2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 1 - Theft
§ 16-8-2. Theft by Taking

A person commits the offense of theft by taking when he 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.

(Laws 1833, Cobb's 1851 Digest, p. 791; Code 1863, § 4290; Code 1868, § 4327; Code 1873, § 4393; Code 1882, § 4393; Penal Code 1895, § 155; Penal Code 1910, § 152; Code 1933, § 26-2602; Code 1933, § 26-1802, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1974, p. 468, § 1; Ga. L. 1975, p. 876, § 1; Ga. L. 1978, p. 2257, § 1.)

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For article, "Legal Remedies for Computer Abuse," see 21 Ga. St. B.J. 100 (1985). For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004).

ANALYSIS

• General Consideration
• Intent
• Larceny
• Embezzlement
• Included Crimes
• Evidence and Inferences
• Jury Instructions
• Punishment

Former Code 1933, should not be used to attempt to collect a debt owed to the Department of Transportation; the legislature did not intend that a criminal proceeding be used in this manner. 1969 Op. Att'y Gen. No. 69-505.

Department may bring criminal proceedings against condemnee under former Code 1933, § 26-1802 (see O.C.G.A. § 16-8-2) if condemnee severs trade fixtures from a condemned parcel of property and carries them away, even though such fixtures are paid for by the department in condemnation proceedings. 1969 Op. Att'y Gen. No. 69-505.

RESEARCH REFERENCES

Am. Jur. 2d.

- 50 Am. Jur. 2d, Larceny, § 13.

- 52B C.J.S., Larceny, §§ 1 et seq., 15, 85, 88.

- Appropriation of property after obtaining possession by fraud as larceny, 26 A.L.R. 381.

Assisting in transportation or disposal of property known to have been stolen as rendering one guilty of larceny, 29 A.L.R. 1031.

Larceny or embezzlement by one spouse of other's property, 55 A.L.R. 558.

What amounts to embezzlement or larceny within fidelity bond, 56 A.L.R. 967.

Acceptance of defendant's note or other contractual obligation as affecting charge of embezzlement or larceny, 70 A.L.R. 208.

Appropriation or removal without payment of property delivered in expectation of immediate cash payment, as criminal offense, 83 A.L.R. 441.

Offense of larceny, embezzlement, robbery, or assault to commit robbery, as affected by defendant's intention to take or retain money or property in payment of, or as security for, a claim, or to collect a debt, or to recoup gambling losses, 116 A.L.R. 997.

Distinction between larceny and embezzlement, 146 A.L.R. 532.

Gambling or lottery paraphernalia as subject of larceny, burglary, or robbery, 51 A.L.R.2d 1396.

Embezzlement by independent collector or collection agency working on commission or percentage, 56 A.L.R.2d 1156.

Taking and pledging or pawning, another's property as larceny, 82 A.L.R.2d 863.

Criminal responsibility for embezzlement from corporation by stockholder owning entire beneficial interest, 83 A.L.R.2d 791.

Automobiles: elements of offense defined in "joyriding" statutes, 9 A.L.R.3d 633.

Criminal prosecution based upon breaking into or taking money or goods from vending machine or other coin-operated machine, 45 A.L.R.3d 1286.

Construction and effect, in false imprisonment action, of statute providing for detention of suspected shoplifters, 47 A.L.R.3d 998.

What amounts to "exclusive" possession of stolen goods to support inference of burglary or other felonious taking, 51 A.L.R.3d 727.

Changing of price tags by patron in self-service store as criminal offense, 60 A.L.R.3d 1293.

Asportation of motor vehicle as necessary element to support charge of larceny, 70 A.L.R.3d 1202.

Receiver of stolen goods as accomplice of thief for purposes of corroboration, 74 A.L.R.3d 560.

Retaking of money lost at gambling as robbery or larceny, 77 A.L.R.3d 1363.

Validity and construction of statute providing criminal penalties for failure of contractor who has received payment from owner to pay laborers or materialmen, 78 A.L.R.3d 563.

Embezzlement, larceny, false pretenses, or allied criminal fraud by a partner, 82 A.L.R.3d 822.

Modern status: instruction allowing presumption or inference of guilt from possession of recently stolen property as violation of defendant's privilege against self-incrimination, 88 A.L.R.3d 1178.

Robbery, attempted robbery, or assault to commit robbery, as affected by intent to collect or secure debt or claim, 88 A.L.R.3d 1309.

What constitutes "recently" stolen property within rule inferring guilt from unexplained possession of such property, 89 A.L.R.3d 1202.

Criminal liability for theft of, interference with, or unauthorized use of, computer programs, files, or systems, 51 A.L.R.4th 971.

Joyriding or similar charge as lesser-included offense of larceny or similar charge, 78 A.L.R.5th 567.

What constitutes tax-deductible theft loss under 26 USCS § 165, 98 A.L.R. Fed. 229.

What constitutes violation of 15 USCS § 714m(c), proscribing larceny or conversion of property owned by or pledged to Commodity Credit Corporation, 109 A.L.R. Fed. 871.

State criminal prosecution against medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare program for providing medical services, 79 A.L.R.6th 125.