2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 1 - Theft
§ 16-8-14. Theft by Shoplifting

1. A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:
   1. Conceals or takes possession of the goods or merchandise of any store or retail establishment;
   2. Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
   3. Transfers the goods or merchandise of any store or retail establishment from one container to another;
   4. Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or
   5. Wrongfully causes the amount paid to be less than the merchant’s stated price for the merchandise.
2. 1. A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $500.00 or less in value shall be punished as for a misdemeanor; provided, however, that:
      1. Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $500.00, and the fine shall not be suspended or probated;
      2. Upon conviction of a third offense for shoplifting, when the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a “special alternative incarceration-probation boot camp,” probation detention center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and
      3. 1. As used in this subparagraph, the term “conviction” shall include a plea of nolo contendere.
         2. Upon conviction of a fourth or subsequent offense for shoplifting, when the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld; provided, however, that, in the court’s discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory sentence.
   2. A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the 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.
   3. A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft 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.
   4. A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken during a period of 180 days 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.
3. In all cases involving theft by shoplifting, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property.
4. Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors.

History. Ga. L. 1957, p. 115, §§ 1, 3; Code 1933, § 26-1802.1, enacted by Ga. L. 1978, p. 2257, § 2; Ga. L. 1983, p. 457, § 1; Ga. L. 1997, p. 1394, § 1; Ga. L. 1998, p. 578, § 1; Ga. L. 2000, p. 870, § 1; Ga. L. 2012, p. 899, § 3-3/HB 1176; Ga. L. 2016, p. 443, § 13-1/SB 367; Ga. L. 2017, p. 774, § 16/HB 323; Ga. L. 2021, p. 273, § 3-2/HB 327.

The 2016 amendment, effective July 1, 2016, in subparagraph (b)(1)(B), substituted “when the first” for “where the first” near the beginning, deleted “, diversion center,” following “detention center” in the middle, and deleted “either” following “in addition to” near the end.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (b)(1)(B).

The 2021 amendment, effective July 1, 2021, substituted the present provisions of subparagraph (b)(1)(C) for the former provisions, which read: “Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.”

Cross references.

Unlawful use of emergency exit door, § 16-11-40 .

Recovery for detention or arrest of person suspected of shoplifting, § 51-7-60.

Antishoplifting device, § 51-7-61.

Editor’s notes.

Ga. L. 1998, p. 578, § 2, not codified by the General Assembly, provides that the 1998 amendment applies with respect to offenses committed on or after July 1, 1998. Offenses committed prior to July 1, 1998, shall continue to be governed by and punishable as provided in the law as it existed prior to Ga. L. 1998, p. 578.

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.”

Ga. L. 2021, p. 273, § 1-1/HB 327, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Organized Retail Crime Prevention Act.’”

Law reviews.

For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. L. Rev. 723 (1970).

For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 110 (2000).

For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B.J. 8 (2001).

For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).

For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012).

For article, “Eleventh Circuit Survey: January 1, 2013 - December 31, 2013: Article: Immigration,” see 65 Emory L. J. 1039 (2014).

For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).

For annual survey of immigration law, see 67 Mercer L. Rev. 947 (2016).

For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).