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O.C.G.A. § 16-7-2 — Smash and grab burglary; "retail establishment" defined; penalty | Georgia Code
O.C.G.A. § 16-7-2 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 7. Damage to and Intrusion upon Property, 16-7-1 through 16-7-97.

ARTICLE 1 BURGLARY

16-7-2. Smash and grab burglary; "retail establishment" defined; penalty.

  1. As used in this Code section, the term "retail establishment" means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment.
  2. A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent.
  3. A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both.

(Code 1981, §16-7-2, enacted by Ga. L. 2010, p. 1147, § 6/HB 1104.)

JUDICIAL DECISIONS

Circumstantial evidence identifying defendant.

- Defendant's convictions for burglary and smash and grab burglary under O.C.G.A. §§ 16-7-1(c) and16-7-2(b) were supported by circumstantial evidence, including cell phone evidence that the defendant was near the scenes of the two burglaries and DNA evidence from a cigarette butt found in a very similar burglary days after the charged crimes. Nations v. State, 345 Ga. App. 92, 812 S.E.2d 346 (2018).

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.