TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 4 FRAUD AND RELATED OFFENSES

16-9-50. Deceptive business practices.

A person commits the offense of using a deceptive business practice when in the regular course of business he knowingly:
1. Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;
2. Sells, offers, or exposes for sale or delivers less than the represented quality or quantity of any commodity; or
3. Takes or attempts to take more than the represented quantity of any commodity when as buyer he furnishes the weight or measure.
Any person who commits the offense of using a deceptive business practice shall be guilty of a misdemeanor.

(Code 1933, § 26-1706, enacted by Ga. L. 1968, p. 1249, § 1.)

Cross references.

- Deceptive or unfair trade practices or consumer transactions, § 10-1-370 et seq.

Misrepresentation of quantity of commodities in commercial transactions, and misrepresentation or deception in pricing by weight, measure, or count, §§ 10-2-7,10-2-8.

Law reviews.

- For article discussing available remedies in this state for deceptive trade practices, in light of the model Unfair Trade Practices and Consumer Protection Law proposed in Georgia in 1973, see 10 Ga. St. B.J. 281 (1973). For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B.J. 409 (1974). For note discussing criminal penalty for deceptive business practices, see 25 Emory L.J. 445 (1976).

JUDICIAL DECISIONS

Corporate liability.

- Although O.C.G.A. § 16-9-50 defining the crime of deceptive business practices does not contain in the statute's definition any indication of a legislative purpose to impose liability on a corporation, the state is not required to allege the provisions of O.C.G.A. § 16-2-22 in accusations under § 16-9-50, but only to prove that the defendant corporation or managerial agent authorized deceptive practices. State v. Military Circle Pet Ctr. No. 94, Inc., 257 Ga. 388, 360 S.E.2d 248 (1987).

Cited in State ex rel. Ryles v. Meredith Chevrolet, Inc., 145 Ga. App. 8, 244 S.E.2d 15 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weights and Measures, § 40 et seq.

C.J.S.

- 35 C.J.S., False Pretenses, § 14. 94 C.J.S., Weights and Measures, § 28 et seq.

ALR.

- Genuine making of instrument for purpose of defrauding as constituting forgery, 41 A.L.R. 229; 46 A.L.R. 1529; 51 A.L.R. 568.

False representation in business transaction as within statute relating to "confidence game," 56 A.L.R. 727.

Criminal responsibility for fraud or false pretenses in connection with home repairs or installations, 99 A.L.R.2d 925.

When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.

Fraud actions: right to recover for mental or emotional distress, 11 A.L.R.5th 88.

Use of fraud or trick as "constructive breaking" for purpose of burglary or breaking and entering offense, 17 A.L.R.5th 125.

Cases Citing O.C.G.A. § 16-9-50

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State v. Military Circle Pet Ctr. No. 94, Inc., 360 S.E.2d 248 (Ga. 1987).

Cited 14 times | Published | Supreme Court of Georgia | Sep 10, 1987 | 257 Ga. 388

...ege the provisions of OCGA § 16-2-22 (a) (2) in the accusations against the corporate defendant, Military Circle Pet Center No. 94, Inc., d/b/a Docktor Pet Center ("Docktor Pet"), charging that defendant with deceptive business practices under OCGA § 16-9-50....

...OCGA § 17-7-71 (c) provides: "Every accusation which states the offense in the terms and language of the law or so plainly that the nature of the offense charged may be easily understood by the jury shall be deemed sufficiently technical and correct." Although the accusations against Docktor Pet for violations of OCGA § 16-9-50 plainly set forth that Docktor Pet was charged with knowingly selling sick animals, identified in the accusations, while representing those animals as being healthy, Docktor Pet argued and the Court of Appeals held that the accusations aga...

...of the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official who is acting within the scope of his employment in behalf of the corporation." It is uncontroverted that OCGA § 16-9-50, defining the crime of deceptive business practices, does not contain in its definition any indication of a legislative purpose to impose liability on a corporation....