Penalties for Violations

1. Law
2. Georgia Code
3. Commerce and Trade
4. Selling and Other Trade Practices
5. Secondary Metals Recyclers
6. Penalties for Violations

1. Except as provided for in subsection (d) of Code Section 10-1-359.1, any person who buys or sells regulated metal property in violation of any provision of this article:
   1. For a first offense, shall be guilty of a misdemeanor;
   2. For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and
   3. For a third or subsequent offense, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
2. Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees.

(Code 1981, §10-1-357, enacted by Ga. L. 1992, p. 2452, § 1; Ga. L. 2007, p. 650, § 2/SB 203; Code 1981, §10-1-359.2, as redesignated by Ga. L. 2012, p. 112, § 1-1/HB 872.)

Cross references.

- Penalty for theft of ferrous metals or regulated metal property, § 16-8-12.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2012, Code Section 10-1-361, as enacted by Ga. L. 2012, p. 112, § 1-1/HB 872, was redesignated as Code Section 10-1-359.2. In the introductory language of subsection (a), "Code Section 10-1-359.1" was substituted for "Code Section 10-1-360".

Editor's notes.

- Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides that the amendment of this Code section shall apply to all offenses committed on or after July 1, 2012.

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).

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