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Georgia
Theft Crimes
Burglary
- O.C.G.A. - 16-7-1
A person
commits burglary when he enters or remains within a dwelling or
other protected structure without authority and with intent to
commit a felony or theft.
Punishment:
Felony, 1 to 20 years in prison for first offense. Second
conviction, 2 to 20 years; third conviction 5 to 20 years.
Robbery
- O.C.G.A. 16-8-40
Robbery
is distinct from other theft crimes in Georgia because it requires
an element of force. In order to be convicted of robbery, the
defendant must have taken another property from the person or
immediate presence of another by use of force with the intent
to commit theft. The force requirement may be met if the defendant
used actual force, or intimidation, threat of serious bodily injury
or if he suddenly snatched the property of another. Further, merely
moving the property of another slightly may be a taking, according
to the Georgia Supreme Court.
Punishment:
Felony, 1 to 20 years in prison.
Armed
Robbery - O.C.G.A. 16-8-41
Armed
robbery has the same basic elements as robbery, except the force
element requires the use of a weapon or something which has the
"appearance of such weapon". The purpose of the statute’s
language is to criminalize theft by use of toy guns or any other
article that may be reasonably apprehended by the victim as a
weapon, whether the victim actually sees it or not. Thus, it is
irrelevant whether or not the item can actually be used
as a weapon, as long as it looks like one.
Punishment:
Felony punishable by death, life or 10 to 20 years in prison
Theft
– In Georgia, theft crimes are divided into various
categories that frequently overlap. The kinds of theft are differentiated
by the manner in which the property is taken away from its rightful
owner.
Theft
by taking - O.C.G.A. 16-8-2
The most
commonly known type of theft is simply called theft by taking.
It occurs when someone unlawfully takes, appropriates or carries
away any property of another with intent of depriving him of the
property. It is important to note the "intent to deprive"
requirement. The criminal code defines it as to withhold either
"permanently or temporarily". Therefore it appears that
even if someone takes the property of another temporarily with
the intent of returning it, they may still be guilty of theft
by taking.
Theft
by deception - O.C.G.A. 16-8-3
When someone
obtains the property of another by deceitful means, it is referred
to as theft by deception. The statute also requires that the defendant
intend to deprive the owner of the property. For example, when
someone writes a check in payment for goods or services knowing
that the check is worthless, he may be guilty of theft by deception.
Theft
by conversion - O.C.G.A. 16-8-4
When an
individual has lawfully obtained the property of another for a
specified use, and he instead converts the property for own use
in violation of the agreement, it is called theft by conversion.
For example, if someone obtains a donation from a merchant under
the pretense that the goods will be auctioned off for charity,
when in reality he intends to sell them for his own profit, he
may be convicted of theft by conversion.
Punishment:
all theft crimes except shoplifting are punished as a misdemeanor
if property value is less than $500 (with exceptions). If
the value of the items is more than $500, then 1 to 10 years
in prison is the punishment.
Theft
by Shoplifting – O.C.G.A. 16-8-14
Shoplifting
is separated from other theft crimes mainly because of problems
proving intent and "carrying away" of the property.
Typically, a consumer is authorized to pick something up in a
store and examine it, but it is often difficult to determine when
an unauthorized carrying away has occurred. Thus, any of the following
acts violate the statute against shoplifting: 1) concealment or
taking possession of goods or merchandise; 2) transferring goods
from one container to another; 3) altering the price tag of goods
or merchandise; 4) switching labels or price tags on merchandise,
and 5) wrongfully causing the amount paid to be less than the
merchant’s stated price.
Punishment:
For shoplifting goods worth $300 or less, the law calls for
misdemeanor punishment. (Prior to July 1, 1998 the threshold
for a misdemeanor was $100.) Shoplifting goods worth more
than $300 is a felony punishable by 1 to 10 years.
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William C. Head, Senior Partner
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