Changes in Georgia's General Theft Statutes 16-8-2 through 16-8-9

Posted about 2 years ago. Applies to Georgia, 1 helpful vote

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1

General Theft Statutes (Current Law)

The Georgia Theft Statutes (16-8-2 through 16-8-9) establish the following theft crimes. 1. theft by taking, 2. deception, 3. conversion, 4. services, 5. lost property, 6. receiving in and out of state, and 7. bringing stolen property into the state. The current law states that if the property the subject of the theft is greater than $500.00 in value, the crime is punished as a felony including imprisonment for 1 to 10 years. The judge is given the discretion to punish the crime as a misdemeanor. If the property the subject of the theft is $500.00 in value or less, the crime is punished as a misdemeanor. Misdemeanors are punished by up to 12 months imprisonment and/or up to $1,000.00 fine.

2

New General Theft Statutes (Effective July 1, 2012)

The threshold for felony charges for the crimes above has been raised and punishment has been set in tiers dependent upon the value of the property the subject of the theft. If the property is valued at $1,500.00 or less, the crime shall be punished as a misdemeanor. If the property is valued at $1,500.01 but less than $5,000.00, the crime is punished as a felony. Punishment will range from 1 to 5 years imprisonment. The judge has the discretion to punish the crime as a misdemeanor. If the property is valued at $5,000.00 but less than $25,000.00, the crime is punished as a felony. Punishment will range from 1 to 10 years imprisonment. The judge has the discretion to punish the crime as a misdemeanor. If the property is valued at $24,999.99 or more, the crime is punished as a felony. Punishment will range from 2 to 20 years imprisonment. The judge does not have the discretion to punish this charge as a misdemeanor.

3

Multiple Convictions under the 'New Law'

If a person has two prior convictions under 16-8-2 through 16-8-9, the penalty for a third or subsequent conviction under these provisions is increased to a felony. Punishment will range from 1 to 5 years imprisonment. The judge still has the discretion as outlined in Section 2 above.

Additional Resources

The Jarrett Firm, LLC

HB 1176 text

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