16-8-1.
As used in this article, the term:
(1) 'Deprive' means, without justification:
(A) To withhold property of another permanently or temporarily;
or
(B) To dispose of the property so as to make it unlikely that
the owner will recover it.
(2) 'Financial institution' means a bank, insurance company,
credit union, building and loan association, investment trust,
or other organization held out to the public as a place of
deposit of funds or medium of savings or collective investment.
(3) 'Property of another' includes property in which any person
other than the accused has an interest but does not include
property belonging to the spouse of an accused or to them
jointly.
16-8-2.
[
Index ]
A person commits the offense of theft by taking when he
unlawfully takes 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 the property is taken or appropriated.
16-8-3.
[
Index ]
(a) A person commits the offense of theft by deception when he
obtains property by any deceitful means or artful practice with
the intention of depriving the owner of the property.
(b) A person deceives if he intentionally:
(1) Creates or confirms anotherīs impression of an existing fact
or past event which is false and which the accused knows or
believes to be false;
(2) Fails to correct a false impression of an existing fact or
past event which he has previously created or confirmed;
(3) Prevents another from acquiring information pertinent to the
disposition of the property involved;
(4) Sells or otherwise transfers or encumbers property
intentionally failing to disclose a substantial and valid known
lien, adverse claim, or other legal impediment to the enjoyment
of the property, whether such impediment is or is not a matter
of official record; or
(5) Promises performance of services which he does not intend to
perform or knows will not be performed. Evidence of failure to
perform standing alone shall not be sufficient to authorize a
conviction under this subsection.
(c) 'Deceitful means' and 'artful practice' do not, however,
include falsity as to matters having no pecuniary significance,
or exaggeration by statements unlikely to deceive ordinary
persons in the group addressed.
16-8-4.
[
Index ]
(a) A person commits the offense of theft by conversion when,
having lawfully obtained funds or other property of another
including, but not limited to, leased or rented personal
property, under an agreement or other known legal obligation to
make a specified application of such funds or a specified
disposition of such property, he knowingly converts the funds or
property to his own use in violation of the agreement or legal
obligation. This Code section applies whether the application or
disposition is to be made from the funds or property of another
or from the accusedīs own funds or property in equivalent amount
when the agreement contemplates that the accused may deal with
the funds or property of another as his own.
(b) When, under subsection (a) of this Code section, an officer
or employee of a government or of a financial institution fails
to pay on an account, upon lawful demand, from the funds or
property of another held by him, he is presumed to have intended
to convert the funds or property to his own use.
(c)(1) As used in this subsection, the term 'personal property'
means personal property having a replacement cost value greater
than $100.00, excluding any late fees and penalties, and
includes heavy equipment as defined in paragraph (2) of Code
Section 10-1-731 and tractors and farm equipment primarily
designed for use in agriculture.
(2) Any person having any personal property in such personīs
possession or under such personīs control by virtue of a lease
or rental agreement who fails to return the personal property
within five days, Saturdays, Sundays, and holidays excluded,
after a letter demanding return of the personal property has
been mailed to such person by certified or registered mail or
statutory overnight delivery, return receipt requested, at such
personīs last known address by the owner of the personal
property or by the ownerīs agent shall be presumed to have
knowingly converted such personal property to such personīs own
use in violation of such lease or agreement.
(3) In the event that any personal property is not returned as
provided for in the lease or rental agreement and the court
orders the lessor or renter to pay replacement costs,
replacement costs shall include but not be limited to:
(A) The market value of the personal property. The market value
shall be established by the owner of the property by providing
from a supplier of such or reasonably similar personal property
a current quotation of the value of the personal property which
is of like quality, make, and model of the personal property
being replaced. The value to be awarded shall be the higher of:
(i) The value on the date when the conversion occurred; or
(ii) The value on the date of the trial;
(B) All rental charges from the date the rental agreement was
executed until the date of the trial or the date that the
property was recovered, if recovered; and
(C) Interest on the unpaid balance each month at the current
legal rate from the date the court orders the lessor or renter
to pay replacement costs until the date the judgment is
satisfied in full.
(4) If as a part of the order of the court the lessor or renter
is placed on probation, supervision of said probation shall not
be terminated until all replacement costs, fees, charges,
penalties, interest, and other charges are paid in full. All
payments relative to this Code section shall be made to the
appropriate court of jurisdiction and the court shall make
distribution to the owner within 30 days of receipt thereof.
(5) In the event that the owner incurs any expenses in the
process of locating a lessor or renter who did not return any
personal property according to the lease or rental agreement,
the court shall provide that the lessor or renter reimburse the
owner for those expenses which may include, but not be limited
to, credit reports, private detective fees, investigation fees,
fees charged by a law enforcement agency for such services as
police reports, background checks, fees involved with swearing
out a warrant for incarceration, and any other bona fide
expenses.
16-8-5.
[
Index ]
A person commits the offense of theft of services when by
deception and with the intent to avoid payment he knowingly
obtains services, accommodations, entertainment, or the use of
personal property which is available only for compensation.
16-8-6.
[
Index ]
A person commits the offense of theft of lost or mislaid
property when he comes into control of property that he knows or
learns to have been lost or mislaid and appropriates the
property to his own use without first taking reasonable measures
to restore the property to the owner.
16-8-7.
