- A person commits the offense of financial transaction card theft when:
- He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder;
- He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and he retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder;
- He, not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer; or
- He, not being the issuer, during any 12 month period receives two or more financial transaction cards in the names of persons which he has reason to know were taken or retained under circumstances which constitute a violation of paragraph (3) of subsection (a) of Code Section 16-9-33 and paragraph (3) of this subsection.
- Taking, obtaining, or withholding a financial transaction card without consent of the cardholder or issuer is included in conduct defined in Code Section 16-8-2 as the offense of theft by taking.
- Conviction of the offense of financial transaction card theft is punishable as provided in subsection (b) of Code Section 16-9-38.
- When a person has in his possession or under his control two or more financial transaction cards issued in the names of persons other than members of his immediate family or without the consent of the cardholder, such possession shall be prima-facie evidence that the financial transaction cards have been obtained in violation of subsection (a) of this Code section.
(Code 1933, § 26-1705.2, enacted by Ga. L. 1969, p. 128, § 1; Code 1933, § 26-1705.1, enacted by Ga. L. 1980, p. 1083, § 1; Ga. L. 1992, p. 6, § 16.)
Law reviews.
- For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004).
JUDICIAL DECISIONS
Constitutionality.
- O.C.G.A. § 16-9-31(d), providing that the possession of two or more financial transaction cards issued to someone other than a member of the possessor's immediate family, without the consent of the person to whom the cards were issued, is prima facie evidence that the cards were obtained as the result of the theft of financial transaction cards, creates an unconstitutional mandatory presumption shifting the burden of proof to a defendant, but it is severable from the remainder of the statute prohibiting financial transaction card theft. Mohamed v. State, 276 Ga. 706, 583 S.E.2d 9 (2003).
Severing the unconstitutional mandatory burden-shifting presumption of O.C.G.A. § 16-9-31(d) from the remainder of § 16-9-31, prohibiting financial transaction card theft, did not affect the legislative purpose of the statute, and the remainder of § 16-9-31 was to be given full effect. Mohamed v. State, 276 Ga. 706, 583 S.E.2d 9 (2003).
Defendant's conviction of financial transaction card theft was proper, because while O.C.G.A. § 16-9-31(d) had been found to unconstitutionally shift the burden of proof, the remainder of the statute was ruled to be effective, and the defendant was charged with a violation of O.C.G.A. § 16-9-31(a). Middlebrooks v. State, 277 Ga. App. 551, 627 S.E.2d 154 (2006).
Construction with federal provisions.
- In a case in which the defendant appealed the 18-month sentence for violating 8 U.S.C. § 1326(a) and (b)(2), since the defendant's prior conviction for financial transaction card theft, in violation of O.C.G.A. § 16-9-31, was an aggravated felony under 8 U.S.C. § 1101(a)(43)(G), the district court did not err by applying 8-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(C). United States v. De La O-Gallegos, 663 Fed. Appx. 827 (11th Cir. 2016)(Unpublished).
Whether or not the card has been revoked when discovered in defendant's possession is not an element of the offense of card theft. Thomas v. State, 176 Ga. App. 771, 337 S.E.2d 344 (1985).
Not lesser included offense of financial transaction card fraud.
- Financial transaction card theft is not a lesser included offense of financial transaction card fraud, O.C.G.A. § 16-9-33; thus, defendant's prior conviction for the former offense did not preclude prosecution for the latter. Sword v. State, 232 Ga. App. 497, 502 S.E.2d 334 (1998).
Proper venue.
- Venue was proper for a conviction of financial transaction card theft, O.C.G.A. § 16-9-31(a), as jurisdiction was proper in the county where the offense occurred, Ga. Const. 1983, Art. VI, Sec. II, Para. VI, and the trial was held in the country in which the defendant resided and the site where the stolen cards were found. Middlebrooks v. State, 277 Ga. App. 551, 627 S.E.2d 154 (2006).
Improper venue.
- State failed to prove venue as to a financial transaction card theft, where defendant was charged with unlawfully "obtaining" cards in Gwinnett County, but the testimony showed that the cards were taken or obtained in a county other than Gwinnett and there was no evidence that defendant obtained the credit cards in Gwinnett County. Coursey v. State, 196 Ga. App. 135, 395 S.E.2d 574 (1990).
