2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 8 - OFFENSES INVOLVING THEFT
ARTICLE 1 - THEFT
§ 16-8-10 - Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-7

O.C.G.A. 16-8-10 (2010)
16-8-10. Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-7


It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-7 that the person:

(1) Was unaware that the property or service was that of another;

(2) Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or

(3) 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.

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