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2018 Georgia Code 16-9-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-9-53 Case Law from Google Scholar Amendments to OCGA 16-9-53

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 4 FRAUD AND RELATED OFFENSES

16-9-53. Damaging, destroying, or secreting property to defraud another.

  1. 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.
  2. 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.

(Code 1933, § 26-1504, enacted by Ga. L. 1968, p. 1249, § 1.)

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).

Cases Citing O.C.G.A. § 16-9-53

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Green v. State, 265 Ga. 263 (Ga. 1995).

Cited 39 times | Published | Supreme Court of Georgia | Mar 6, 1995 | 454 S.E.2d 466

...had accepted Green's plea. However, we affirm the Court of Appeals' decision based on the transcript of the plea hearing itself. Green was charged with arson in the first degree (OCGA § 16-7-60) and secreting property to defraud *265 another (OCGA § 16-9-53)....
...ame was destroyed by fire, contrary to the laws of said State, the good order, peace and dignity thereof. Is that what you wish to enter a plea of guilty to? Green responded "Yes, it is." After considering the relevant statutes, see §§ 16-7-60 and 16-9-53, we find that the indictment provided ample information from which the trial court could discern that the facts alleged by the state actually satisfied the elements of the charges to which Green was pleading guilty....