2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 1 - Theft
§ 16-8-17. Misuse of Universal Product Code Labels

1. 1. Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both.
   2. A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
2. A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years.

(Code 1981, §16-8-17, enacted by Ga. L. 2000, p. 870, § 2; Ga. L. 2001, p. 4, § 16; Ga. L. 2012, p. 899, § 3-4/HB 1176.)

- The former Code section, pertaining to the theft of motor vehicles, parts, and components, was based on Ga. L. 1916, p. 154, § 1; Code 1933, § 26-2603; Code 1933, § 26-1813, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 8.

Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For note on 2000 enactment of this Code section, see 17 Ga. St. U.L. Rev. 110 (2000).

JUDICIAL DECISIONS

Presenting receipt for purchases not made.

- Because the testimony of defendant's girlfriend was sufficient to allow the jury to conclude that a store was a retailer, and because the defendant violated O.C.G.A. § 16-8-17(a)(1) by presenting a receipt for a refund of items that the defendant had not purchased, the trial court properly denied the defendant's motion for a new trial. Cooper v. State, 299 Ga. App. 199, 682 S.E.2d 154 (2009).