)
In a prosecution under Code Sections
16-8-2
through
16-8-9
and
16-8-13
through
16-8-15
, the crime shall be considered as having been committed:
(1)
In any county in which the accused exercised control over the property which was the subject of the theft; or
(2)
If the subject of the theft involves the movement or transfer of digital or electronic money or currency, cryptocurrency, or other such forms of electronic or digital currency held in an account at a financial institution, the crime shall be considered as having been committed:
(A)
In any county in which any act was performed in furtherance of the violation occurred; or
(B)
In any county in which an alleged victim resides.
(b)
In any prosecution under Code Section
16-8-4
in which there is a written rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement.
Amended by 2023 Ga. Laws 345,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-14.2 - Organized retail theft

(a)
A person commits the offense of organized retail theft when such person intentionally organizes, plans, finances, directs, manages, or supervises one or more other persons to appropriate property of a store or retail establishment to his or her own use without paying for such property or to deprive the owner of the property of the value thereof, in whole or in part, and when such property is taken from one or more stores or retail establishments over a period of 180 days with the intent to sell such property for monetary or other gain and when the aggregate value of the property which was the subject of the theft has a value exceeding $24,999.99 and is placed or is to be placed in the control of a retail property fence as defined in Code Section
16-8-5.2
or other person in exchange for consideration.
(b)
In all cases involving organized retail theft, the term "value" means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property.
(c)
In any criminal proceeding pursuant to this Code section, the crime shall be considered to have been committed in any county in which an incident of organized retail theft occurred.
(d)
A person convicted of a violation of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 20 years, a fine not to exceed $50,000.00, or both.
Added by 2021 Ga. Laws 163,§ 3-4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-15 - Conversion of payments for real property improvements

(a)
Any architect, landscape architect, engineer, contractor, subcontractor, or other person who with intent to defraud shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor or service performed on or materials furnished by his order for this specific improvement while any amount for which he may be or become liable for such labor, services, or materials remains unpaid commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or upon the recommendation of the jury or in the discretion of the trial judge, punished for a misdemeanor, provided that, in addition to the above sanctions, where a corporation's agent acts within the scope of his office or employment and on behalf of the corporation and with intent to defraud uses such proceeds for purposes other than for property improvements or where a corporation's board of directors or managerial official, the latter acting within the scope of his employment and on behalf of the corporation recklessly tolerates or, with intent to defraud, authorizes, requests, or commands the use of such proceeds for purposes other than for property improvements, the corporation commits a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00.
(b)
A failure to pay for material or labor furnished for such property improvements shall be prima-facie evidence of intent to defraud.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-16 - Theft by extortion

(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 information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;
(4)
Take or withhold action as a public official or cause an official to take or withhold action;
(5)
Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(6)
Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.
(b)
In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained.
(c)
It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services.
(d)
A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-17 - Misuse of Universal Product Code labels

(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 theft of property which exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both.
(2)
A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(b)
A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years.
Amended by 2012 Ga. Laws 709,§ III-3-4, eff. 7/1/2012.
Amended by 2001 Ga. Laws 2, § 16, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-18 - Entering automobile or other motor vehicle with intent to commit theft or felony

If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-20 - Livestock theft

(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 "livestock" means horses, cattle, swine, sheep, goats, rabbits, and any domestic animal produced as food for human consumption.
(c)
Any person committing the offense of livestock theft shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years and by a fine of $10,000.00; provided, however, that, if the fair market value of the livestock taken or appropriated is $100.00 or less, the person shall be guilty of a misdemeanor of a high and aggravated nature.
(d)
For the purposes of this Code section, if any livestock is killed or mutilated and a portion thereof taken, the value of the whole animal while alive or his entire carcass, whichever is greater, shall be considered for the purpose of distinguishing between a misdemeanor offense and a felony offense.
Amended by 2024 Ga. Laws 499,§ 3, eff. 7/1/2024.
Amended by 2008 Ga. Laws 534,§ 7, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-21 - Removal or abandonment of shopping carts

