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2018 Georgia Code 16-8-9 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 1 THEFT

16-8-9. Theft by bringing stolen property into state.

A person commits the offense of theft by bringing stolen property into this state when he brings into this state any property which he knows or should know has been stolen in another state.

(Ga. L. 1918, p. 272, § 2; Code 1933, § 26-2622; Code 1933, § 26-1815, enacted by Ga. L. 1972, p. 841, § 1.)

Law reviews.

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).

JUDICIAL DECISIONS

Verdicts mutually exclusive.

- In finding the defendant guilty of bringing stolen property into the State of Georgia and theft by conversion of the same property, the jury necessarily reached two positive findings of fact that could not logically and mutually exist and, thus, the verdicts were mutually exclusive. Jones v. State, 302 Ga. 730, 808 S.E.2d 655 (2017).

Evidence supported defendant's conviction, when the defendant acknowledged that defendant knew that the vehicle the defendant brought into Georgia was stolen, even though the defendant may not have been physically behind the steering wheel at the moment the vehicle crossed the state line. Olsen v. State, 191 Ga. App. 763, 382 S.E.2d 715 (1989).

Evidence was sufficient to find the defendant guilty of theft by bringing stolen property into the state; witness testimony placed the defendant in possession of the car in another state minutes after the theft and in possession of the car in the state hours after the theft. Smith v. State, 256 Ga. App. 22, 567 S.E.2d 359 (2002).

Evidence supported a defendant's conviction of bringing stolen property to Georgia, eluding an officer, and possessing marijuana as a party, if not as a conspirator, since: (1) the defendant discussed with the defendant's love interest what would happen if they were apprehended by the police; (2) the love interest gave the defendant a handgun after the love interest stole a new gun and the defendant packed two guns with the defendant's personal items and the ski masks; (3) the defendant suspected that the truck was stolen, refused to ask about the truck's origin, saw the stolen gun on the seat of the truck, observed two gas drive-offs, ate stolen food, smoked shared marijuana repeatedly, and sat next to the glove compartment where the marijuana lay; and (4) the defendant was silent during the police pursuits, saw the defendant's love interest retrieve a stolen handgun just prior to an assault of a police officer, did not hinder the love interest or warn the police, lied to the police to cover up the matter, and referred to the entire affair as having "fun for a minute." Michael v. State, 281 Ga. App. 289, 635 S.E.2d 790 (2006), overruled on other grounds by Gibbs v. State, 304 Ga. App. 723, 798 S.E.2d 308 (2017).

Cited in Cunningham v. State, 222 Ga. App. 740, 475 S.E.2d 924 (1996); Selley v. State, 237 Ga. App. 47, 514 S.E.2d 706 (1999); Barron v. State, 291 Ga. App. 494, 662 S.E.2d 285 (2008); Davis v. State, 322 Ga. App. 826, 747 S.E.2d 19 (2013); In the Interest of D.C., 324 Ga. App. 95, 748 S.E.2d 514 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Receiving and Transporting Stolen Property, §§ 8, 9, 10.

C.J.S.

- 76 C.J.S., Receiving or Transferring Stolen Goods, § 5.

ALR.

- What constitutes tax-deductible theft loss under 26 USCS § 165, 98 A.L.R. Fed. 229.

Cases Citing Georgia Code 16-8-9 From Courtlistener.com

Total Results: 7

Nordahl v. State

Court: Supreme Court of Georgia | Date Filed: 2019-06-03

Citation: 829 S.E.2d 99, 306 Ga. 15

Snippet: for theft in violation of OCGA §§ 16-8-2 through 16-8-9 ). Id. Nordahl was not sentenced pursuant to

Mims v. State

Court: Supreme Court of Georgia | Date Filed: 2019-01-22

Citation: 823 S.E.2d 325, 304 Ga. 851

Snippet: White, 293 Ga. at 523 (1), 753 S.E.2d 115. OCGA § 16-8-9 provides that "[a] person commits the offense of

Jones v. State

Court: Supreme Court of Georgia | Date Filed: 2017-12-11

Citation: 302 Ga. 730, 808 S.E.2d 655

Snippet: on OCGA § 16-8-11 (venue for theft). Id. OCGA § 16-8-9 provides that “[a] person commits the offense of

Heatherly v. State

Court: Supreme Court of Georgia | Date Filed: 2017-06-19

Citation: 301 Ga. 386, 801 S.E.2d 827, 2017 WL 2623885, 2017 Ga. LEXIS 533

Snippet: of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor, except:

Stratacos v. State

Court: Supreme Court of Georgia | Date Filed: 2013-07-11

Citation: 293 Ga. 401, 748 S.E.2d 828, 2013 Fulton County D. Rep. 2220, 2013 WL 3475318, 2013 Ga. LEXIS 610

Snippet: of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor” unless

Harris v. State

Court: Supreme Court of Georgia | Date Filed: 2009-11-23

Citation: 686 S.E.2d 777, 286 Ga. 245, 2009 Fulton County D. Rep. 3663, 2009 Ga. LEXIS 735

Snippet: certiorari before this Court. 2. OCGA §§ 16-8-2 through 16-8-9 set forth a series of theft-related criminal offenses

Bradley v. State

Court: Supreme Court of Georgia | Date Filed: 2000-09-11

Citation: 533 S.E.2d 727, 272 Ga. 740, 2000 Fulton County D. Rep. 3587, 2000 Ga. LEXIS 608

Snippet: theft involving stolen property (OCGA §§ 16-8-7 to 16-8-9); theft of trade secrets (OCGA § 16-8-13); shoplifting