2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 1 - Theft
§ 16-8-8. Theft by Receiving Property Stolen in Another State

Universal Citation: GA Code § 16-8-8 (2021)

A person commits the offense of theft by receiving property stolen in another state when he receives, disposes of, or retains stolen property which he knows or should know was stolen in another state, unless the property is received, disposed of, or retained with intent to restore it to the owner.

(Ga. L. 1918, p. 272, § 1; Code 1933, § 26-2623; Code 1933, § 26-1816, enacted by Ga. L. 1972, p. 841, § 2.)

Law reviews.

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).

JUDICIAL DECISIONS

Venue.

- One who has bought or received stolen property has exercised control over that property sufficient to warrant venue when the property was bought or received. Stephens v. State, 164 Ga. App. 398, 297 S.E.2d 90 (1982).

Evidence sufficient to support conviction.

- When the state produced evidence that the defendant stated to the police that the defendant knew a car had been stolen in another state by the defendant's brother, that the car was used by the defendant and other robbers in a robbery, that an item from the robbery was found a few feet from the car, and that the defendant's fingerprints were found on the car, this was more than enough for the jury to find the defendant guilty beyond a reasonable doubt. Kimble v. State, 236 Ga. App. 391, 512 S.E.2d 306 (1999).

Cited in Fair v. State, 140 Ga. App. 281, 231 S.E.2d 1 (1976); Cherry v. State, 198 Ga. App. 415, 401 S.E.2d 607 (1991).

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Receiving and Transporting Stolen Property, §§ 8, 9, 10.

C.J.S.

- 76 C.J.S., Receiving or Transferring Stolen Goods, § 5.

ALR.

- Knowledge imputed to reasonable man as test of knowledge of defendant in prosecution for larceny or receiving stolen property, 147 A.L.R. 1058.

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

Conviction of receiving stolen property, or related offenses, where stolen property previously placed under police control, 72 A.L.R.4th 838.

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

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