Showing that the defendant used the card is not necessary to establish a wrongful withholding although that showing may be sufficient to establish the offense. Thomas v. State, 176 Ga. App. 771, 337 S.E.2d 344 (1985).
An inference of guilt would not arise from unexplained possession of a credit card absent any further showing since, unlike a general theft situation, the original acquisition of the card need not be wrongful. Thomas v. State, 176 Ga. App. 771, 337 S.E.2d 344 (1985).
Fact that cardholder cancelled card after discovering its loss did not mean that state had to show issuer's lack of consent for defendant to use card, since O.C.G.A. § 16-9-31(a)(1) clearly provides that the withholding be done "without the cardholder's consent." Thomas v. State, 176 Ga. App. 771, 337 S.E.2d 344 (1985).
No distinction between valid, revoked, or unrevoked cards.
- State did not fail to prove that a victim's credit card was a financial transaction card as defined by O.C.G.A. § 16-9-30(5) because the trial evidence established that the card was a credit card as described under the statute, and the credit card was introduced into evidence at trial and, thus, was identifiable by the jury as a card included in the statute; the state was not required to show that a credit card was used or could have been used in order to establish the defendant's commission of the offense of financial transaction card theft because O.C.G.A. § 16-9-31(a)(1) did not distinguish between valid, revoked, or unrevoked cards in proscribing the offense. Amaechi v. State, 306 Ga. App. 333, 702 S.E.2d 680 (2010).
Wrong standard of proof applied in juvenile's case.
- Juvenile's adjudication as delinquent for theft related acts was reversed because the juvenile court applied an erroneous standard of proof by concluding that there was some evidence to find that the juvenile removed a teacher's wallet from the teacher's desk since the wallet was found in the juvenile's book bag as the proper standard was proof beyond a reasonable doubt, not the lesser and different standard of some evidence. In the Interest of A. G., 355 Ga. App. 771, 845 S.E.2d 779 (2020).
Evidence sufficient for conviction of financial transaction card theft and forgery.
- See Alexander v. State, 186 Ga. App. 787, 368 S.E.2d 550 (1988); Wilson v. State, 212 Ga. App. 325, 441 S.E.2d 808 (1994), overruled on other grounds, Mohamed v. State, 276 Ga. 706, 583 S.E.2d 9 (2003); Edwards v. State, 216 Ga. App. 225, 453 S.E.2d 806 (1995); Johnson v. State, 246 Ga. App. 239, 539 S.E.2d 914 (2000).
Videotapes of the defendant taking the victim's purse and using the victim's credit card, the defendant's company photograph, and the ID testimony of a clerk at the store where the purse was stolen was sufficient evidence to convict the defendant for a violation of O.C.G.A. § 16-9-31. Green v. State, 223 Ga. App. 467, 477 S.E.2d 895 (1996).
Evidence sufficient for conviction.
- Evidence was sufficient to support defendant's convictions under O.C.G.A. §§ 16-9-31 and16-9-33(a) since defendant took a bank card from defendant's sibling that was in the sibling's ex-spouse's name, defendant checked into a hotel and used it to guarantee the room, and while at the hotel, someone attempted to use the card, but the transaction was denied. Rogers v. State, 259 Ga. App. 516, 578 S.E.2d 169 (2003).
Evidence was sufficient to sustain conviction for financial transaction card theft, where the evidence showed, inter alia, that the victim's handbag containing three credit cards was found in defendant's car and that even if the jury found that defendant's children took the handbag, defendant was aware of it, hid it, or even directed the theft. Blance v. State, 261 Ga. App. 224, 582 S.E.2d 191 (2003).
Evidence that defendant, on two different dates, approached cashiers at the same store, gave them a credit card that was falsified in that it had the account numbers from another person's account superimposed over the credit card's original numbers, that the cashiers punched in the card's numbers manually when they could not get the card to scan properly, and that defendant was able to obtain store merchandise because the sales were then approved was sufficient to support defendant's conviction for financial transaction card theft. Epps v. State, 262 Ga. App. 113, 584 S.E.2d 701 (2003).
