O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-8-82 (2019)

Definitions

✓ 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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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: (A) 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 (B) 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.

History

(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.)

Annotations

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

Notes of Decisions
Cited in 8 cases, 1996–2014 · leading case: Harris v. State, 686 S.E.2d 777 (Ga. 2009).
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Harris v. State, 686 S.E.2d 777 (Ga. 2009). · cites it 16× “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…”
Crider v. Zurich Ins., 474 S.E.2d 89 (Ga. Ct. App. 1996). · cites it 4× “1 (2) (Anti-motor Vehicle Hijacking Act); OCGA § 16-8-82 (2) (Motor Vehicle Chop Shop & Stolen & Altered Property Act); OCGA § 40-5-142 (19) (Uniform Commercial Driver’s License Act); OCGA § 40-11-1 (2) (Abandoned Motor Vehicles Title); OCGA § 43-13-2 (4) (Driver Training School…”
Walker v. State, 636 S.E.2d 705 (Ga. Ct. App. 2006). · cites it 2× “Regarding the trailer, we hold that because the only civil forfeiture statute that defines “motor vehicle” includes trailers within its definition of “motor vehicle” (OCGA § 16-8-82 (2)), the trailer at issue here is also considered a “motor vehicle” under OCGA § 16-16-2.”
Xiong v. State, 673 S.E.2d 86 (Ga. Ct. App. 2009). · cites it 2× “OCGA § 16-8-82 (1). See also OCGA § 16-8-83 (a).”
Conley v. State, 637 S.E.2d 438 (Ga. Ct. App. 2006). · cites it 2× “” OCGA § 16-8-82 (5). 2 A “motor vehicle” is defined under Georgia law to mean “every vehicle which is self-propelled other than an electric personal assistive mobility device.”
Maclin v. State, 651 S.E.2d 138 (Ga. Ct. App. 2007). · cites it 2× “OCGA § 16-8-82 (1) (A chop shop is defined as “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…”
Wilmott v. State, 755 S.E.2d 818 (Ga. Ct. App. 2014). · cites it 2× “OCGA § 16-8-82 (1). Wilmott also was indicted for violating OCGA § 40-4-22 with respect to the same motorcycle.”
Michael Wilmott v. State (Ga. Ct. App. 2014). · cites it 2× “OCGA § 16-8-82 (1). Wilmott also was indicted for violating OCGA § 40-4-22 with respect to the same motorcycle.”
— 16-8-82(2) — 2 cases
Harris v. State, 686 S.E.2d 777 (Ga. 2009). “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…”
Crider v. Zurich Ins., 474 S.E.2d 89 (Ga. Ct. App. 1996). “1 (2) (Anti-motor Vehicle Hijacking Act); OCGA § 16-8-82 (2) (Motor Vehicle Chop Shop & Stolen & Altered Property Act); OCGA § 40-5-142 (19) (Uniform Commercial Driver’s License Act); OCGA § 40-11-1 (2) (Abandoned Motor Vehicles Title); OCGA § 43-13-2 (4) (Driver Training School…”
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.