Georgia Theft and Shoplifting Laws

If you're looking for a Georgia online theft class, it's important to know your Georgia theft laws. This can help you understand more about your offense.

Please note that the Georgia theft and shoplifting laws shown on this page are to aid you in understanding your state Georgia theft, shoplifting and stealing laws. While we have made every attempt to show the most up-to-date version of Georgia theft laws, we do not guarantee its accuracy. This page is not a replacement for legal advice from a lawyer. It is in your best interest that you consult with an appropriate attorney for more information about Georgia theft laws.

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§ 16-8-1. Definitions

In this article, the following terms are defined as:

1. Deprive: To take away someone else's property without a good reason. This can mean either:

   • Withholding Property: Keeping someone else's property, either permanently or temporarily.
   • Disposing of Property: Getting rid of someone else's property in a way that makes it unlikely the owner will get it back.

2. Financial Institution: This includes banks, insurance companies, credit unions, building and loan associations, investment trusts, and other organizations that are publicly known as places to deposit money, save, or invest collectively.

3. Property of Another: Refers to any property that belongs to someone other than the accused. It does not include property that belongs solely to the accused's spouse or property jointly owned by the accused and their spouse.

§ 16-8-2. Theft by Taking

A person commits theft by taking when they unlawfully take or use someone else's property with the intention of keeping it or preventing the owner from getting it back. It doesn't matter how the property is taken or used.

§ 16-8-3. Theft by Deception

1. Offense: A person commits theft by deception when they obtain someone else's property through deceitful or crafty means, intending to keep the property from the owner.

2. What Constitutes Deception:

   • Creating False Impressions: Intentionally making someone believe something false.
   • Failing to Correct Lies: Not correcting a false impression you've previously created.
   • Withholding Information: Preventing someone from getting information needed to decide about their property.
   • Hiding Legal Issues: Selling or transferring property without disclosing any significant legal claims or liens against it.
   • Breaking Promises: Promising to perform services you don’t intend to do.

3. Exclusions: Minor false statements that aren't financially significant or unlikely to deceive an average person are not considered deceitful.

§ 16-8-4. Theft by Conversion

1. Offense: A person commits theft by conversion when they lawfully obtain someone else's money or property under an agreement to use it in a specific way but then use it for their own purposes instead.

2. Government or Financial Institution Employees: If a government or financial institution employee fails to return funds or property as agreed, it is assumed they intended to keep it for themselves.

3. Personal Property: This includes items worth more than $100, like heavy equipment or farm machinery. If someone with leased or rented property doesn't return it within five days after being asked by mail, it's assumed they intended to keep it.

4. Replacement Costs: If property isn’t returned, the court may order the offender to pay for the property's market value, any rental charges, and interest on unpaid amounts.

5. Probation: If ordered to pay replacement costs, the offender may be placed on probation until all costs are paid.

6. Reimbursement for Expenses: If the owner incurs costs to locate the offender, the court can require the offender to reimburse these expenses.

§ 16-8-5. Theft of Services

A person commits theft of services when they intentionally obtain services, accommodations, entertainment, or use of property that requires payment, without intending to pay for them.

§ 16-8-6. Theft of Lost or Mislaid Property

A person commits this offense when they take control of lost or misplaced property, know or learn that it was lost or misplaced, and use it for themselves without trying to return it to the owner.

§ 16-8-7. Theft by Receiving Stolen Property

1. Offense: Receiving, disposing of, or keeping stolen property knowing or believing it was stolen, unless intending to return it to the owner.
2. No Need for Principal Theft Conviction: You don’t need to prove the original theft to convict someone of receiving stolen property.

§ 16-8-8. Theft by Receiving Property Stolen in Another State

Similar to § 16-8-7, but specifically applies to property stolen in another state. Receiving, disposing of, or keeping such property knowing or believing it was stolen is an offense unless you intend to return it to the owner.

§ 16-8-9. Theft by Bringing Stolen Property into the State

A person commits this offense when they bring into Georgia any property they know or should know was stolen in another state.