Defendant's conviction for credit card theft was supported by the evidence where defendant was painting in the victim's house, the victim fell asleep for part of the time that defendant was working there, and when the victim woke up the victim discovered that the victim's safe had been broken into and that credit cards and other information was missing from the victim's handbag. Defendant had the credit cards and a prescription medicine of the victim's in the victim's wallet when the police examined the contents thereof. Maddox v. State, 268 Ga. App. 610, 602 S.E.2d 326 (2004).
Testimony from the victim that on the day the victim's wallet disappeared, the defendant entered the victim's business, refused assistance, looked around and then sat down at a table near the location where the victim's purse was stored, provided sufficient circumstances for a jury to conclude that the defendant took the victim's wallet from the victim's workplace and was deliberately withholding the victim's financial transaction cards in opposition to the victim's possessory rights when the defendant was apprehended in Douglas County. Leonard v. State, 281 Ga. App. 184, 635 S.E.2d 795 (2006).
Defendant's convictions on various counts of financial transaction card theft and theft by taking were upheld on appeal as sufficient evidence established that, with regard to the two victims, the defendant was the only possible person to have taken the money and/or credit cards and/or identification cards from one victim's purse and the other victim's center car console. However, one conviction for theft by taking currency was reversed on appeal as the victim who alleged that the defendant stole the victim's wallet testified that the victim never kept cash in the wallet, and the indictment specifically stated that currency was taken. Allen v. State, 293 Ga. App. 439, 667 S.E.2d 215 (2008).
Evidence was sufficient to convict the defendant as a party to the crimes of financial transaction card theft and identity fraud because the defendant obtained a financial transaction card from a victim without the victim's consent as the state introduced evidence that the individual that the defendant gave transaction cards to used both transaction cards, and the state introduced the receipts evidencing the use and attempted use of the cards; and the defendant, without authorization, possessed a victim's financial transaction card information with the intent to use the card fraudulently. Daniel v. State, 342 Ga. App. 448, 803 S.E.2d 603 (2017).
Denial of motion for directed verdict proper.
- Trial court did not err in denying the defendant's motion for a directed verdict on the charge of financial transaction card theft because the victim was in constructive possession of the victim's credit card, which was sufficient to establish the allegation set forth in the accusation; because the victim was the cardholder on the account, the victim had the authority to exercise dominion and control over the credit card that had been issued in the victim's name. Amaechi v. State, 306 Ga. App. 333, 702 S.E.2d 680 (2010).
Jury was authorized to find that the defendant acted with guilty knowledge and intent to commit credit card theft in violation of O.C.G.A. § 16-9-31(a)(1) because the evidence established that the defendant had obtained unauthorized possession of the victim's credit card, and there was circumstantial evidence from which an inference could be drawn that the defendant had knowledge that the defendant was accepting the credit card without authority and as part of an unlawful scheme; when the defendant was confronted by police officers, the defendant fled, and the defendant maintained unauthorized possession of a different credit card, along with additional items that could be used to engage in fraudulent credit transactions. Amaechi v. State, 306 Ga. App. 333, 702 S.E.2d 680 (2010).
Conviction on multiple counts proper.
- Defendant was properly convicted of nine counts of financial transaction card theft under O.C.G.A. § 16-9-31(a)(1), as each card was distinct and bore a different number or expiration date, and it was not error to charge the defendant with a separate count of financial transaction card theft, i.e. withholding a financial transaction card, for each card withheld. Middlebrooks v. State, 277 Ga. App. 551, 627 S.E.2d 154 (2006).
There was sufficient evidence to support a conviction for financial transaction card (FTC) theft, in violation of O.C.G.A. § 16-9-31(a)(1), where cards, bank documents, and other physical evidence were found upon execution of a search warrant at the defendant's residence, and the cards fit within the definition of a FTC, pursuant to O.C.G.A. § 16-9-30(5); at trial, the cards were introduced into evidence and the owners testified as to what type of cards they were and that the defendant and the codefendant had not been given permission to possess the cards. Brown v. State, 277 Ga. App. 514, 627 S.E.2d 136 (2006).