[
Index ]
(a) A person commits the offense of theft by receiving stolen
property when he receives, disposes of, or retains stolen
property which he knows or should know was stolen unless the
property is received, disposed of, or retained with intent to
restore it to the owner. 'Receiving' means acquiring possession
or control or lending on the security of the property.
(b) In any prosecution under this Code section it shall not be
necessary to show a conviction of the principal thief.
16-8-8.
[
Index ]
A person commits the offense of theft by receiving property
stolen in another state when he receives, disposes of, or
retains stolen property which he knows or should know was stolen
in another state, unless the property is received, disposed of,
or retained with intent to restore it to the owner.
16-8-9.
[
Index ]
A person commits the offense of theft by bringing stolen
property into this state when he brings into this state any
property which he knows or should know has been stolen in
another state.
16-8-10.
[
Index ]
It is an affirmative defense to a prosecution for violation of
Code Sections 16-8-2 through 16-8-7 that the person:
(1) Was unaware that the property or service was that of
another;
(2) 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
(3) Took property or service exposed for sale intending to
purchase and pay for it promptly or reasonably believing that
the owner, if present, would have consented.
16-8-11.
[
Index ]
In a prosecution under Code Sections 16-8-2 through 16-8-9 and
16-8-13 through 16-8-15, the crime shall be considered as having
been committed in any county in which the accused exercised
control over the property which was the subject of the theft. In
addition, in any prosecution under Code Section 16-8-4 in which
there is a written rental agreement for personal property, the
crime shall also be considered to have been committed in the
county in which the accused signed the rental agreement.
16-8-12.
[
Index ]
(a) A person convicted of a violation of Code Sections 16-8-2
through 16-8-9 shall be punished as for a misdemeanor except:
(1) If the property which was the subject of the theft exceeded
$500.00 in value, by imprisonment for not less than one nor more
than ten years or, in the discretion of the trial judge, as for
a misdemeanor;
(2) If the property was any amount of anhydrous ammonia, as
defined in Code Section 16-11-111, by imprisonment for not less
than one nor more than ten years, a fine not to exceed the
amount provided by Code Section 17-10-8, or both;
(3) If the property was taken by a fiduciary in breach of a
fiduciary obligation or by an officer or employee of a
government or a financial institution in breach of his or her
duties as such officer or employee, by imprisonment for not less
than one nor more than 15 years, a fine not to exceed the amount
provided by Code Section 17-10-8, or both;
(4) If the crime committed was a violation of Code Section
16-8-2 and if the property which was the subject of the theft
was a memorial to the dead or any ornamentation, flower, tree,
or shrub placed on, adjacent to, or within any enclosure of a
memorial to the dead, by imprisonment for not less than one nor
more than three years. Nothing in this paragraph shall be
construed as to cause action taken by a cemetery, cemetery
owner, lessee, trustee, church, religious or fraternal
organization, corporation, civic organization, or club
legitimately attempting to clean, maintain, care for, upgrade,
or beautify a grave, gravesite, tomb, monument, gravestone, or
other structure or thing placed or designed for a memorial of
the dead to be a criminal act;
(5)(A) The provisions of paragraph (1) of this subsection
notwithstanding, if the property which was the subject of the
theft was a motor vehicle or was a motor vehicle part or
component which exceeded $100.00 in value or if the theft or
unlawful activity was committed in violation of subsection (b)
of Code Section 10-1-393.5 or in violation of subsection (b) of
Code Section 10-1-393.6 or while engaged in telemarketing
conduct in violation of Chapter 5B of Title 10, by imprisonment
for not less than one nor more than ten years or, in the
discretion of the trial judge, as for a misdemeanor; provided,
however, that any person who is convicted of a second or
subsequent offense under this paragraph shall be punished by
imprisonment for not less than one year nor more than 20 years.
(B) Subsequent offenses committed under this paragraph,
including those which may have been committed after prior felony
convictions unrelated to this paragraph, shall be punished as
provided in Code Section 17-10-7;
(6)(A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term
is defined by Code Section 16-8-80.
(ii) 'Explosive' means an explosive as such term is defined by
Code Section 16-8-80.
(iii) 'Firearm' means any rifle, shotgun, pistol, or similar
device which propels a projectile or projectiles through the
energy of an explosive.
(B) If the property which was the subject of the theft offense
was a destructive device, explosive, or firearm, by imprisonment
for not less than one nor more than ten years; or
(7) If the property which was the subject of the theft is a
grave marker, monument, or memorial to one or more deceased
persons who served in the military service of this state, the
United States of America or any of the states thereof, or the
Confederate States of America or any of the states thereof, or a
monument, plaque, marker, or memorial which is dedicated to,
honors, or recounts the military service of any past or present
military personnel of this state, the United States of America
or any of the states thereof, or the Confederate States of
America or any of the states thereof, and if such grave marker,
monument, memorial, plaque, or marker is privately owned or
located on privately owned land, by imprisonment for not less
than one nor more than three years if the value of the property
which was the subject of the theft is $300.00 or less, and by
imprisonment for not less than three years and not more than
five years if the value of the property which was the subject of
the theft is more than $300.00.
(b) 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.