(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 incidentally from the store to a place outside the store.
(b)
It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the consent, given at the time of such removal, of the owner or of his or her agent, servant, or employee. For the purpose of this Code section, the premises shall include all the parking area set aside by the owner or on behalf of the owner for the parking of cars for the convenience of the patrons of the owner.
(c)
It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot other than a parking lot on the premises of the owner.
(d)
Any person who violates this Code section shall be guilty of a misdemeanor.
Amended by 2012 Ga. Laws 595,§ 1, eff. 4/16/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-23 - Prohibited uses of fifth wheel

(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 shall be unlawful for any person to modify, alter, attempt to alter, and, if altered, sell, possess, offer for sale, move, or cause to be moved on the highways of this state a device known as a fifth wheel or the antitheft locking device attached to the fifth wheel with the intent to use the fifth wheel to commit or attempt to commit cargo theft as defined in Code Section
16-8-22
.
(c)
A person convicted of a violation of this Code section shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $10,000.00 nor more than $100,000.00, or both.
Added by 2014 Ga. Laws 507,§ 1, eff. 7/1/2014.
See 2014 Ga. Laws 507, § 3.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-24 - Theft by possession of stolen mail

(a)
As used in this Code section, the term:
(1)
"Mail" means a letter, post card, package, bag, or other sealed article that:
(A)
Is delivered by the United States Postal Service, a common carrier, or a delivery service and has not yet been received by the person to whom it is addressed; or
(B)
Has been left in a location to be collected for delivery by the United States Postal Service, a common carrier, or a delivery service.
(2)
"Possesses stolen mail" means to knowingly receive, retain, possess, conceal, or dispose of stolen mail knowing that it has been stolen and to withhold such stolen mail from the true owner or person to whom the mail is addressed or to appropriate such stolen mail to the use of any person other than the true owner or the person to whom the mail is addressed.
(b)
A person shall be guilty of the crime of theft by possession of stolen mail if he or she:
(1)
Possesses stolen mail addressed to three or more different mailboxes or addresses; and
(2)
Possesses a minimum of ten separate pieces of stolen mail.
(c)
A person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.
(d)
Each set of ten separate pieces of stolen mail addressed to three or more different mailboxes or addresses constitutes a separate and distinct crime and may be punished accordingly.
(e)
The fact that the person who stole the mail has not been convicted, apprehended, or identified shall not be a defense to the charge of theft by possession of stolen mail.
Added by 2021 Ga. Laws 269,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 1 - THEFT (§§ 16-8-1 — 16-8-25) › Section 16-8-25 - Porch piracy

(a)
As used in this Code section, the term "dwelling" has the same meaning as provided in Code Section
16-7-1
.
(b)
A person shall be guilty of the crime of porch piracy if such person takes, removes, or otherwise appropriates three or more envelopes, bags, packages, or other related articles of another person without the permission of such other person from the porch, steps, or immediate vicinity of any entrance or exit of a dwelling of three or more different mailboxes or addresses.
(c)
A person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.
Added by 2021 Ga. Laws 269,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 2 - ROBBERY (§§ 16-8-40 — 16-8-41) › Section 16-8-40 - Robbery

(a)
A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another:
(1)
By use of force;
(2)
By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or
(3)
By sudden snatching.
(b)
A person convicted of the offense of robbery shall be punished by imprisonment for not less than one nor more than 20 years.
(c)
Notwithstanding any other provision of this Code section, any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 2 - ROBBERY (§§ 16-8-40 — 16-8-41) › Section 16-8-41 - Armed robbery; robbery by intimidation; taking controlled substance from pharmacy in course of committing offense

(a)
A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
(b)
A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.
(c)
(1)
The preceding provisions of this Code section notwithstanding, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(2)
As used in this subsection, the term:
(A)
"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of Code Sections
16-13-25
through
16-13-29
.
(B)
"Pharmacy" means any place licensed in accordance with Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, including any and all portions of any building or structure leased, used, or controlled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term pharmacy shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dispensing of any controlled substance.
(C)
"Wholesale druggist" means an individual, partnership, corporation, or association registered with the State Board of Pharmacy under Chapter 4 of Title 26.
(d)
Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections
17-10-6.1
and
17-10-7
.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 3 - CRIMINAL REPRODUCTION AND SALE OF RECORDED MATERIAL (§§ 16-8-60 — 16-8-62) › Section 16-8-61 - Display of official rating on video movies

