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2018 Georgia Code 16-8-105 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-8-105 Case Law from Google Scholar Amendments to OCGA 16-8-105

TITLE 16 CRIMES AND OFFENSES

Section 8. Offenses Involving Theft, 16-8-1 through 16-8-106.

ARTICLE 5 RESIDENTIAL MORTGAGE FRAUD

16-8-105. Penalties.

  1. Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both.
  2. If a violation of this article involves engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, said violation shall be punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both.
  3. Each residential property transaction subject to a violation of this article shall constitute a separate offense and shall not merge with any other crimes set forth in this title.

(Code 1981, §16-8-105, enacted by Ga. L. 2005, p. 848, § 2/SB 100.)

JUDICIAL DECISIONS

Cited in State v. Corhen, 306 Ga. App. 495, 700 S.E.2d 912 (2010).

Cases Citing O.C.G.A. § 16-8-105

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In Re Kota Chalfant Suttle, 701 S.E.2d 154 (Ga. 2010).

Cited 17 times | Published | Supreme Court of Georgia | Oct 4, 2010 | 288 Ga. 14, 2010 Fulton County D. Rep. 3181

...On October 28, 2009, pursuant to a negotiated agreement, Suttle, who has been a member of the State Bar of Georgia since 2002, pled guilty under North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), to one felony count of residential mortgage fraud, see OCGA §§ 16-8-102(2) and 16-8-105(a), and was given a misdemeanor sentence of six months probation as a first offender under OCGA § 17-10-5....