Because each of three financial transaction cards found in a defendant's possession was unique and each bore a different number and expiration date, the defendant's conviction on three counts of financial transaction card theft under O.C.G.A. § 16-9-31 was proper. Leonard v. State, 281 Ga. App. 184, 635 S.E.2d 795 (2006).
Jury charge erroneously shifted burden of proof.
- When a jury charge on financial transaction card theft included the O.C.G.A. § 16-9-31(d) presumption of guilt, which had subsequently been declared unconstitutional, the charge erroneously shifted the burden of proof; thus, the defendant's conviction was reversed. Cade v. State, 264 Ga. App. 52, 589 S.E.2d 870 (2003).
Jury instruction.
- Jury instruction which stated the unconstitutional mandatory burden-shifting presumption in O.C.G.A. § 16-9-31(d) was not harmless beyond a reasonable doubt as the evidence of defendant's guilt was not overwhelming. Mohamed v. State, 276 Ga. 706, 583 S.E.2d 9 (2003).
Trial court did not err in failing to give the defendant's requested jury charge on mere presence because the defendant was not entitled to the instruction since the evidence showed that the defendant was an active participant in the financial transaction card theft. Amaechi v. State, 306 Ga. App. 333, 702 S.E.2d 680 (2010).
Cited in Rozier v. State, 259 Ga. 399, 383 S.E.2d 113 (1989).
RESEARCH REFERENCES
Am. Jur. 2d.
- 32 Am. Jur. 2d, False Pretenses, §§ 11, 23. 37 Am. Jur. 2d, Fraud and Deceit, § 1 et seq.
C.J.S.
- 35 C.J.S, False Pretenses, § 13.
ALR.
- May offense of obtaining money or property by false pretenses or confidence game be predicated on obtaining loan or renewal thereof, 52 A.L.R. 1167.
When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.
Validity, construction, and application of state statutes relating to offense of identity theft, 125 A.L.R.5th 537.
Criminal liability for unauthorized use of credit card under state credit card statutes, 68 A.L.R.6th 527.
FAQs
What is the code 16 9 31 in Georgia? ›
§16-9-31 Outlines the Crime of Financial Transaction Card Theft. A person commits financial transaction card theft when a person: Takes a credit or debit card from the cardholder without their consent. Knowingly possesses a stolen credit or debit card without the owner's consent with the intent to use it or sell it.
What is statute 16 9 20 in Georgia? ›Deposit Account Fraud. A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee.
What is Georgia Code Title 16 crimes and offenses 16 12 141? ›(a) A person commits the offense of criminal abortion when, in violation of Code Section 16-12-141, he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion.
What is the code 16 9 33 in Georgia? ›O.C.G.A. §16-9-33 Outlines the Crime of Financial Transaction Card Fraud. A person commits financial transaction card fraud when a person: Knowingly uses a credit or debit card without permission with the intent to defraud.
What is 3rd degree forgery in Georgia? ›Forgery in the Third Degree:
knowingly makes, alters, or possesses and utters or delivers any check in the amount of $1,500 or more in a fictitious name or allegedly made by another person who did not give that authority; or.
(a) It shall be unlawful for any person to print or cause to be printed checks, drafts, orders, or debit card sales drafts, drawn upon any financial institution or to execute or negotiate any check, draft, order, or debit card sales draft knowing that the account number, routing number, or other information printed on ...
What is the 4 year statute of limitations in Georgia? ›Georgia civil statute of limitations laws impose a two-year time limit for personal injuries and fraud, with a four-year statute of limitations for trespassing, debt collection, and injuries to personal property. This article provides a brief overview of Georgia's civil statute of limitations.
What is Georgia Code Title 16 crimes and offenses 16 11 90? ›Prohibition on Nude or Sexually Explicit Electronic Transmissions. As used in this Code section, the term: "Harassment" means engaging in conduct directed at a depicted person that is intended to cause substantial emotional harm to the depicted person.
What is statute 16 8 9 in Georgia? ›Theft by Bringing Stolen Property Into State. A person commits the offense of theft by bringing stolen property into this state when he brings into this state any property which he knows or should know has been stolen in another state.
What is statute 16 11 in Georgia? ›Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner.
