2025 Georgia Codes – Page 79

(a) As used in this Code section, the term:
(1) “Retail property” means any article, product, commodity, item, or component intended to be sold in retail
commerce.
(2) “Retail property fence” means a person or entity that buys, sells, transfers, or possesses with the intent to
sell or transfer retail property that such person knows or should have known was stolen.
(3) “Value” means the retail value of the item as stated or advertised by the affected retail establishment, to
include applicable taxes.
(b) A person commits the offense of retail property fencing when such persons receives, disposes of, or
retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with
the intent to:
(1) Transfer, sell, or distribute such retail property to a retail property fence; or
(2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other
things of value.
(c) Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with
the intent to distribute any retail property which is known or should be known to have been taken or stolen
in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage,
carry on, or facilitate an offense described in this subsection, shall have committed the offense of retail prop-
erty fencing.
(d)(1) It shall not be necessary in any prosecution under this Code section for the state to prove that any
intended profit was actually realized. The trier of fact may infer that a particular scheme or course of con-
duct was undertaken for profit from all of the attending circumstances.
(2) It shall not be a defense to violating this Code section that the property was obtained by means other than
through the commission of a theft offense if the property was explicitly represented to the accused as being
obtained through the commission of a theft.
(e)(1) As used in this subsection, the terms “proceeds” and “property” shall have the same meanings as set
forth in Code Section 9-16-2.
(2) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a viola-
tion of this Code section and any proceeds are declared to be contraband and no person shall have a prop-
erty right in them; provided, however, that notwithstanding paragraph (2) of subsection (a) of Code Section