O.C.G.A.

O.C.G.A. § 16-8-9 (2019)

Theft by bringing stolen property into state

✓ 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 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.

History

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

Annotations

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 logi-

cally 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 inter-

est 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 taxdeductible theft loss under 26 USCS § 165, 98 A.L.R. Fed. 229.

Notes of Decisions

Cited in 12 cases, 1989–2019 · leading case: Mims v. State, 823 S.E.2d 325 (Ga. 2019).

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Mims v. State, 823 S.E.2d 325 (Ga. 2019). · cites it 2× “OCGA § 16-8-9 provides that "[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.”

Selley v. State, 514 S.E.2d 706 (Ga. Ct. App. 1999). · cites it 6× “A jury found Sherrum Selley guilty of armed robbery (OCGA § 16-8-41) and theft by bringing stolen property into the state (OCGA § 16-8-9). He appeals from the judgment of conviction entered upon the jury verdicts.”

Cunningham v. State, 475 S.E.2d 924 (Ga. Ct. App. 1996). · cites it 4× “Clarence Cunningham was convicted of theft by bringing stolen property into Georgia (OCGA § 16-8-9); DUI, being less safe to drive due to intoxication; flight to avoid a police officer after being given “visual and audible signals”; 1 and obstruction of an officer based on his…”

Watson v. State, 555 S.E.2d 896 (Ga. Ct. App. 2001). · cites it 4× “A jury convicted Randall Dale Watson of five counts of theft by taking, OCGA § 16-8-2, one count of theft by bringing stolen property into the state, OCGA § 16-8-9, and one count of theft by deception, OCGA § 16-8-3.”

Smith v. State, 567 S.E.2d 359 (Ga. Ct. App. 2002). · cites it 4× “A Walker County jury convicted Cornelius Smith of theft by bringing stolen property into the state, OCGA § 16-8-9, and giving a false name, OCGA § 16-10-25.”

Olsen v. State, 382 S.E.2d 715 (Ga. Ct. App. 1989). · cites it 2× “We find no merit in appellant’s enumeration asserting an insufficiency of the evidence to support his conviction for theft by bringing stolen property into Georgia, OCGA § 16-8-9. Appellant testified at trial that while in Maryland, he decided to go to Florida and began the trip…”

Jones v. State, 808 S.E.2d 655 (Ga. 2017). · cites it 4× “OCGA § 16-8-9 provides that “[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.”

Jones v. the State, 787 S.E.2d 330 (Ga. Ct. App. 2016). · cites it 2× “OCGA § 16-8-9 provides that “[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.”

Jones v. State (Ga. 2017). · cites it 4× “OCGA § 16-8-9 provides that “[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.”

Citrus Tower Boulevard Imaging Ctr., LLC v. Trell (In re Citrus Tower Boulevard Imaging Ctr., LLC), 525 B.R. 816 (Bankr. N.D. Ga. 2015). · cites it 4× ““OCGA § 16-8-9 prohibits a person from bringing into this state “any property which he knows or should know has been stolen in another state.”

Clary v. The State., 812 S.E.2d 31 (Ga. Ct. App. 2018). · cites it 2× “3 OCGA § 16-8-9. 4 (Citations and punctuation omitted; emphasis in original.”

Mims v. State, 304 Ga. 851 (Ga. 2019). · cites it 2× “OCGA § 16-8-9 provides that “[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.”

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