(c) Where a violation of Code Sections 16-8-2 through 16-8-9
involves the theft of a growing or otherwise unharvested
commercial agricultural product which is being grown or produced
as a crop, such offense shall be punished by a fine of not less
than $500.00 and not more than the maximum fine otherwise
authorized by law. This minimum fine shall not in any such case
be subject to suspension, stay, or probation. This minimum fine
shall not be required in any case in which a sentence of
confinement is imposed and such sentence of confinement is not
suspended, stayed, or probated; but this subsection shall not
prohibit imposition of any otherwise authorized fine in such a
case.
16-8-13.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Article' means any object, material, device, substance, or
copy thereof, including any writing, record, recording, drawing,
sample, specimen, prototype, model, photograph, microorganism,
blueprint, or map.
(2) 'Copy' means any facsimile, replica, photograph, or other
reproduction of an article and any note, drawing, or sketch made
of or from an article.
(3) 'Representing' means describing, depicting, containing,
constituting, reflecting, or recording.
(4) 'Trade secret' means information, without regard to form,
including, but not limited to, technical or nontechnical data, a
formula, a pattern, a compilation, a program, a device, a
method, a technique, a drawing, a process, financial data,
financial plans, product plans, or a list of actual or potential
customers or suppliers which is not commonly known by or
available to the public and which information:
(A) Derives economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by
proper means by, other persons who can obtain economic value
from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
(b) Any person who, with the intent to deprive or withhold from
the owner thereof the exclusive use of a trade secret, or with
an intent to appropriate a trade secret to his or her own use or
to the use of another, does any of the following:
(1) Takes, uses, or discloses such trade secret to an
unauthorized person;
(2) Acquires knowledge of such trade secret by deceitful means
or artful practice; or
(3) Without authority, makes or causes to be made a copy of an
article representing such trade secret
commits the offense of theft of a trade secret and, upon
conviction thereof, shall be punished by imprisonment for not
less than one nor more than five years and by a fine of not more
than $50,000.00, provided that, if the value of such trade
secret, and any article representing such trade secret that is
taken, is not more than $100.00 such person shall be punished as
for a misdemeanor.
(c) In a prosecution for any violation of this Code section, a
court shall preserve the secrecy of an alleged trade secret by
reasonable means, which may include granting protective orders
in connection with discovery proceedings, holding in camera
hearings, sealing the records of the action, and ordering any
person involved in the litigation not to disclose an alleged
trade secret without prior court approval.
(d) For the purposes of this Code section, a continuing theft by
any person constitutes a single claim against that person, but
this Code section shall be applied separately to the claim
against each person who receives a trade secret from another
person who committed the theft.
(e) This Code section shall not affect:
(1) Contractual duties or remedies, whether or not based on
theft of a trade secret; or
(2) The provisions of Code Sections 10-1-761 through 10-1-767,
pertaining to civil offenses and remedies involving the
misappropriation of a trade secret, or other civil or criminal
laws that presently apply or in the future may apply to any
transaction or course of conduct that violates this Code
section.
16-8-14.
[
Index ]
(a) A person commits the offense of theft by shoplifting when he
alone or in concert with another person, with the intent of
appropriating merchandise to his own use without paying for the
same or to deprive the owner of possession thereof or of the
value thereof, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of
any store or retail establishment;
(2) Alters the price tag or other price marking on goods or
merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail
establishment from one container to another;
(4) Interchanges the label or price tag from one item of
merchandise with a label or price tag for another item of
merchandise; or
(5) Wrongfully causes the amount paid to be less than the
merchantīs stated price for the merchandise.
(b)(1) A person convicted of the offense of theft by
shoplifting, as provided in subsection (a) of this Code section,
when the property which was the subject of the theft is $300.00
or less in value shall be punished as for a misdemeanor;
provided, however, that:
(A) Upon conviction of a second offense for shoplifting, where
the first offense is either a felony or a misdemeanor, as
defined by this Code section, in addition to or in lieu of any
imprisonment which might be imposed, the defendant shall be
fined not less than $250.00 and the fine shall not be suspended
or probated;
(B) Upon conviction of a third offense for shoplifting, where
the first two offenses are either felonies or misdemeanors, or a
combination of a felony and a misdemeanor, as defined by this
Code section, in addition to or in lieu of any fine which might
be imposed, the defendant shall be punished by imprisonment for
not less than 30 days or confinement in a 'special alternative
incarceration-probation boot camp,' probation detention center,
diversion center, or other community correctional facility of
the Department of Corrections for a period of 120 days or shall
be sentenced to monitored house arrest for a period of 120 days
and, in addition to either such types of confinement, may be
required to undergo psychological evaluation and treatment to be
paid for by the defendant; and such sentence of imprisonment or
confinement shall not be suspended, probated, deferred, or
withheld; and
(C) 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.
(2) A person convicted of the offense of theft by shoplifting,
as provided in subsection (a) of this Code section, when the
property which was the subject of the theft exceeds $300.00 in
value commits a felony and shall be punished by imprisonment for
not less than one nor more than ten years.
(3) A person convicted of the offense of theft by shoplifting,
as provided in subsection (a) of this Code section, when the
property which was the subject of the theft is taken from three
separate stores or retail establishments within one county
during a period of seven days or less and when the property
which was the subject of each theft exceeds $100.00 in value,
commits a felony and shall be punished by imprisonment for not
less than one nor more than ten years.
(c) In all cases involving theft by shoplifting, the term
'value' means the actual retail price of the property at the
time and place of the offense. The unaltered price tag or other
marking on property, or duly identified photographs thereof,
shall be prima-facie evidence of value and ownership of the
property.
