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.)