An Overview of Theft Crimes
Crimes involving theft can be charged in a variety of different ways. The first question that must be answered is whether any type of force was involved in the theft. For purposes of this discussion, we will focus on those theft crimes that do not involve the use of force.
Definitions
The most common type of theft charge is known as "Theft by Taking." Georgia Code 16-8-2 defines that offense as a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
Georgia Code 16-8-1 provides some useful definitions in this context.
"Deprive" means, without justification (A) to withhold property of another permanently or temporarily; or (B) to dispose of the property so as to make it unlikely that the owner will recover it.
"Property of another" includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or to them jointly.
Examples of How Theft Crimes Can be Charged
- Theft by Taking
- Theft by Deception
- Theft of Services
- Theft by Receiving Stolen Property
- Theft by Shoplifting
- Entering Automobile
Affirmative Defenses to Theft Crimes
- Was unaware that the property or service was that of another;
- Acted under an honest claim of right to the property or service involved;
- Acted under a right to acquire or dispose of the property as he or she did; or
- Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.
Potential Criminal Penalties
Potential criminal penalties for many theft crimes can be found in Georgia Code 16-8-12. Specific penalties for Theft by Shoplifting can be found in Georgia Code 16-8-14, and the criminal penalties for the criminal offense of Entering Auto can be found in Georgia Code 16-8-18.