Circumstances Permitting Inference of Intent to Avoid Payment; Exceptions

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Involving Theft
  5. Theft
  6. Circumstances Permitting Inference of Intent to Avoid Payment; Exceptions

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The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly:

  1. Used false identification;
  2. Provided false information on a written contract;
  3. Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee;
  4. Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner;
  5. Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or
  6. Returned any property at a time beyond posted business hours of the owner.

    No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

(Code 1981, §16-8-5.1, enacted by Ga. L. 2005, p. 952, § 1/HB 236; Ga. L. 2006, p. 72, § 16/SB 465.)


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