2019 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 16-8-9

Universal Citation: GA Code § 16-8-10 (2019)
  • It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-9 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;

    • (3) Acted under a right to acquire or dispose of the property as he or she did; provided, however, that the use of a power of attorney as provided in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from criminal responsibility; or

    • (4) 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.


Code 1933, § 26-1810, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2017, p. 435, § 3-2/HB 221.

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