O.C.G.A.

O.C.G.A. § 16-7-2 (2019)

Smash and grab burglary; ‘‘retail establishment’’ defined; penalty

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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.

(b) 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.

(c) 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.

History

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

Annotations

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) and 16-7-2(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, No. A17A1444, 2018 Ga. App. LEXIS 176 (2018).

ARTICLE 1A HOME INVASION

Notes of Decisions

Cited in 3 cases, 2015–2018 · leading case: Parm v. Nat'l Bank of California, N.A., 242 F. Supp. 3d 1321 (N.D. Ga. 2017).

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Parm v. Nat'l Bank of California, N.A., 242 F. Supp. 3d 1321 (N.D. Ga. 2017). · cites it 2× “to bring a civil action under O.C.G.A. § 16-7-2. (Id. ¶ 162.) Plaintiff alleges that Defendant “aided and abetted the Illegal Payday Lenders’ violations of the [Act] by.”

Pugh v. The State., 820 S.E.2d 766 (Ga. Ct. App. 2018). · cites it 2× “*710 A Clayton County jury found Christopher Pugh guilty of one count each of smash and grab burglary ( OCGA § 16-7-2 ), criminal trespass 1 ( OCGA § 16-7-21 ), possession of tools for the commission of crime ( OCGA § 16-7-20 ), and loitering or prowling ( OCGA § 16-11-36 ).”

Carter v. Butts Cnty., 110 F. Supp. 3d 1325 (M.D. Ga. 2015). · cites it 2× “"A person commits the offense 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…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.