(d) Subsection (b) of this Code section shall in no way affect
the authority of a sentencing judge to provide for a sentence to
be served on weekends or during the nonworking hours of the
defendant as provided in Code Section 17-10-3, relative to
punishment for misdemeanors.
16-8-15.
[
Index ]
(a) Any architect, landscape architect, engineer, contractor,
subcontractor, or other person who with intent to defraud shall
use the proceeds of any payment made to him on account of
improving certain real property for any other purpose than to
pay for labor or service performed on or materials furnished by
his order for this specific improvement while any amount for
which he may be or become liable for such labor, services, or
materials remains unpaid commits a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one
year nor more than five years or upon the recommendation of the
jury or in the discretion of the trial judge, punished for a
misdemeanor, provided that, in addition to the above sanctions,
where a corporationīs agent acts within the scope of his office
or employment and on behalf of the corporation and with intent
to defraud uses such proceeds for purposes other than for
property improvements or where a corporationīs board of
directors or managerial official, the latter acting within the
scope of his employment and on behalf of the corporation
recklessly tolerates or, with intent to defraud, authorizes,
requests, or commands the use of such proceeds for purposes
other than for property improvements, the corporation commits a
felony and, upon conviction thereof, shall be punished by a fine
of not less than $1,000.00 nor more than $5,000.00.
(b) A failure to pay for material or labor furnished for such
property improvements shall be prima-facie evidence of intent to
defraud.
16-8-16.
[
Index ]
(a) A person commits the offense of theft by extortion when he
unlawfully obtains property of or from another person by
threatening to:
(1) Inflict bodily injury on anyone or commit any other criminal
offense;
(2) Accuse anyone of a criminal offense;
(3) Disseminate any information tending to subject any person to
hatred, contempt, or ridicule or to impair his credit or
business repute;
(4) Take or withhold action as a public official or cause an
official to take or withhold action;
(5) Bring about or continue a strike, boycott, or other
collective unofficial action if the property is not demanded or
received for the benefit of the group in whose interest the
actor purports to act; or
(6) Testify or provide information or withhold testimony or
information with respect to anotherīs legal claim or defense.
(b) In a prosecution under this Code section, the crime shall be
considered as having been committed in the county in which the
threat was made or received or in the county in which the
property was unlawfully obtained.
(c) It is an affirmative defense to prosecution based on
paragraph (2), (3), (4), or (6) of subsection (a) of this Code
section that the property obtained by threat of accusation,
exposure, legal action, or other invocation of official action
was honestly claimed as restitution or indemnification for harm
done in the circumstance to which such accusation, exposure,
legal action, or other official action relates or as
compensation for property or lawful services.
(d) A person convicted of the offense of theft by extortion
shall be punished by imprisonment for not less than one nor more
than ten years.
16-8-17.
[
Index ]
(a)(1) Except as provided in paragraph (2) of this subsection, a
person who, with intent to cheat or defraud a retailer,
possesses, uses, utters, transfers, makes, alters, counterfeits,
or reproduces a retail sales receipt or a Universal Product Code
label which results in a theft of property which exceeds $300.00
in value commits a felony and shall be punished by imprisonment
for not less than one nor more than three years or by a fine or
both.
(2) A person convicted of a violation of paragraph (1) of this
subsection, when the property which was the subject of the theft
resulting from the unlawful use of retail sales receipts or
Universal Product Code labels is taken from three separate
stores or retail establishments within one county during a
period of seven days or less and when the property which was the
subject of each theft exceeds $100.00 in value, commits a felony
and shall be punished by imprisonment for not less than one nor
more than ten years.
(b) A person who, with intent to cheat or defraud a retailer,
possesses 15 or more fraudulent retail sales receipts or
Universal Product Code labels or possesses a device the purpose
of which is to manufacture fraudulent retail sales receipts or
Universal Product Code labels will be guilty of a felony and
punished by imprisonment for not less than one nor more than ten
years.
16-8-18.
[
Index ]
If any person shall enter any automobile or other motor vehicle
with the intent to commit a theft or a felony, he shall be
guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than
five years, or, in the discretion of the trial judge, as for a
misdemeanor.
16-8-19.
[
Index ]
Reserved.
16-8-20.
[
Index ]
(a) A person commits the offense of livestock theft when he
unlawfully takes or, being in lawful possession thereof,
unlawfully appropriates any livestock of another with the
intention of depriving the owner of such livestock.
(b) For the purposes of this Code section, the term 'livestock'
means horses, cattle, swine, sheep, ratites, goats, rabbits, and
any domestic animal produced as food for human consumption.
(c) Any person committing the offense of livestock theft commits
a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years and
by a fine of $1,000.00; provided, however, that, if the fair
market value of the livestock taken or appropriated is $100.00
or less, the person shall be guilty of a misdemeanor.
(d) For the purposes of this Code section, if any livestock is
killed or mutilated and a portion thereof taken, the value of
the whole animal while alive or his entire carcass, whichever is
greater, shall be considered for the purpose of distinguishing
between a misdemeanor offense and a felony offense.
16-8-21.
[
Index ]
(a) As used in this Code section, 'shopping cart' means those
pushcarts of the type which are commonly provided by grocery
stores, drugstores, or other merchant stores or markets for the
use of the public in transporting commodities in stores and
markets and incidentally from the store to a place outside the
store.
