Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 10-1-359.3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-359.3 Case Law from Google Scholar Amendments to OCGA 10-1-359.3

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 14 SECONDARY METALS RECYCLERS

10-1-359.3. Forfeiture; items declared contraband.

  1. As used in this Code section, the term:
    1. "Crime" means:
      1. Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property;
      2. Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or
      3. A criminal violation of this article.
    2. "Proceeds" shall have the same meaning as set forth in Code Section 16-13-49.
    3. "Property" shall have the same meaning as set forth in Code Section 16-13-49.
  2. The following are declared to be contraband, and no person shall have a property right in them:
    1. Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom; and
    2. Any weapon possessed, used, or available for use in any manner to facilitate a crime.
  3. Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Code Section 16-13-49.

(Code 1981, §10-1-359.3, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2012, Code Section 10-1-362, as enacted by Ga. L. 2012, p. 112, § 1-1/HB 872, was redesignated as Code Section 10-1-359.3.

Editor's notes.

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

Law reviews.

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

Cases Citing Georgia Code 10-1-359.3 From Courtlistener.com

Total Results: 2

SMITH v. State

Court: Supreme Court of Georgia | Date Filed: 2024-05-29

Citation: 319 Ga. 352

Snippet: forfeiture of the seized property under OCGA § 10-1-359.3. That statute provides that “[a]ny property

SMITH v. State

Court: Supreme Court of Georgia | Date Filed: 2024-05-29

Snippet: forfeiture of the seized property under OCGA § 10-1-359.3. That statute provides that “[a]ny property