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2018 Georgia Code 40-4-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-4-22 Case Law from Google Scholar Amendments to OCGA 40-4-22

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 4. Identification of and Purchase and Resale of Motor Vehicles and Parts, 40-4-1 through 40-4-45.

ARTICLE 2 ALTERATION OR REMOVAL OF IDENTIFICATION NUMBERS

40-4-22. Buying, selling, receiving, concealing, using, possessing, or disposing of motor vehicle or part thereof from which identification has been removed or altered.

  1. It shall be unlawful to buy, sell, receive, dispose of, conceal, use, or possess any motor vehicle, or any part thereof, from which the manufacturer's serial numbers or other distinguishing numbers or identifying marks have been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of such motor vehicle.
  2. Any person who knowingly violates any provisions of subsection (a) of this Code section is guilty of a felony and, upon conviction, shall be punished by confinement in the penitentiary for not less than one nor more than five years.

(Ga. L. 1918, p. 264, § 1; Code 1933, § 68-9916; Ga. L. 1966, p. 10, § 1; Ga. L. 1982, p. 3, § 40.)

JUDICIAL DECISIONS

Guilty knowledge of alteration required.

- To convict the driver of violating former Code 1933, § 68-9916 (see now O.C.G.A. § 40-4-22), the finder of fact must find knowledge of alteration, which was the gist of the offense. Dooley v. State, 145 Ga. App. 539, 244 S.E.2d 55, cert. denied, 439 U.S. 912, 99 S. Ct. 282, 58 L. Ed. 2d 258 (1978); Martin v. State, 160 Ga. App. 275, 287 S.E.2d 244 (1981).

Description of property in indictment.

- Property need not be described in an offense under Ga. L. 1918, p. 264, § 1 (see now O.C.G.A. § 40-4-22) with the same accuracy as in simple larceny. Glass v. State, 26 Ga. App. 157, 106 S.E. 13, cert. denied, 26 Ga. App. 801, S.E. (1921).

Knowing possession of "clipped" car, meaning that one-half of described vehicle had been welded to one-half of unidentified vehicle, except under a license to rebuild, is a felony. Bill Spreen Toyota, Inc. v. Jenquin, 163 Ga. App. 855, 294 S.E.2d 533 (1982).

Evidence deemed sufficient to authorize conviction.

- Evidence, though circumstantial, was sufficient to authorize a conviction for unlawful alteration under former Code 1933, § 68-9916 (see now O.C.G.A. § 40-4-22) after the defendant removed the identification plate from the cab of defendant's 1975 vehicle and placed the identification plate in the 1978 automobile, seeking to conceal the true identity of the stolen goods and to misrepresent the goods as being defendant's own. McJunkin v. State, 160 Ga. App. 30, 285 S.E.2d 756 (1981).

Cited in Alexander v. State, 31 Ga. App. 776, 122 S.E. 95 (1924); Gravett v. State, 33 Ga. App. 33, 125 S.E. 503 (1924); Goodwyne v. State, 38 Ga. App. 183, 143 S.E. 443 (1928); Flynn v. State, 88 Ga. App. 709, 77 S.E.2d 559 (1953); Daniel v. State, 118 Ga. App. 370, 163 S.E.2d 863 (1968); Ramey v. State, 239 Ga. App. 620, 521 S.E.2d 663 (1999).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 391, 392.

C.J.S.

- 61A C.J.S., Motor Vehicles, §§ 1745, 1746.

ALR.

- Constitutionality of statute making possession of an automobile from which identifying marks have been removed a crime, 42 A.L.R. 1149.

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