§ 16-8-12. Penalties for Theft Offenses (§§ 16-8-2 to 16-8-9)

1. General Penalty: Theft offenses are usually treated as misdemeanors unless:

   • Property Over $500: Imprisonment from 1 to 10 years, or possibly as a misdemeanor.
   • Anhydrous Ammonia: 1 to 10 years imprisonment, a fine, or both.
   • Breach by Fiduciary or Government Employee: 1 to 15 years imprisonment, a fine, or both.
   • Memorial Property Theft: 1 to 3 years imprisonment for property valued at $300 or less; ensures legitimate maintenance activities are not penalized.
   • Motor Vehicles or Parts: 1 to 10 years imprisonment, with harsher penalties for repeat offenses.
   • Destructive Devices, Explosives, or Firearms: 1 to 10 years imprisonment.
   • Military Memorials: 1 to 5 years imprisonment depending on the value of the property.
   • Commercial Vehicles: 3 to 10 years imprisonment, significant fines, and possible license revocation.
   • Ferrous Metals: 1 to 5 years imprisonment and/or fines if the value exceeds $500.

2. Special Cases:

   • Theft from Elderly Persons: If property over $500 is stolen from someone 65 or older, imprisonment from 5 to 10 years.
   • Agricultural Products: Theft of growing crops results in fines between $500 and the legal maximum, without probation options if imprisonment is required.

§ 16-8-13. Theft of Trade Secrets

1. Definitions:

   • Article: Any object or material, including copies or records.
   • Copy: Any reproduction of an article.
   • Representing: Includes describing, depicting, or recording.
   • Trade Secret: Confidential information that provides economic value, not known to the public, and efforts are made to keep it secret.

2. Offense: Stealing trade secrets involves:

   • Taking, using, or sharing trade secrets without authorization.
   • Acquiring trade secrets through deceit.
   • Making copies of trade secrets without permission.

   Punishment: 1 to 5 years imprisonment and/or a fine up to $50,000. If the trade secret's value is $100 or less, it’s treated as a misdemeanor.

3. Court Protections: Courts must keep trade secrets confidential during legal proceedings through protective orders, sealed records, and restrictions on disclosure.

4. Continuing Theft: Ongoing thefts are treated as a single offense, but each recipient of the trade secret is charged separately.

5. Other Protections: This section does not affect other contractual or legal remedies related to trade secrets.

§ 16-8-14. Theft by Shoplifting

1. Offense: Shoplifting involves:

   • Taking or hiding store merchandise with the intent to use it without paying.
   • Altering price tags or labels.
   • Moving merchandise between containers.
   • Making the payment amount less than the store’s price.

2. Penalties:

   • Property $300 or Less: Treated as a misdemeanor with increasing penalties for repeat offenses:
     • Second Offense: Fine of at least $250.
     • Third Offense: At least 30 days imprisonment or 120 days in a community facility, plus possible psychological treatment.
     • Fourth or Later Offenses: Felony with 1 to 10 years imprisonment.
   • Property Over $300: Felony with 1 to 10 years imprisonment.
   • Multiple Stores: Stealing from three different stores within seven days, each theft over $100, is a felony punishable by 1 to 10 years imprisonment.

3. Value Definition: "Value" is the retail price at the time and place of the theft. Unchanged price tags or photos are considered evidence of value and ownership.

4. Sentencing Flexibility: Judges can schedule sentences during weekends or non-working hours for misdemeanors.

§ 16-8-16. Theft by Extortion

1. Offense: Extortion involves unlawfully obtaining property by threatening to:

   • Harm someone physically or commit another crime.
   • Accuse someone of a crime.
   • Spread information that could damage someone's reputation or business.
   • Abuse a public official's power.
   • Initiate or continue a strike or boycott for group benefits.
   • Manipulate legal testimony or information.

2. Jurisdiction: The crime is considered to occur in the county where the threat was made, received, or the property was taken.

3. Affirmative Defense: If the property obtained was claimed honestly as restitution or compensation for harm related to the threat, it can be a defense.

4. Penalties: Conviction results in 1 to 10 years imprisonment.

§ 16-8-20. Livestock Theft

1. Offense: Stealing livestock involves unlawfully taking or using someone else's animals with the intent to keep them.

2. Livestock Defined: Includes horses, cattle, pigs, sheep, goats, rabbits, and any domestic animal raised for food.

3. Penalties:

   • Value Over $100: Felony with 1 to 10 years imprisonment and a $1,000 fine.
   • Value $100 or Less: Misdemeanor.

4. Injured Livestock: If an animal is killed or harmed and part of it is taken, the value of the entire animal or carcass is considered to determine if it's a misdemeanor or felony.

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This summary aims to clarify Georgia's theft and shoplifting laws in an accessible manner. For specific legal advice or detailed interpretations, consulting a legal professional is recommended.

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