(b) It shall be unlawful for any person to remove a shopping
cart from the premises, posted as provided in subsection (d) of
this Code section, of the owner of such shopping cart without
the consent, given at the time of such removal, of the owner or
of his agent, servant, or employee. For the purpose of this Code
section, the premises shall include all the parking area set
aside by the owner or on behalf of the owner for the parking of
cars for the convenience of the patrons of the owner.
(c) It shall be unlawful for any person to abandon a shopping
cart upon any public street, sidewalk, way, or parking lot other
than a parking lot on the premises of the owner.
(d) The owner of the store in which the shopping cart is used
shall post in at least three prominent places in his store and
at each exit therefrom a printed copy of this Code section,
which copy shall be printed in type no smaller than 12 points.
(e) Any person who violates subsection (b) or (c) of this Code
section shall be guilty of a misdemeanor.
16-8-40.
[
Index ]
(a) A person commits the offense of robbery when, with intent to
commit theft, he takes property of another from the person or
the immediate presence of another:
(1) By use of force;
(2) By intimidation, by the use of threat or coercion, or by
placing such person in fear of immediate serious bodily injury
to himself or to another; or
(3) By sudden snatching.
(b) A person convicted of the offense of robbery shall be
punished by imprisonment for not less than one nor more than 20
years.
(c) Notwithstanding any other provision of this Code section,
any person who commits the offense of robbery 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
20 years.
16-8-41.
[
Index ]
(a) A person commits the offense of armed robbery when, with
intent to commit theft, he or she takes property of another from
the person or the immediate presence of another by use of an
offensive weapon, or any replica, article, or device having the
appearance of such weapon. The offense of robbery by
intimidation shall be a lesser included offense in the offense
of armed robbery.
(b) A person convicted of the offense of armed robbery shall be
punished by death or imprisonment for life or by imprisonment
for not less than ten nor more than 20 years.
(c)(1) The preceding provisions of this Code section
notwithstanding, in any case in which the defendant commits
armed robbery and in the course of the commission of the offense
such person unlawfully takes a controlled substance from a
pharmacy or a wholesale druggist and intentionally inflicts
bodily injury upon any person, such facts shall be charged in
the indictment or accusation and, if found to be true by the
court or if admitted by the defendant, the defendant shall be
punished by imprisonment for not less than 15 years.
(2) As used in this subsection, the term:
(A) 'Controlled substance' means a drug, substance, or immediate
precursor in Schedules I through V of Code Sections 16-13-25
through 16-13-29.
(B) 'Pharmacy' means any place licensed in accordance with
Chapter 4 of Title 26 wherein the possessing, displaying,
compounding, dispensing, or retailing of drugs may be conducted,
including any and all portions of any building or structure
leased, used, or controlled by the licensee in the conduct of
the business licensed by the State Board of Pharmacy at the
address for which the license was issued. The term pharmacy
shall also include any building, warehouse, physicianīs office,
or hospital used in whole or in part for the sale, storage, or
dispensing of any controlled substance.
(C) 'Wholesale druggist' means an individual, partnership,
corporation, or association registered with the State Board of
Pharmacy under Chapter 4 of Title 26.
(d) Any person convicted under this Code section shall, in
addition, be subject to the sentencing and punishment provisions
of Code Sections 17-10-6.1 and 17-10-7.
16-8-60.
[
Index ]
(a) It is unlawful for any person, firm, partnership,
corporation, or association knowingly to:
(1) Transfer or cause to be transferred any sounds or visual
images recorded on a phonograph record, disc, wire, tape,
videotape, film, or other article on which sounds or visual
images are recorded onto any other phonograph record, disc,
wire, tape, videotape, film, or article without the consent of
the person who owns the master phonograph record, master disc,
master tape, master videotape, master film, or other device or
article from which the sounds or visual images are derived; or
(2) Sell; distribute; circulate; offer for sale, distribution,
or circulation; possess for the purpose of sale, distribution,
or circulation; cause to be sold, distributed, or circulated;
cause to be offered for sale, distribution, or circulation; or
cause to be possessed for sale, distribution, or circulation any
article or device on which sounds or visual images have been
transferred, knowing it to have been made without the consent of
the person who owns the master phonograph record, master disc,
master tape, master videotape, master film, or other device or
article from which the sounds or visual images are derived.
(b) It is unlawful for any person, firm, partnership,
corporation, or association to sell; distribute; circulate;
offer for sale, distribution, or circulation; or possess for the
purposes of sale, distribution, or circulation any phonograph
record, disc, wire, tape, videotape, film, or other article on
which sounds or visual images have been transferred unless such
phonograph record, disc, wire, tape, videotape, film, or other
article bears the actual name and address of the transferor of
the sounds or visual images in a prominent place on its outside
face or package.
(c) This Code section does not apply to any person who transfers
or causes to be transferred any such sounds or visual images:
(1) Intended for or in connection with radio or television
broadcast transmission or related uses;
(2) For archival purposes; or
(3) Solely for the personal use of the person transferring or
causing the transfer and without any profit being derived by the
person from the transfer.
