O.C.G.A.
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.
(a) A person commits the offense of damaging, destroying, or secreting property to defraud another person when he knowingly and with intent to defraud another person damages, destroys, or secretes any property of whatever class or character, whether the property of himself or of another person. (b) A person convicted of the offense of damaging, destroying, or secreting property to defraud another person shall be punished by imprisonment for not less than one nor more than five years.
History
(Code 1933, § 26-1504, enacted by Ga. L. 1968, p. 1249, § 1.)
Annotations
JUDICIAL DECISIONS O.C.G.A. § 16-9-53 requires ‘‘secreting’’ property which means to hide or conceal; however, the statute does not mandate that the property be hidden in the literal sense of being unable to view the property but only that the property be placed where the property is unlikely to be discovered. Jarrett v. State, 161 Ga. App. 285, 287 S.E.2d 746 (1982). Burning property to defraud insurer is not a lesser included offense of third-degree arson. - Burning to defraud an insurer is not a lesser offense included in greater one of third-degree
arson under former Code 1933, § 26-2210 (see now O.C.G.A. § 16-9-32) because each was a separate and distinct offense. Powell v. State, 121 Ga. App. 57, 172 S.E.2d 455 (1970). Cited in Powell v. State, 123 Ga. App. 795, 182 S.E.2d 677 (1971); Garrett v. State, 133 Ga. App. 503, 211 S.E.2d 441 (1974); Powell v. State, 142 Ga. App. 641, 236 S.E.2d 779 (1977); United States v. Peacock, 654 F.2d 339 (5th Cir. 1981); McKee v. State, 163 Ga. App. 430, 294 S.E.2d 689 (1982); Green v. State, 265 Ga. 263, 454 S.E.2d 466 (1995).
Notes of Decisions
Cited in
6
cases, 1986–2017 · leading case:
Green v. State, 454 S.E.2d 466 (Ga. 1995).
Green v. State, 454 S.E.2d 466 (Ga. 1995).
· cites it 2× “Green was charged with arson in the first degree (OCGA § 16-7-60) and secreting property to defraud *265 another (OCGA § 16-9-53). At the plea hearing, the trial court read from the indictment as follows: Decided March 6, 1995 Reconsideration denied March 30, 1995.”
Worth v. State, 346 S.E.2d 82 (Ga. Ct. App. 1986).
· cites it 2× “Unlike the felony provision of OCGA § 16-9-53, the misdemeanor offense of which appellant was convicted does not require proof of “intent to defraud.”
Mathis v. The State., 807 S.E.2d 4 (Ga. Ct. App. 2017).
· cites it 2× “C) (Counts 5, 24, 30, 37, and 44); and one count each of first degree forgery (OCGA § 16-9-1 (b) ) (Count 26), secreting property to defraud another (OCGA § 16-9-53 ) (Count 51), and violation of oath of public office (OCGA § 16-10-1 ) (Count 54).”
Dukes v. State, 446 S.E.2d 190 (Ga. Ct. App. 1994).
· cites it 2× “Specifically, he asserts that the trial court erred in admitting the testimony of Harold Ward and in admitting a certified copy of the indictment and jury’s verdict from his prior trial for three counts of secreting property to defraud another, in violation of OCGA § 16-9-53.…”
Mead v. State, 542 S.E.2d 541 (Ga. Ct. App. 2000).
· cites it 2× “” OCGA § 16-9-53. Specifically, Mead’s indictment accused him of: “SECRETING PROPERTY TO DEFRAUD ANOTHER [by] knowingly secret [ing] a certain 1990 Cadillac Allante, a motor vehicle, with the intent to defraud Auto Acceptance Corporation.”
Green v. State, 444 S.E.2d 573 (Ga. Ct. App. 1994).
· cites it 2× “Green entered negotiated pleas of guilty to the offenses of arson in the first degree, OCGA § 16-7-60 (a) (1), and secreting property to defraud another, OCGA § 16-9-53 (a). A third count charging possession of a firearm by a convicted felon, OCGA § 16-11-131 (b), was dismissed.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.