(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 prerecorded video display or visual depiction, any prerecorded device that can be converted to a visual depiction, or other reproduction or reconstruction of a motion picture.
(b)
No person may sell, rent, loan, or otherwise disseminate or distribute for monetary consideration a video movie unless the official rating of the motion picture from which the video movie is copied is clearly and prominently displayed in boldface type on the outside of the cassette, case, jacket, or other covering containing the video movie. Such video movie shall be clearly and prominently marked as "not rated" if:
(1)
The motion picture from which the video movie is copied has no official rating;
(2)
The official rating of the motion picture from which the video movie is copied is not readily available to such person; or
(3)
The video movie has been altered so that its content materially differs from the motion picture.
(c)
Any person who violates subsection (b) of this Code section shall, upon conviction thereof, be punished by a fine of not more than $100.00.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 3 - CRIMINAL REPRODUCTION AND SALE OF RECORDED MATERIAL (§§ 16-8-60 — 16-8-62) › Section 16-8-62 - Film piracy prohibited; exceptions; penalty for violation

(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.
(b)
Any person who knowingly operates the recording function of an audiovisual recording device while a motion picture is being exhibited, without the consent of the owner, operator, or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, shall be guilty of film piracy.
(c)
The provisions of this Code section shall not be construed to prevent any lawfully authorized investigative, law enforcement, or intelligence personnel of the state or federal government from operating any audiovisual recording device in a facility where a motion picture is being exhibited as part of their official duties or activities.
(d)
This Code section is not applicable to a person who operates an audiovisual recording device in a retail establishment solely to demonstrate the use of the device for sales purposes.
(e)
A prosecution under this Code section shall not preclude obtaining any other civil or criminal remedy under any other provision of law.
(f)
Violation of this Code section is a misdemeanor of a high and aggravated nature and punishable upon conviction as provided in Code Section
17-10-4
. A second or subsequent conviction for violation of this Code section shall be punishable as a felony.
Added by 2004 Ga. Laws 663, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 4 - MOTOR VEHICLE CHOP SHOPS AND STOLEN AND ALTERED PROPERTY (§§ 16-8-80 — 16-8-86) › Section 16-8-80 - Short title

This article shall be known and may be cited as the "Motor Vehicle Chop Shop and Stolen and Altered Property Act."
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 4 - MOTOR VEHICLE CHOP SHOPS AND STOLEN AND ALTERED PROPERTY (§§ 16-8-80 — 16-8-86) › Section 16-8-81 - Legislative findings

(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. The recovery rate of stolen motor vehicles has decreased significantly during the most recent decade;
(2)
Thefts of motor vehicles and the disposition of stolen motor vehicles and motor vehicle parts are becoming more professional in nature. Such theft and disposition activities have attracted criminal elements which have used intimidation and violence as a means of obtaining increased control of such activities;
(3)
The theft of motor vehicles has brought increased and unnecessary burdens to motor vehicle users and taxpayers, as the national financial cost of motor vehicle related theft offenses currently approaches $5 billion annually;
(4)
Prosecutors should give increased emphasis to the prosecution of persons committing motor vehicle thefts, with particular emphasis given to professional motor vehicle theft operations and to persons engaged in the dismantling of stolen motor vehicles for the purpose of trafficking in stolen motor vehicle parts; and
(5)
Traditional law enforcement strategies and techniques that concentrate on bringing criminal penalties to bear on motor vehicle thieves, but do not focus on chop shops that are heavily involved in the dismantling of stolen motor vehicles or the distribution of motor vehicle parts and that do not enlist the assistance of private enforcement and use civil sanctions, are inadequate to control motor vehicle theft, as well as related offenses. Comprehensive strategies must be formulated; more effective law enforcement techniques must be developed; evidentiary, procedural, and substantive laws must be strengthened; and criminal penalties and civil sanctions must be enhanced.
(b)
The General Assembly, therefore, concludes that for the protection of the general public interest, the "Motor Vehicle Chop Shop and Stolen and Altered Property Act" shall be enacted.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 4 - MOTOR VEHICLE CHOP SHOPS AND STOLEN AND ALTERED PROPERTY (§§ 16-8-80 — 16-8-86) › Section 16-8-82 - Definitions

