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Georgia Property Crimes/Theft Laws

Damage to Property
Damage to Property Second Degree
Trespassing
Burglary
Robbery
Armed Robbery
Theft by taking
Theft by deception
Theft by conversion
Shoplifting

Criminal Damage to Property; O.C.G.A. 16-7-22.
First Degree Criminal Damage to Property occurs when a person knowingly, without authority, interferes with another person's property in any manner that will endanger human life.

Punishment: Felony, 1 to 10 years in prison.

Criminal Damage to Property Second Degree O.C.G.A. 16-7-23

Second Degree Criminal Damage to Property can occur in three different ways:

a person intentionally damages property of another without consent and damage exceeds $500.00; or (
recklessly or intentionally damages property with fire or explosives; or
starts a fire on land of another with intent to damage.
Punishment: Felony, 1 to 5 years in prison.

Trespassing - O.C.G.A. 16-7-21
Criminal trespass can be committed in five different ways
a person intentionally causes damage to the property of another without his consent and the damage is less than $500.00;
knowingly and maliciously interferes with possession or use of the property of another;
enters upon the property of another person for any unlawful purpose;
enters upon the property of another person after receiving notice from the owner that such entry is forbidden; or
remains upon the property of another person after receiving notice from the owner to depart. Punishment: Misdemeanor, with up to 12 months to serve.

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
A person must take property from another person's body or from their immediate presence by the use of force and with the intent to commit a 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.

Punishment: Felony, 1 to 20 years in prison.

Armed Robbery - O.C.G.A. 16-8-41
Armed robbery is similar to robbery, except the force element requires the use of a weapon or something which has the "appearance of such weapon.

Punishment: Felony punishable by death, life or 10 to 20 years in prison

Theft - Theft by taking - O.C.G.A. 16-8-2
To be convicted of theft by taking someone unlawfully takes, appropriates or carries away any property of another with intent of depriving him of the property.

Theft by deception - O.C.G.A. 16-8-3
Obtaining property of another by deceitful means, is referred to as theft by deception. The statute also requires that the defendant intend to deprive the owner of the property.

Theft by conversion - O.C.G.A. 16-8-4
Sometimes people are lawfully in possession of property for a specified use, but if he instead converts the property for his own use in violation of the agreement, it is called theft by conversion.

Punishment: 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 treated differently than other theft crimes mainly because it is so prevalent. The State must show one of the following:
concealment or taking possession of goods or merchandise
transferring goods from one container to another
altering the price tag of goods or merchandise
switching labels or price tags on merchandise
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. Shoplifting goods worth more than $300 is a felony punishable by 1 to 10 years. However, the punishments are enhanced if the person has prior shoplifting charges.

 

 


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