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2018 Georgia Code 16-9-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-9-38 Case Law from Google Scholar Amendments to OCGA 16-9-38

TITLE 16 CRIMES AND OFFENSES

Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.

ARTICLE 3 ILLEGAL USE OF FINANCIAL TRANSACTION CARDS

16-9-38. Punishment and penalties.

  1. A person who is subject to the punishment and penalties of this subsection shall be fined not more than $1,000.00 or imprisoned not less than one year nor more than two years, or both.
  2. A person subject to punishment under this subsection shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one year nor more than three years, or both.

(Code 1933, § 26-1705.9, enacted by Ga. L. 1969, p. 128, § 1; Ga. L. 1972, p. 861, § 1; Code 1933, § 26-1705.8, enacted by Ga. L. 1980, p. 1083, § 1.)

JUDICIAL DECISIONS

Cited in Dudley v. State, 228 Ga. 551, 186 S.E.2d 875 (1972).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Credit Cards and Charge Accounts, § 1 et seq.

ALR.

- Liability of holder of credit card or plate for purchases made thereon by another person, 15 A.L.R.3d 1086.

Cases Citing O.C.G.A. § 16-9-38

Total Results: 3  |  Sort by: Relevance  |  Newest First

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McNair v. State, 293 Ga. 282 (Ga. 2013).

Cited 32 times | Published | Supreme Court of Georgia | Jul 1, 2013 | 745 S.E.2d 646

...uer or the cardholder;. . . Identity fraud carries a penalty of up to ten years imprisonment or up to $ 100,000 in fines, whereas financial transaction card theft carries a penalty of up to three years imprisonment or up to $5,000 in fines. OCGA §§ 16-9-38 and 16-9-126 (a).
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Carter v. State, 828 S.E.2d 317 (Ga. 2019).

Cited 13 times | Published | Supreme Court of Georgia | May 20, 2019 | 305 Ga. 863

...In response to Carter's amended motion, the trial court on December 1, 2017, entered a modified sentence that reduced the financial-transaction card fraud sentence from ten years to three years, which is the statutory maximum sentence under OCGA §§ 16-9-33 (c), 16-9-38 (b)....
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Carter v. State, 305 Ga. 863 (Ga. 2019).

Published | Supreme Court of Georgia | May 20, 2019

...In response to Carter’s amended motion, the trial court on December 1, 2017, entered a modified sentence that reduced the financial-transaction card fraud sentence from ten years to three years, which is the statutory maximum sentence under OCGA §§ 16-9-33 (c), 16-9-38 (b)....