2025 Georgia Codes – Page 82

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.

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.

(a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a mis-
demeanor except:
(1)(A) If the property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for
not less than two nor more than 20 years;
(B) If the property which was the subject of the theft was at least $5,000.00 in value but was less than
$25,000.00 in value, by imprisonment for not less than one nor more than ten years and, in the discretion
of the trial judge, as for a misdemeanor;
(C) If the property which was the subject of the theft was at least $1,500.01 in value but was less than
$5,000.00 in value, by imprisonment for not less than one nor more than five years and, in the discretion of
the trial judge, as for a misdemeanor; and
(D) If the defendant has two prior convictions for a violation of Code Sections 16-8-2 through 16-8-9,
upon a third conviction or subsequent conviction, such defendant shall be guilty of a felony and shall be
punished by imprisonment for not less than one nor more than five years and, in the discretion of the trial
judge, as for a misdemeanor;
(2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by impris-
onment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code
Section 17-10-8, or both;
(3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of
a government or a financial institution in breach of his or her duties as such officer or employee, by impris-
onment 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;
(4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject
of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to,
or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than
three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery
owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club
legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monu-
ment, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal
act;
(5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the theft or unlawful activity
was committed in violation of subsection (b) of Code Section 10-1-393.5 or in violation of subsection (b)
of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title
10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as
for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense
under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years.
(B) Subsequent offenses committed under this paragraph, including those which may have been committed
after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section