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2018 Georgia Code 16-9-51 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-9-51 Case Law from Google Scholar Amendments to OCGA 16-9-51

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 4 FRAUD AND RELATED OFFENSES

16-9-51. Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest.

  1. Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.
  2. A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.
  3. In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done.

(Code 1933, § 26-1707, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1988, p. 299, § 1.)

JUDICIAL DECISIONS

Misdemeanor offense under O.C.G.A. § 16-9-51 does not require proof of "intent to defraud," but requires only proof that one has dealt with property subject to a security interest with intent to hinder enforcement of that interest. Worth v. State, 179 Ga. App. 207, 346 S.E.2d 82 (1986).

Cited in Garrett v. State, 133 Ga. App. 503, 211 S.E.2d 441 (1974); Sowards v. State, 137 Ga. App. 423, 224 S.E.2d 85 (1976); Trogdon v. State, 176 Ga. App. 246, 335 S.E.2d 481 (1985).

RESEARCH REFERENCES

C.J.S.

- 35 C.J.S., False Pretenses, §§ 21, 33. 37 C.J.S., Fraud, §§ 123, 124.

ALR.

- Duty of senior encumbrancer on sale under judicial decree, or under power of sale, to observe equities of subsequent encumbrancers or purchasers as to marshaling assets or sale in inverse order of alienation, 35 A.L.R. 1307; 131 A.L.R. 4.

May offense of obtaining money or property by false pretenses or confidence game be predicated on obtaining loan or renewal thereof, 52 A.L.R. 1167.

Elements and proof of crime of improper sale, removal, concealment, or disposal of property subject to security interest under UCC, 48 A.L.R.4th 819.

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