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2018 Georgia Code 16-8-82 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-8-82 Case Law from Google Scholar Amendments to OCGA 16-8-82

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 4 MOTOR VEHICLE CHOP SHOPS AND STOLEN AND ALTERED PROPERTY

16-8-82. Definitions.

As used in this article, the term:

  1. "Chop shop" means any building, lot, or other premise where one or more persons knowingly engage in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud in order to either:
    1. Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identification, including the vehicle identification number of such motor vehicle or motor vehicle part, in order to misrepresent the identity of such motor vehicle or motor vehicle part or to prevent the identification of such motor vehicle or motor vehicle part; or
    2. Sell or dispose of such motor vehicle or motor vehicle part.
  2. "Motor vehicle" includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway which is self-propelled or which may be connected to and towed by a self-propelled device and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery and construction equipment.
  3. "Person" includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity.
  4. "Unidentifiable" means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques or by expert employees of not for profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques.
  5. "Vehicle identification number" includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Revenue for the purpose of uniquely identifying a motor vehicle or motor vehicle part.

(Code 1981, §16-8-82, enacted by Ga. L. 1991, p. 1805, § 1; Ga. L. 2002, p. 415, § 16; Ga. L. 2003, p. 140, § 16; Ga. L. 2005, p. 334, § 6-1/HB 501.)

JUDICIAL DECISIONS

Cited in Conley v. State, 281 Ga. App. 841, 637 S.E.2d 438 (2006).

Cases Citing O.C.G.A. § 16-8-82

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Harris v. State, 686 S.E.2d 777 (Ga. 2009).

Cited 38 times | Published | Supreme Court of Georgia | Nov 23, 2009 | 286 Ga. 245, 2009 Fulton County D. Rep. 3663

...vehicle" as used in OCGA § 16-8-12 and the definitions in OCGA § 40-1-1 is bolstered by the "Chop Shop" Act, OCGA §§ 16-8-80 through 16-8-86, which is also part of Chapter 8 of the Criminal Code. In the Chop Shop Act's definitions section, OCGA § 16-8-82(2), the General Assembly again used the term "motor vehicle," but needed to define it specifically to reach some items that would otherwise be excluded from the ordinary meaning of that term and would be "special mobile equipment" under OCGA § 40-1-1....
...OCGA § 40-1-1(33)] and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery and construction equipment [cf. OCGA § 40-1-1(59) ]. OCGA § 16-8-82(2) (emphasis and bracketed material supplied)....
...MELTON, Justice, dissenting. This case involves the crime of theft. In the context of theft within Title 16 of the Georgia Code, the legislature has specifically *784 defined the term "motor vehicle" broadly enough to encompass a riding lawnmower. See OCGA §§ 16-8-82(2) and 16-5-44.1(a)(2)....
...f-propelled device and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery and construction equipment. (Emphasis supplied.) OCGA § 16-8-82(2)....