Georgia Code
Article 1 - Theft
§ 16-8-12. Penalties for Theft in Violation of Code Sections 16-8-2 Through 16-8-9

History. Code 1933, § 26-1812, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1972, p. 841, § 4; Ga. L. 1978, p. 1457, § 1; Ga. L. 1981, p. 1552, § 1; Ga. L. 1981, p. 1576, § 1; Ga. L. 1982, p. 1371, § 2; Ga. L. 1984, p. 900, § 3; Ga. L. 1986, p. 1228, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1994, p. 359, § 1; Ga. L. 1996, p. 231, § 4; Ga. L. 1996, p. 416, § 4; Ga. L. 1997, p. 1507, § 4; Ga. L. 1998, p. 643, § 5; Ga. L. 2000, p. 1085, § 3; Ga. L. 2001, p. 1153, § 2; Ga. L. 2003, p. 177, § 1; Ga. L. 2004, p. 1072, § 2; Ga. L. 2006, p. 329, § 1/HB 1275; Ga. L. 2007, p. 650, § 4/SB 203; Ga. L. 2009, p. 731, § 4/SB 82; Ga. L. 2012, p. 112, § 1-2/HB 872; Ga. L. 2012, p. 899, § 3-2/HB 1176; Ga. L. 2014, p. 195, § 2/HB 749; Ga. L. 2018, p. 550, § 4-1/SB 407; Ga. L. 2021, p. 384, § 5/HB 363.
The 2018 amendment, effective July 1, 2018, in subparagraph (a)(6)(B), inserted “year” and added the proviso at the end.
The 2021 amendment, effective July 1, 2021, substituted “Reserved.” for the former provisions of subsection (b), which read: “Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years.”
Cross references.
Unlawful telemarketing transactions, § 10-1-393.6 .
Reports of stolen motor vehicles, § 40-3-5 .
Editor’s notes.
Ga. L. 1997, p. 1507, § 5, not codified by the General Assembly, provides that the 1997 amendment to this Code section is applicable to offenses committed on or after July 1, 1997.
Ga. L. 1998, p. 643, § 6, not codified by the General Assembly, provides that the 1998 amendment to this Code section is applicable to acts and offenses committed on or after July 1, 1998.
Ga. L. 2000, p. 1085, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Protection of Elder Persons Act of 2000’. ”
Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on or after July 1, 2012.
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. 2014, p. 195, § 3/HB 749, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2014, and shall apply to all offenses committed on or after such date.”
Law reviews.
For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. L. Rev. 723 (1979).
For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 29 (1997).
For review of 1998 legislation relating to commerce and trade, see 15 Ga. St. U.L. Rev. 9 (1998).
For note on 2000 amendment of O.C.G.A. § 16-8-12 , see 17 Ga. St. U.L. Rev. 93 (2000).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).
For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).

Structure Georgia Code

Georgia Code

Title 16 - Crimes and Offenses

Chapter 8 - Offenses Involving Theft

Article 1 - Theft

§ 16-8-1. Definitions

§ 16-8-2. Theft by Taking

§ 16-8-3. Theft by Deception

§ 16-8-4. Theft by Conversion

§ 16-8-5. Theft of Services

§ 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

§ 16-8-14.1. Refund Fraud

§ 16-8-14.2. Organized Retail Theft

§ 16-8-15. Conversion of Payments for Real Property Improvements

§ 16-8-16. Theft by Extortion

§ 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

§ 16-8-20. Livestock Theft

§ 16-8-21. Removal or Abandonment of Shopping Carts

§ 16-8-22. Cargo Theft

§ 16-8-23. Prohibited Uses of Fifth Wheel

§ 16-8-24. Theft by Possession of Stolen Mail

§ 16-8-25. Porch Piracy