The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly:
No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.
History. Code 1981, § 16-8-5.1 , enacted by Ga. L. 2005, p. 952, § 1/HB 236; Ga. L. 2006, p. 72, § 16/SB 465.
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