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 obtained by theft, fraud, or conspiracy to defraud in order to either:
(A)
Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identification, including the vehicle identification number of such motor vehicle or motor vehicle part, in order to misrepresent the identity of such motor vehicle or motor vehicle part or to prevent the identification of such motor vehicle or motor vehicle part; or
(B)
Sell or dispose of such motor vehicle or motor vehicle part.
(2)
"Motor vehicle" includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway which is self-propelled or which may be connected to and towed by a self-propelled device and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery and construction equipment.
(3)
"Person" includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity.
(4)
"Unidentifiable" means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques or by expert employees of not for profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques.
(5)
"Vehicle identification number" includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Revenue for the purpose of uniquely identifying a motor vehicle or motor vehicle part.
Amended by 2005 Ga. Laws 68,§ 6-1, eff. 7/1/2005.
Amended by 2003 Ga. Laws 9, § 16, eff. 5/14/2003.
Amended by 2002 Ga. Laws 462, § 16, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 4 - MOTOR VEHICLE CHOP SHOPS AND STOLEN AND ALTERED PROPERTY (§§ 16-8-80 — 16-8-86) › Section 16-8-84 - Seizure of personal property used or possessed in connection with violation of Code Section 16-8-83

(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 by any court of competent jurisdiction.
(b)
Seizure of property described in subsection (a) of this Code section may be made by a member of a state or local law enforcement agency without process if:
(1)
The seizure is made in accordance with any applicable law or regulation;
(2)
The seizure is incident to inspection under an administrative inspection warrant;
(3)
The seizure is incident to a search made under a search warrant;
(4)
The seizure is incident to a lawful arrest;
(5)
The seizure is made pursuant to a valid consent to search;
(6)
The property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding or in an injunction or forfeiture proceeding under Code Section
16-8-86
; or
(7)
There are reasonable grounds to believe that the property is directly or indirectly dangerous to the health or safety of the public.
(c)
When property is seized pursuant to this Code section, the seizing agency may:
(1)
Place the property under seal; or
(2)
Remove the property to a place selected and designated by the seizing agency.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 5 - GEORGIA RESIDENTIAL MORTGAGE FRAUD ACT (§§ 16-8-100 — 16-8-106) › Section 16-8-100 - Short title

This article shall be known and may be cited as the "Georgia Residential Mortgage Fraud Act."
Added by 2005 Ga. Laws 162,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 5 - GEORGIA RESIDENTIAL MORTGAGE FRAUD ACT (§§ 16-8-100 — 16-8-106) › Section 16-8-101 - Definitions

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, underwriting, signing and closing, and funding of the loan. Such term shall also include the execution of deeds under power of sale that are required to be recorded pursuant to Code Section
44-14-160
and the execution of assignments that are required to be recorded pursuant to subsection (b) of Code Section
44-14-162
. Documents involved in the mortgage lending process include, but shall not be limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures.
(2)
"Pattern of residential mortgage fraud" means one or more misstatements, misrepresentations, or omissions made during the mortgage lending process that involve two or more residential properties, which have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics.
(3)
"Person" means a natural person, corporation, company, limited liability company, partnership, trustee, association, or any other entity.
(4)
"Residential mortgage loan" means a loan or agreement to extend credit made to a person, which loan is secured by a deed to secure debt, security deed, mortgage, security interest, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia including the renewal or refinancing of any such loan.
Amended by 2012 Ga. Laws 648,§ 1, eff. 7/1/2012.
Amended by 2006 Ga. Laws 453,§ 16, eff. 4/14/2006.
Added by 2005 Ga. Laws 162,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 5 - GEORGIA RESIDENTIAL MORTGAGE FRAUD ACT (§§ 16-8-100 — 16-8-106) › Section 16-8-102 - Residential mortgage fraud

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 lender, borrower, or any other party to the mortgage lending process;
(2)
Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;
(3)
Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (1) or (2) of this Code section;
(4)
Conspires to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or
(5)
Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.
An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process nor upon truthful information contained in documents filed with the official registrar of deeds of any county of this state for the stated purpose of correcting scrivener's errors, mistakes, inadvertent misstatements, or omissions contained in previously filed documents.
Amended by 2012 Ga. Laws 648,§ 2, eff. 7/1/2012.
Added by 2005 Ga. Laws 162,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 5 - GEORGIA RESIDENTIAL MORTGAGE FRAUD ACT (§§ 16-8-100 — 16-8-106) › Section 16-8-103 - Venue

