Re: stolen camaro found out of state
I agree with Lillard. Under the law the possessor is as good as the thief. I am surprised this went on as long as it did before he relinquished control of the vehicle.
<span style="font-weight: bold">Theft Defined Under Georgia Law</span>
Theft can occur in a variety of ways under Georgia law. The most common type of theft involves theft by taking, which Georgia statute defines as occurring when a person “unlawfully takes<span style="font-weight: bold"> or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.”</span> (Georgia Code § 16-8-2.)
Georgia law also provides for several other types of theft, including:
theft by deception (§ 16-8-3.)
theft by conversion (§ 16-8-4.)
theft of services (§ 16-8-5.)
theft of lost or mislaid property (§ 16-8-7.)
<span style="font-weight: bold">theft by receiving property stolen in another state (§ 16-8-8.)
theft by bringing stolen property into the state (§ 16-8-9.)</span>
theft by shoplifting (§ 16-8-14.), and
theft by extortion (§ 16-8-16.).
Theft as Misdemeanor or Felony in Georgia
When a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor in Georgia. (§ 16-8-12.) Punishment for a misdemeanor includes a fine of no more than $1,000 and a sentence of imprisonment of no more than 12 months. If an offender receives a sentence of six months or less, it is within the authority and discretion of the sentencing judge to allow the sentence to be served via weekend confinement or during the offender's nonworking hours. (§ 17-10-3.)
If the theft offense involves property valued at more than $500, the crime is punishable as a felony, or as a misdemeanor, at the judge’s discretion. (§ 17-10-5.) If charged as a felony, theft carries a sentence of imprisonment of not less than one year and not more than ten years. (§ 16-8-12.) The other circumstances under which a theft is punishable as a felony in Georgia include:
theft of anhydrous ammonia (one to ten years of imprisonment)
theft involving the breach of a fiduciary relationship (one to 15 years of imprisonment, and/or a fine)
theft of government or bank property, by an employee (one to 15 years of imprisonment, and/or a fine)
theft involving a gravesite or cemetery decoration (one to three years of imprisonment)
<span style="font-weight: bold">theft of a motor vehicle or vehicle part worth more than $100 (one to 10 years of imprisonment)</span>
theft committed while telemarketing, using a computer or computer network, or engaging in home repair or improvement (one to 10 years of imprisonment),
theft of a destructive device, explosive, or firearm (one to 10 years of imprisonment).
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