What is statute 16 2 20 in Georgia? ›
§16-2-20 state every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime. Further, a person is concerned in the commission of a crime only if he: Directly commits the crime.
What is Georgia Code 16 12 122? ݤ16-12-122. Georgia law states that it shall be unlawful for any person to avoid or interfere with a properly functioning security measure. Therefore, there are two ways to violate this statute: avoiding and interfering.
What is Georgia criminal Code 16 9 51? ›Georgia Law
§ 16-9-51, it is illegal for another to destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with intent to hinder enforcement of that interest. A conviction under this section will result in the defendant being guilty of a misdemeanor.
§9-11-69. Execution; discovery in aid thereof. Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise.
What is Georgia Code 9 11 21? ›Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.
What is the penalty for forgery in Georgia? ›Punishment. Forgery in the first degree is punishable by one to 15 years' imprisonment. Second and third degree forgery are punishable by one to five years in prison.
What are the 3 types of forgery? ›What are the three types of forgery? Three common types of forgery are signature forgery, art forgery, and document forgery. Each of these types of forgery involves different methods of creating or altering documents, signifiers, and objects with the intent to deceive.
Is forgery a felony in GA? ›A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years.
What is Georgia Code Title 16 crimes and offenses 16 6 1? ›Section 16-6-1 - Rape (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.
What is Georgia statute 16 13 32.3 A? ݤ 16-13-32.3. It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter.
What is statute 16 9 4 in Georgia? ›
It shall be unlawful for any person to knowingly manufacture, alter, sell, distribute, deliver, possess with intent to sell, deliver, or distribute, or offer for sale, delivery, or distribution a false, fraudulent, or fictitious identification document or any identification document which contains any false, fictitious ...
How long before a debt becomes uncollectible in Georgia? ›The statute of limitations is a strong defense in debt collection cases. Summary: The Georgia statute of limitations on debt is six years for written contracts or credit cards and four years for oral and open accounts.
How long does a warrant stay active in Georgia? ›There is a statute of limitations limiting the amount of time the state can prosecute you for a crime and thus issue a warrant – generally two years for misdemeanors and seven years for low-level felonies, with no statute of limitations for more serious offenses such as murder.
How long do they have to indict you in GA? ›In Georgia, the court has 2 years to file an accusation in a misdemeanor case and 4 years to indict a felony but once accused or indicted, the statute of limitations does not apply. Constitutional speedy demand is based on case law and the 6th amendment.
What is statute 16 11 62 in Georgia? ݤ 16-11-62 - Eavesdropping, surveillance, or intercepting communication which invades privacy of another; divulging private message. (7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6) of this Code section which invade the privacy of another.
What is Georgia Criminal Code 16 8 2? ›16-8-2. A person commits the offense of theft of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
What is Georgia Criminal Code 16 7 21? ›A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that ...
What is the Code for forgery in Georgia? ›Code § 16-9-2. Section 16-9-2 - Penalties for forgery (a) A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years.
What is statute 19 9 3 in Georgia? ›Establishment and Review of Child Custody and Visitation. In all cases in which the custody of any child is at issue between the parents, there shall be no prima-facie right to the custody of the child in the father or mother.
What is the 16 5 90 law in Georgia? ›Stalking; Psychological Evaluation. A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
What is statute 16 6 12 in Georgia? ›
A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.
What is Rule 11 in Georgia Rules of Civil Procedure? ›CHAPTER 11 - CIVIL PRACTICE ACT. ARTICLE 3 - PLEADINGS AND MOTIONS. § 9-11-11 - Signing of pleadings; when verification required; rule abolished. (a) Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.
What is statute 16 6 5 in Georgia? ›Enticing a Child for Indecent Purposes. A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
What are Georgia statute of limitations? ›Definition of Statute of Limitations in Georgia
In general, civil cases have a four-year time period while criminal cases have a two-year time period. If a lawsuit is not filed within the allotted time frame, the individual may be barred from filing the suit at all.
It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor.
What is Georgia statute 16 5 23.1 F? ›Battery. A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
What is Georgia Code 16 11 132 A? ݤ 16-11-132 - Possession of handgun by person under the age of 18 years. (a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.
What is Georgia Code 16 11 126 A? ›(a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license.