(d) Violation of this Code section is a felony and is punishable
upon conviction by a fine of not more than $25,000.00 or by
imprisonment for not less than one year nor more than two years,
or both fine and imprisonment; second or subsequent violations
of this Code section shall be punishable upon conviction by a
fine of not more than $100,000.00 or by imprisonment for not
less than one year nor more than three years, or both fine and
imprisonment.
(e) This Code section shall neither enlarge nor diminish the
right of parties to enter into a private contract.
16-8-61.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Official rating' means the official rating of a motion
picture by the Classification and Rating Administration of the
Motion Picture Association of America.
(2) 'Video movie' means a videotape, video cassette, video disc,
any prerecorded video display or visual depiction, any
prerecorded device that can be converted to a visual depiction,
or other reproduction or reconstruction of a motion picture.
(b) No person may sell, rent, loan, or otherwise disseminate or
distribute for monetary consideration a video movie unless the
official rating of the motion picture from which the video movie
is copied is clearly and prominently displayed in boldface type
on the outside of the cassette, case, jacket, or other covering
containing the video movie. Such video movie shall be clearly
and prominently marked as 'not rated' if:
(1) The motion picture from which the video movie is copied has
no official rating;
(2) The official rating of the motion picture from which the
video movie is copied is not readily available to such person;
or
(3) The video movie has been altered so that its content
materially differs from the motion picture.
(c) Any person who violates subsection (b) of this Code section
shall, upon conviction thereof, be punished by a fine of not
more than $100.00.
16-8-80.
[
Index ]
This article shall be known and may be cited as the 'Motor
Vehicle Chop Shop and Stolen and Altered Property Act.'
16-8-81.
[
Index ]
(a) The General Assembly finds and declares the following:
(1) The annual number of reported motor vehicle thefts has
exceeded 1 million. Approximately 50 percent of all larcenies
reported to law enforcement authorities in the United States are
directed against motor vehicles. The recovery rate of stolen
motor vehicles has decreased significantly during the most
recent decade;
(2) Thefts of motor vehicles and the disposition of stolen motor
vehicles and motor vehicle parts are becoming more professional
in nature. Such theft and disposition activities have attracted
criminal elements which have used intimidation and violence as a
means of obtaining increased control of such activities;
(3) The theft of motor vehicles has brought increased and
unnecessary burdens to motor vehicle users and taxpayers, as the
national financial cost of motor vehicle related theft offenses
currently approaches $5 billion annually;
(4) Prosecutors should give increased emphasis to the
prosecution of persons committing motor vehicle thefts, with
particular emphasis given to professional motor vehicle theft
operations and to persons engaged in the dismantling of stolen
motor vehicles for the purpose of trafficking in stolen motor
vehicle parts; and
(5) Traditional law enforcement strategies and techniques that
concentrate on bringing criminal penalties to bear on motor
vehicle thieves, but do not focus on chop shops that are heavily
involved in the dismantling of stolen motor vehicles or the
distribution of motor vehicle parts and that do not enlist the
assistance of private enforcement and use civil sanctions, are
inadequate to control motor vehicle theft, as well as related
offenses. Comprehensive strategies must be formulated; more
effective law enforcement techniques must be developed;
evidentiary, procedural, and substantive laws must be
strengthened; and criminal penalties and civil sanctions must be
enhanced.
(b) The General Assembly, therefore, concludes that for the
protection of the general public interest, the 'Motor Vehicle
Chop Shop and Stolen and Altered Property Act' shall be enacted.
16-8-82.
[
Index ]
As used in this article, the term:
(1) 'Chop shop' means any building, lot, or other premise where
one or more persons knowingly engage in altering, destroying,
disassembling, dismantling, reassembling, or storing any motor
vehicle or motor vehicle part known to be illegally obtained by
theft, fraud, or conspiracy to defraud in order to either:
(A) Alter, counterfeit, deface, destroy, disguise, falsify,
forge, obliterate, or remove the identification, including the
vehicle identification number of such motor vehicle or motor
vehicle part, in order to misrepresent the identity of such
motor vehicle or motor vehicle part or to prevent the
identification of such motor vehicle or motor vehicle part; or
(B) Sell or dispose of such motor vehicle or motor vehicle part.
(2) 'Motor vehicle' includes every device in, upon, or by which
any person or property is or may be transported or drawn upon a
highway which is self-propelled or which may be connected to and
towed by a self-propelled device and also includes any and all
other land based devices which are self-propelled but which are
not designed for use upon a highway, including, but not limited
to, farm machinery and construction equipment.
(3) 'Person' includes a natural person, company, corporation,
unincorporated association, partnership, professional
corporation, and any other legal entity.
(4) 'Unidentifiable' means that the uniqueness of a motor
vehicle or motor vehicle part cannot be established by either
expert law enforcement investigative personnel specially trained
and experienced in motor vehicle theft investigative procedures
and motor vehicle identification examination techniques or by
expert employees of not for profit motor vehicle theft
prevention agencies specially trained and experienced in motor
vehicle theft investigation procedures and motor vehicle
identification examination techniques.
(5) 'Vehicle identification number' includes, but is not limited
to, a number or numbers, a letter or letters, a character or
characters, a datum or data, a derivative or derivatives, or a
combination or combinations thereof, used by the manufacturer or
the Department of Motor Vehicle Safety for the purpose of
uniquely identifying a motor vehicle or motor vehicle part.
16-8-83.
