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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 O.C.G.A. § 16-8-9

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Mims v. State, 823 S.E.2d 325 (Ga. 2019).

Cited 44 times | Published | Supreme Court of Georgia | Jan 22, 2019 | 304 Ga. 851

...Under this review, we must "put aside any questions about conflicting evidence, the credibility of witnesses, or the weight of the evidence, leaving the resolution of such things to the discretion of the trier of fact." White, 293 Ga. at 523 (1), 753 S.E.2d 115. 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." A defendant's knowledge that goo...
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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

...The Court of Appeals affirmed the convictions, also holding, among other things, that a riding lawnmower is a "motor vehicle" under that statute. Harris, 295 Ga. App. at 729-730, 673 S.E.2d 76. Only that issue is raised on certiorari before this Court. 2. OCGA §§ 16-8-2 through 16-8-9 set forth a series of theft-related criminal offenses including theft by taking, which prohibits "unlawfully tak[ing] ......
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Nordahl v. State, 829 S.E.2d 99 (Ga. 2019).

Cited 30 times | Published | Supreme Court of Georgia | Jun 3, 2019 | 306 Ga. 15

...heft exceeded $ 500[; therefore,] the defendant was subject to imprisonment for up to ten years," pursuant to OCGA § 16-8-7 (theft by receiving) and former OCGA § 16-8-12 (a) (1) (2000) (penalties for theft in violation of OCGA §§ 16-8-2 through 16-8-9 )....
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Bradley v. State, 533 S.E.2d 727 (Ga. 2000).

Cited 28 times | Published | Supreme Court of Georgia | Sep 11, 2000 | 272 Ga. 740, 2000 Fulton County D. Rep. 3587

...s on April 24, 2000. [2] OCGA § 16-8-11 applies to theft by taking (OCGA § 16-8-2); theft by deception (OCGA § 18-8-3); theft by conversion (OCGA § 16-8-4); theft of services (OCGA § 16-8-5); theft involving stolen property (OCGA §§ 16-8-7 to 16-8-9); theft of trade secrets (OCGA § 16-8-13); shoplifting (OCGA § 16-8-14); and conversion of payments for real property improvements (OCGA § 16-8-15).
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Stratacos v. State, 293 Ga. 401 (Ga. 2013).

Cited 18 times | Published | Supreme Court of Georgia | Jul 11, 2013 | 748 S.E.2d 828, 2013 Fulton County D. Rep. 2220

...the value of any promised work the defendant performed was less, by any amount, than the value of the property he obtained from the victim. See OCGA § 16-8-12 (a) (stating that “[a] person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor” unless the case comes within one of several listed exceptions providing for greater punishment)....
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Jones v. State, 302 Ga. 730 (Ga. 2017).

Cited 3 times | Published | Supreme Court of Georgia | Dec 11, 2017 | 808 S.E.2d 655

...The court held further that, although conversion took place wellbefore Jones arrived in Georgia, venue was established in Gordon County, where Jones exercised control over the vehicle, as the trial court properly charged the jury on OCGA § 16-8-11 (venue for theft). Id. 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.” One count of the accusation...
...1963) (under evidence *732presented, guilty verdicts for both smuggling marijuana into the United States and obtaining the marijuana within the United States could not stand). Conversely, if Jones stole or converted the Mazda in Georgia, he could not have brought stolen property into the state under OCGA § 16-8-9, because that Code section applies to property stolen in another state....
...In general, “[cjriminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law.” OCGA § 17-2-2 (a). OCGA § 16-8-11, the venue statute specified for theft crimes, provides: In a prosecution under Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft....
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Heatherly v. State, 301 Ga. 386 (Ga. 2017).

Cited 1 times | Published | Supreme Court of Georgia | Jun 19, 2017 | 801 S.E.2d 827

...ving him of the property, regardless of the manner in which the property is taken or appropriated. At the time of Heatherly’s offense, OCGA § 16-8-12 read in pertinent part: (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor, except: (1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor .... This Court has previously noted that OCGA §§ 16-8-2 and 16-8-12 are part of a statutory structure in which OCGA §§ 16-8-2 through 16-8-9 set forth a series of theft-related criminal offenses including theft by taking, which prohibits “unlawfully tak[ing] ....
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Nordahl v. State, 306 Ga. 15 (Ga. 2019).

Published | Supreme Court of Georgia | Jun 3, 2019

...the value of the property that was the subject of the theft exceeded $500[; therefore,] the defendant was subject to imprisonment for up to ten years,” pursuant to OCGA § 16-8-7 (theft by receiving) and former OCGA § 16-8-12 (a) (1) (2000) (penalties for theft in violation of OCGA §§ 16-8-2 through 16-8-9)....
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Mims v. State, 304 Ga. 851 (Ga. 2019).

Published | Supreme Court of Georgia | Jan 22, 2019

...Under this review, we must “put aside any questions about conflicting evidence, the credibility of witnesses, or the weight 6 of the evidence, leaving the resolution of such things to the discretion of the trier of fact.” White, 293 Ga. at 523 (1). 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.” A defendant’s knowledge...