It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-9 that the person:
History. Code 1933, § 26-1810, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2017, p. 435, § 3-2/HB 221.
The 2017 amendment, effective July 1, 2017, substituted “16-8-9” for “16-8-7” in the introductory paragraph; substituted the present provisions of paragraph (2) for the former provisions, which read: “Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or”; added present paragraph (3); and redesignated former paragraph (3) as present paragraph (4).
Structure Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
§ 16-8-5.1. Circumstances Permitting Inference of Intent to Avoid Payment; Exceptions
§ 16-8-5.2. Retail Property Fencing; Civil Forfeiture; Related Matters
§ 16-8-6. Theft of Lost or Mislaid Property
§ 16-8-7. Theft by Receiving Stolen Property
§ 16-8-8. Theft by Receiving Property Stolen in Another State
§ 16-8-9. Theft by Bringing Stolen Property Into State
§ 16-8-10. Affirmative Defenses to Prosecution for Violation of Code Sections 16-8-2 Through 16-8-9
§ 16-8-11. Venue for Purposes of Code Sections 16-8-2 Through 16-8-9 and 16-8-13 Through 16-8-15
§ 16-8-12. Penalties for Theft in Violation of Code Sections 16-8-2 Through 16-8-9
§ 16-8-13. Theft of Trade Secrets
§ 16-8-14. Theft by Shoplifting
§ 16-8-14.2. Organized Retail Theft
§ 16-8-15. Conversion of Payments for Real Property Improvements
§ 16-8-17. Misuse of Universal Product Code Labels
§ 16-8-18. Entering Automobile or Other Motor Vehicle With Intent to Commit Theft or Felony
§ 16-8-21. Removal or Abandonment of Shopping Carts
§ 16-8-23. Prohibited Uses of Fifth Wheel