[
Index ]
(a) Any person who knowingly and with intent:
(1) Owns, operates, or conducts a chop shop;
(2) Transports any motor vehicle or motor vehicle part to or
from a location knowing it to be a chop shop; or
(3) Sells, transfers, purchases, or receives any motor vehicle
or motor vehicle part either to or from a location knowing it to
be a chop shop
shall be guilty of a felony and, upon conviction thereof, shall
be punished by imprisonment for not less than three years nor
more than ten years, by a fine of not more than $100,000.00, or
by both such fine and imprisonment.
(b) Any person who knowingly alters, counterfeits, defaces,
destroys, disguises, falsifies, forges, obliterates, or removes
a vehicle identification number with the intent to misrepresent
the identity or prevent the identification of a motor vehicle or
motor vehicle part shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not
less than one year nor more than ten years, by a fine of not
more than $50,000.00, or by both such fine and imprisonment.
(c)(1) Any person who buys, disposes, sells, transfers, or
possesses a motor vehicle or motor vehicle part with knowledge
that the vehicle identification number of the motor vehicle or
motor vehicle part has been altered, counterfeited, defaced,
destroyed, disguised, falsified, forged, obliterated, or removed
shall be guilty of a felony and, upon conviction thereof, shall
be punished by imprisonment for not less than one year nor more
than ten years, by a fine of not more than $50,000.00, or by
both such fine and imprisonment.
(2) The provisions of paragraph (1) of this subsection shall not
apply to a motor vehicle scrap processor who, in the normal
legal course of business and in good faith, processes a motor
vehicle or motor vehicle part by crushing, compacting, or other
similar methods, provided that any vehicle identification number
is not removed from the motor vehicle or motor vehicle part
prior to or during any such processing.
(3) The provisions of paragraph (1) of this subsection shall not
apply to any owner or authorized possessor of a motor vehicle
recovered by law enforcement authorities after having been
stolen or where the condition of the vehicle identification
number of the motor vehicle or motor vehicle part is known to or
has been reported to law enforcement authorities. It shall be
presumed that law enforcement authorities have knowledge of all
vehicle identification numbers on a motor vehicle or motor
vehicle part which are altered, counterfeited, defaced,
disguised, falsified, forged, obliterated, or removed when law
enforcement authorities deliver or return the motor vehicle or
motor vehicle part to its owner or authorized possessor after it
has been recovered by law enforcement authorities after having
been reported stolen.
(d) A person commits the offense of attempted operation of a
chop shop when, with the intent to commit a violation proscribed
by subsection (a), (b), or (c) of this Code section, the person
does any act which constitutes a substantial step toward the
commission of a violation proscribed by subsection (a), (b), or
(c) of this Code section; and such person shall be guilty of a
felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than five
years, by a fine of not more than $25,000.00, or by both such
fine and imprisonment.
(e) A person commits the offense of conspiracy when, with the
intent that a violation proscribed by subsection (a), (b), or
(c) of this Code section be committed, the person agrees with
another to the commission of a violation proscribed by
subsection (a), (b), or (c) of this Code section; and such
person shall be guilty of a felony and, upon conviction thereof,
shall be punished by imprisonment for not less than one year nor
more than five years, by a fine of not more than $25,000.00, or
by both such fine and imprisonment. No person may be convicted
of conspiracy under this subsection unless an act in furtherance
of such agreement is alleged and proved to have been committed
by that person or a coconspirator.
(f) A person commits the offense of solicitation when, with the
intent that a violation proscribed by subsection (a), (b), or
(c) of this Code section be committed, the person commands,
encourages, or requests another to commit a violation proscribed
by subsection (a), (b), or (c) of this Code section; and such
person shall be guilty of a felony and, upon conviction thereof,
shall be punished by imprisonment for not less than one year nor
more than five years, by a fine of not more than $25,000.00, or
by both such fine and imprisonment.
(g) A person commits the offense of aiding and abetting when,
either before or during the commission of a violation proscribed
by subsection (a), (b), or (c) of this Code section and with the
intent to promote or facilitate such commission, the person
aids, abets, agrees, or attempts to aid another in the planning
or commission of a violation proscribed by subsection (a), (b),
or (c) of this Code section; and such person shall be guilty of
a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than five
years, by a fine of not more than $25,000.00, or by both such
fine and imprisonment.
(h) A person is an accessory after the fact who maintains,
assists, or gives any other aid to an offender while knowing or
having reasonable grounds to believe the offender has committed
a violation under subsection (a), (b), or (c) of this Code
section; and such person shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not
less than one year nor more than five years, by a fine of not
more than $25,000.00, or by both such fine and imprisonment.
(i) No prosecution shall be brought and no person shall be
convicted of any violation under this Code section where the
acts of such person otherwise constituting a violation were done
in good faith in order to comply with the laws or regulations of
any state or territory of the United States or of the United
States government.
(j) The sentence imposed upon a person convicted of any
violation of this Code section shall not be reduced to less than
one year of imprisonment for a second conviction or less than
five years for a third or subsequent conviction, and no sentence
imposed upon a person for a second or subsequent conviction of
any violation of this Code section shall be suspended or reduced
until such person shall have served the minimum period of
imprisonment provided for in this Code section. A person
convicted of a second or subsequent violation of this Code
section shall not be eligible for probation, parole, furlough,
or work release.
