Georgia Code
Article 1 - Theft
§ 16-8-14. Theft by Shoplifting

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).