What is Georgia Code 16 11 31? ›Section 16-11-31 - Inciting to riot (a) A person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, commits the offense of inciting to riot.
What is Georgia Code 16 9 59? ݤ 16-9-59.
(i) Improving a buyer's credit record, history, or rating; (ii) Obtaining an extension of credit for a buyer; (iii) Providing advice or assistance to a buyer with regard to either division (i) or (ii) of this subparagraph.
What is the statute 16 11 39 in Georgia? ›
Section 16-11-39 - Disorderly conduct (a) A person commits the offense of disorderly conduct when such person commits any of the following: (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health; (2) Acts in ...
What is theft by deception Georgia Code 16 8 3? ›Theft by Deception. A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
What is Georgia's Rule 68? ›A Rule 68 Offer of Settlement raises the stakes for the party receiving an offer. If the party rejects the offer, it risks having to pay attorneys' fees and expenses of the offering party based on the outcome of the case.
What is Georgia Code 16 11 61? ›Peeping Toms. It shall be unlawful for any person to be a "peeping Tom" on or about the premises of another or to go about or upon the premises of another for the purpose of becoming a "peeping Tom."
What is Georgia Code 16 11 66? ›Interception of Wire, Oral, or Electronic Communication by Party Thereto; Consent Requirements for Recording and Divulging Conversations to Which Child Under 18 Years Is a Party; Parental Exception.
What is Georgia Code 9 11 26? ›(A) (i) A party may, through interrogatories, require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected ...
What is Georgia Code Section 9 11 68? ›See OCGA §§ 9-11-68 (b) (1), (2), (d) (2) (party rejecting a settlement offer may be liable for attorney's fees, but court may determine that an offer was not made in good faith and disallow an award of attorney's fees).” Smith v. Baptiste, 287 Ga. 23, 29 (2010).
What is Georgia Code 9 11 8? ›A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state, and this has the effect of a denial.
What is 16 9 51 a GA Code? ݤ 16-9-51, it is illegal for another to destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with intent to hinder enforcement of that interest. A conviction under this section will result in the defendant being guilty of a misdemeanor.
What is 16 11 31 GA Code? ›Section 16-11-31 - Inciting to riot (a) A person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, commits the offense of inciting to riot.
What is 16 9 35 GA Code? ›
A person commits the offense of criminally receiving goods and services fraudulently obtained when he receives money, goods, services, or anything else of value obtained in violation of subsection (a) of Code Section 16-9-33 with the knowledge or belief that the same were obtained in violation of subsection (a) of Code ...
What is Georgia law Code Section 16 11 39? ›Section 16-11-39 - Disorderly conduct (a) A person commits the offense of disorderly conduct when such person commits any of the following: (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health; (2) Acts in ...
What is violation of GA Code 16 4 1? ›Criminal Attempt. A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime. (Code 1933, § 26-1001, enacted by Ga.
What is GA Code 16 9 32? ›With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely encodes, duplicates, or alters existing encoded information on a financial transaction card or utters such a financial transaction card; or.
What is Georgia Code 16 11 127.1 A? ›One of the more common serious offenses that Georgia juvenile courts deal with is possession of a weapon in a school safety zone. This offense is governed by O.C.G.A. § 16-11-127.1. Under Georgia law, all individuals (not just students) are forbidden from bringing weapons into school zones.
What is GA Code 16 9 2? ›Penalties for Forgery. A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years.
What is GA Code 16 9 122? ›O.C.G.A. §16-9-122 criminalizes the attempting or conspiring to commit identity fraud. If convicted of an attempt, the accused will be punished by prison, community service, fine, or by both. However, the punishment for an attempt cannot exceed the penalty for when identity fraud was actually committed.
What is the statute 16 5 100 in Georgia? ›Definitions. As used in this article, the term: (0.1) "Abuse of access" means the illegal taking of resources belonging to a disabled adult or elder person when access to the resources was obtained due to the disabled adult's or elder person's mental or physical incapacity.
What is Georgia Code Title 16 crimes and offenses 16 11 36? ›Loitering or Prowling. A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
What is Georgia Code Section 16 11 125? ›"Handgun" means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term "handgun ...