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 furtherance of the violation;
(3)
In any county in which any person alleged to have violated this article had control or possession of any proceeds of the violation;
(4)
If a closing occurred, in any county in which the closing occurred; or
(5)
In any county in which a document containing a deliberate misstatement, misrepresentation, or omission is filed with the official registrar of deeds.
Added by 2005 Ga. Laws 162,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 5 - GEORGIA RESIDENTIAL MORTGAGE FRAUD ACT (§§ 16-8-100 — 16-8-106) › Section 16-8-104 - Authority to investigate and prosecute for residential mortgage fraud

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 preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.
Amended by 2010 Ga. Laws 678,§ 1, eff. 7/1/2010.
Added by 2005 Ga. Laws 162,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 5 - GEORGIA RESIDENTIAL MORTGAGE FRAUD ACT (§§ 16-8-100 — 16-8-106) › Section 16-8-105 - Penalties

(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 participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, said violation shall be punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both.
(c)
Each residential property transaction subject to a violation of this article shall constitute a separate offense and shall not merge with any other crimes set forth in this title.
Added by 2005 Ga. Laws 162,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 8 - OFFENSES INVOLVING THEFT (§§ 16-8-1 — 16-8-106) › Article 5 - GEORGIA RESIDENTIAL MORTGAGE FRAUD ACT (§§ 16-8-100 — 16-8-106) › Section 16-8-106 - Civil forfeiture

(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 violation of this article and any proceeds are declared to be contraband and no person shall have a property right in them.
(c)
Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
(d)
The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under this Code section.
Amended by 2015 Ga. Laws 98,§ 2-9, eff. 7/1/2015.
Added by 2005 Ga. Laws 162,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 1 - FORGERY AND RELATED OFFENSES (§§ 16-9-1 — 16-9-6) › Section 16-9-1 - Forgery; classification of forgery offenses

(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 payable on demand and drawn on a bank.
(3)
"Writing" includes, but shall not be limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.
(b)
A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.
(c)
A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
(d)
A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly:
(1)
Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
(2)
Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
(e)
A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly:
(1)
Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
(2)
Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
Amended by 2012 Ga. Laws 709,§ III-3-5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 1 - FORGERY AND RELATED OFFENSES (§§ 16-9-1 — 16-9-6) › Section 16-9-2 - Penalties for forgery

(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 be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(c)
A person who commits the offense of forgery in the third degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(d)
A person who commits the offense of forgery in the fourth degree shall be guilty of a misdemeanor; provided, however, that upon the third and all subsequent convictions for such offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
Amended by 2012 Ga. Laws 709,§ III-3-5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 1 - FORGERY AND RELATED OFFENSES (§§ 16-9-1 — 16-9-6) › Section 16-9-3 - [Repealed] "Writing" defined

Repealed and reserved by 2012 Ga. Laws 709,§ III-3-5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 1 - FORGERY AND RELATED OFFENSES (§§ 16-9-1 — 16-9-6) › Section 16-9-5 - Counterfeit or false proof of insurance document

(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 evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section
40-6-10
.
(b)
(1)
It shall be unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insurance document.
(2)
It shall be unlawful for any person to possess a counterfeit or false proof of insurance document that he or she knows to be a counterfeit or false proof of insurance document.
(3)
A proof of insurance document shall be deemed counterfeit or false if the proof of insurance document has been altered, modified, or originally issued in any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insurance thereon.
(c)
(1)
Any person who violates paragraph (1) of subsection (b) of this Code section shall be guilty of a felony and upon conviction shall be punished by a fine of not more than $10,000.00 or by imprisonment for not less than two nor more than ten years, or both.
(2)
Any person who violates paragraph (2) of subsection (b) of this Code section shall upon conviction be guilty of and be punished as for a misdemeanor.
Amended by 2017 Ga. Laws 182,§ 5-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 9 - FORGERY AND FRAUDULENT PRACTICES (§§ 16-9-1 — 16-9-157) › Article 1 - FORGERY AND RELATED OFFENSES (§§ 16-9-1 — 16-9-6) › Section 16-9-6 - Punishment for fiduciary in violation of chapter

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 fine not to exceed the amount provided by Code Section
17-10-8
, or both.