O.C.G.A.

O.C.G.A. § 40-3-90 (2019)

Certain acts declared felonies

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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A person who, with fraudulent intent: (1) Alters, forges, or counterfeits a certificate of title; (2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed; (3) Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited; (4) Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title; (5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 40-3-27; (6) Knowingly falsifies any information on the statement required by paragraph (2) of subsection (a) of Code Section 40-3-36; or (7) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction shall be guilty of a felony.

History

Ga. L. 1961, p. 68, § 31; Ga. L. 1965, p. 304, § 9; Ga. L. 1975, p. 1596, § 2; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 3; Ga. L. 2011, p. 355, § .2/HB 269.

Annotations

Editor’s notes. Ga. L. 2011, p. 355, § 21/HB 269, as amended by Ga. L. 2012, p. 112, § 4-2/HB 872, provides that the 2011 amendment becomes effective only upon the effective

date of a specific appropriation of funds for purposes of that Act as expressed in a line item of an appropriations Act enacted by the General Assembly. Although funds were not appropriated at the 2011, 2012, or 2013 session of the General Assembly, the General Assembly in the 2012 Session by HB 872 eliminated the funding contingency.

JUDICIAL DECISIONS Furnishing false information by a title applicant. - O.C.G.A. § 40-3-90 does not require that a car dealer file an application for title either with the county

tag agent or with the state title agency in order to complete the crime of furnishing false information by a title applicant. That section simply declares as a felony the act

MOTOR VEHICLES & TRAFFIC

of using a false name in an application for a certificate of title. Fricks v. State, 167

Ga. App. 832, 308 S.E.2d 21, 1983 Ga. App. LEXIS 2634 (1983).

RESEARCH REFERENCES U.L.A. Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 31.

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: Fricks v. State, 308 S.E.2d 21 (Ga. Ct. App. 1983).

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Fricks v. State, 308 S.E.2d 21 (Ga. Ct. App. 1983). · cites it 2× “OCGA § 40-3-90 (4) (Code Ann. § 68-431a) provides that: “A person who, with fraudulent intent:.”

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.