Affirmative Defenses to Prosecution for Violation of Code Sections 16-8-2 Through 16-8-9

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Involving Theft
  5. Theft
  6. Affirmative Defenses to Prosecution for Violation of Code Sections 16-8-2 Through 16-8-9

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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.

(Code 1933, § 26-1810, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2017, p. 435, § 3-2/HB 221.)

The 2017 amendment, effective July 1, 2017, substituted "16-8-9" for "16-8-7" in the introductory paragraph; substituted the present provisions of paragraph (2) for the former provisions, which read: "Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or"; added present paragraph (3); and redesignated former paragraph (3) as present paragraph (4).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Embezzlement, § 47. 50 Am. Jur. 2d, Larceny, § 63.

C.J.S.

- 76 C.J.S., Receiving or Transferring Stolen Goods, §§ 11, 12, 17.

ALR.

- Larceny or embezzlement by appropriating money or proceeds of paper mistakenly delivered in excess of the amount due or intended, 14 A.L.R. 894.

Retaking of money lost at gambling as robbery or larceny, 77 A.L.R.3d 1363.

Embezzlement, larceny, false pretenses, or allied criminal fraud by a partner, 82 A.L.R.3d 822.

Robbery, attempted robbery, or assault to commit robbery, as affected by intent to collect or secure debt or claim, 88 A.L.R.3d 1309.

What is "property of another" within statute proscribing larceny, theft, or embezzlement of property of another, 57 A.L.R. 6th 445.


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