Theft - Refund fraud
Organized retail theft
Theft - Organized retail theft
(a) A person commits the offense of organized retail theft when such person intentionally organizes, plans, finances, directs, manages, or supervises one or more other persons to appropriate property of a store or retail establishment to his or her own use without paying for such property or to deprive the owner of the property of the value thereof, in whole or in part, and when such property is taken from one or more stores or retail establishments over a period of 180 days with the intent to sell such property for monetary or other gain and when the aggregate value of the property which was the subject of the theft has a value exceeding $24,999.99 and is placed or is to be placed in the control of a retail property fence as defined in Code Sec- tion 16-8-5.2 or other person in exchange for consideration. (b) In all cases involving organized retail theft, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. (c) In any criminal proceeding pursuant to this Code section, the crime shall be considered to have been com- mitted in any county in which an incident of organized retail theft occurred. (d) A person convicted of a violation of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 20 years, a fine not to exceed $50,000.00, or both.
Theft by conversion of payments for property improvements
(a) Any architect, landscape architect, engineer, contractor, subcontractor, or other person who with intent to defraud shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor or service performed on or materials furnished by his order for this specific improvement while any amount for which he may be or become liable for such labor, services, or materials remains unpaid commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or upon the recommendation of the jury or in the discre- tion of the trial judge, punished for a misdemeanor, provided that, in addition to the above sanctions, where a corporation’s agent acts within the scope of his office or employment and on behalf of the corporation and with intent to defraud uses such proceeds for purposes other than for property improvements or where a corporation’s board of directors or managerial official, the latter acting within the scope of his employment and on behalf of the corporation recklessly tolerates or, with intent to defraud, authorizes, requests, or com- mands the use of such proceeds for purposes other than for property improvements, the corporation commits a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00. (b) A failure to pay for material or labor furnished for such property improvements shall be prima-facie evi- dence of intent to defraud.