O.C.G.A.

O.C.G.A. § 16-8-20 (2019)

Livestock theft

✓ 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) A person commits the offense of livestock theft when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any livestock of another with the intention of depriving the owner of such livestock.

(b) For the purposes of this Code section, the term ‘‘livestock’’ means horses, cattle, swine, sheep, goats, rabbits, and any domestic animal produced as food for human consumption.

(c) Any person committing the offense of livestock theft commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years and by a fine of $1,000.00; provided, however, that, if the fair market value of the livestock taken or appropriated is $100.00 or less, the person shall be guilty of a misdemeanor.

(d) For the purposes of this Code section, if any livestock is killed or mutilated and a portion thereof taken, the value of the whole animal while alive or his entire carcass, whichever is greater, shall be considered for the purpose of distinguishing between a misdemeanor offense and a felony offense.

History

(Code 1933, § 26-1817, enacted by Ga. L. 1974, p. 1006, § 1; Ga. L. 1995, p. 244, § 10; Ga. L. 2008, p. 458, § 7/SB 364.)

Annotations

JUDICIAL DECISIONS Cited in Gunter v. State, 155 Ga. App. 176, 270 S.E.2d 224 (1980). RESEARCH REFERENCES Am. Jur. 2d. - 50 Am. Jur. 2d, Larceny § 58. C.J.S. - 52B C.J.S., Larceny, §§ 22, 23. ALR. - Dogs as subject of larceny, 92 A.L.R. 212. What constitutes ‘‘loss from theft’’ within provisions of Internal Revenue Code concerning deduction of losses arising from theft, 62 A.L.R.2d 572.

Stealing carcass as within statute making it larceny to steal cattle or livestock, 78 A.L.R.2d 1100. Robbery, attempted robbery, or assault to commit robbery, as affected by intent to collect or secure debt or claim, 88 A.L.R.3d 1309. What constitutes tax-deductible theft loss under 26 USCS § 165, 98 A.L.R. Fed. 229.

Notes of Decisions
Cited in 2 cases, 1983–2017 · leading case: Mathis v. The State., 807 S.E.2d 4 (Ga. Ct. App. 2017).
Mathis v. The State., 807 S.E.2d 4 (Ga. Ct. App. 2017). · cites it 2× “Counts 52 (theft by taking) and 53 (livestock theft (OCGA § 16-8-20 ) ) were severed from Mathis' trial, and he entered pleas of guilty to these two counts following trial for the remaining 52 counts.”
Buchanan v. State, 308 S.E.2d 860 (Ga. Ct. App. 1983). · cites it 2× “OCGA § 16-8-20 (Code Ann. § 26-1817). He enumerates four errors, none of which we find meritorious.”
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.