O.C.G.A. § 10-1-359.2 (2019)
Penalties for violations
(a) Except as provided for in subsection (e) 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 or when such regulated metal property is unlawfully obtained and results in property damage exceeding the aggregate amount of $1,500.00, 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. Each unlawfully possessed or obtained used, detached catalytic converter, as such term is defined in subsection (d) of Code Section 10-1-351, shall be considered a separate offense under this Code section. (b) 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
SELLING/OTHER TRADE PRACTICES
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.
History
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, § 11/HB 872; Ga. L. 2023, p. 71, § 1-7/SB 60, effective July 1, 2023. Amendments. The 2023 amendment, effective July 1, 2023, substituted “subsection (e)” for “subsection (d)” in the introductory language of subsection (a), inserted “or when such regulated metal property is unlawfully obtained and results in property damage exceeding the aggregate amount of $1,500.00” in paragraph (a)(3), and added the undesignated language at the end of subsection (a). See Editor’s notes for applicability.
Annotations
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. Ga. L. 2023, p. 71, § 3-1/SB 60, not codified by the General Assembly, provides, in part, that this part and all of Part I of this Act except Section 1-4 shall become effective on July 1, 2023, and shall apply to all transactions occurring on and after such date. Law reviews. For article on the 2012 amendment of this Code section, see 29 Georgia St. U.L. Rev. 238 (2012).