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2018 Georgia Code 40-3-90 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-3-90 Case Law from Google Scholar Amendments to OCGA 40-3-90

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 3. Certificates of Title, Security Interests, and Liens, 40-3-1 through 40-3-95.

ARTICLE 4 OFFENSES

40-3-90. Certain acts declared felonies.

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.

(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.)

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 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).

Cited in McDonald v. State, 222 Ga. 596, 151 S.E.2d 121 (1966); Cole v. State, 118 Ga. App. 228, 163 S.E.2d 250 (1968).

RESEARCH REFERENCES

U.L.A.

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

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