(k)(1) In addition to any other punishment, a person who
violates this Code section shall be ordered to make restitution
to the lawful owner or owners of the stolen motor vehicle or
vehicles or the stolen motor vehicle part or parts, to the
ownerīs insurer to the extent that the owner has been
compensated by the insurer, and to any other person for any
financial loss sustained as a result of a violation of this Code
section.
(2) For purposes of this Code section, the term:
(A) 'Financial loss' shall include, but not be limited to, loss
of earnings, out-of-pocket and other expenses, repair and
replacement costs, and claims payments.
(B) 'Lawful owner' shall include an innocent bona fide purchaser
for value of a stolen motor vehicle or motor vehicle part who
does not know that the motor vehicle or part is stolen or an
insurer to the extent that such insurer has compensated a bona
fide purchaser for value.
(3) The court shall determine the extent and method of
restitution required under this subsection. In an extraordinary
case, the court may determine that the best interests of the
victim and justice would not be served by ordering restitution.
In any such case, the court shall make and enter specific
written findings on the record concerning the extraordinary
circumstances presented which mitigated against restitution.
16-8-84.
[
Index ]
(a) Any tool, implement, or instrumentality, including, but not
limited to, a motor vehicle or motor vehicle part, used or
possessed in connection with any violation of Code Section
16-8-83 may be seized by a member of a state or local law
enforcement agency upon process issued by any court of competent
jurisdiction.
(b) Seizure of property described in subsection (a) of this Code
section may be made by a member of a state or local law
enforcement agency without process if:
(1) The seizure is made in accordance with any applicable law or
regulation;
(2) The seizure is incident to inspection under an
administrative inspection warrant;
(3) The seizure is incident to a search made under a search
warrant;
(4) The seizure is incident to a lawful arrest;
(5) The seizure is made pursuant to a valid consent to search;
(6) The property seized has been the subject of a prior judgment
in favor of the state in a criminal proceeding or in an
injunction or forfeiture proceeding under Code Section 16-8-86;
or
(7) There are reasonable grounds to believe that the property is
directly or indirectly dangerous to the health or safety of the
public.
(c) When property is seized pursuant to this Code section, the
seizing agency may:
(1) Place the property under seal; or
(2) Remove the property to a place selected and designated by
the seizing agency.
16-8-85.
[
Index ]
(a) The following are subject to forfeiture unless obtained by
theft, fraud, or conspiracy to defraud and the rightful owner is
known or can be identified and located:
(1) Any tool;
(2) Any implement; or
(3) Any instrumentality, including, but not limited to, any
motor vehicle or motor vehicle part, whether or not owned by the
person from whose possession or control it was seized, which is
used or possessed either in violation of Code Section 16-8-83 or
to promote or facilitate a violation of Code Section 16-8-83.
(b) Any motor vehicle, other conveyance, or motor vehicle part
used by any person as a common carrier is subject to forfeiture
under this Code section where the owner or other person in
charge of the motor vehicle, other conveyance, or motor vehicle
part is a consenting party to a violation of Code Section
16-8-83.
(c)(1) Any motor vehicle, motor vehicle part, other conveyance,
tool, implement, or instrumentality is not subject to forfeiture
under this Code section by reason of any act or omission which
the owner proves to have been committed or omitted without the
ownerīs knowledge or consent.
(2) Seizing agencies shall utilize their best efforts to
identify any seized motor vehicle or motor vehicle part to
determine ownership or the identity of any other person having a
right or interest in a seized motor vehicle or motor vehicle
part. In its reasonable identification and owner location
attempts, the seizing agency shall cause the stolen motor
vehicle files of the Georgia Bureau of Investigation to be
searched for stolen or wanted information on motor vehicles
similar to the seized motor vehicle or consistent with the
seized motor vehicle part.
(3) Where a motor vehicle part has an apparent value in excess
of $1,000.00:
(A) The seizing agency shall consult with an expert of the type
specified in paragraph (4) of Code Section 16-8-82; and
(B) The seizing agency shall also request searches of the
on-line and off-line files of the National Crime Information
Center and the National Automobile Theft Bureau when the Georgia
Bureau of Investigation and Georgia Crime Information Center
files have been searched with negative results.
(d) A forfeiture of a motor vehicle, motor vehicle part, or
other conveyance encumbered by a bona fide security interest is
subject to the interest of the secured party where the secured
party neither had knowledge of nor consented to the act or
omission forming the ground for the forfeiture.
(e) Property, as described in subsection (a) of this Code
section, which is seized and held for forfeiture shall not be
subject to replevin and is subject only to the order and
judgments of a court of competent jurisdiction hearing the
forfeiture proceedings.
(f)(1) A prosecutor in the county where the seizure occurs shall
bring an action for forfeiture in a court of competent
jurisdiction. The forfeiture action shall be brought within 60
days from the date of seizure except where the prosecutor in the
sound exercise of discretion determines that no forfeiture
action should be brought because of the rights of property
owners, lienholders, or secured creditors or because of
exculpatory, exonerating, or mitigating facts and circumstances.
(2) The prosecutor shall give notice of the forfeiture
proceeding by mailing a copy of the complaint in the forfeiture
proceeding to each person whose right, title, or interest is of
record in the Department of Motor Vehicle Safety, the Department
of Transportation, the Federal Aviation Agency, or any other
department or agency of this state, any other state or territory
of the United States, or of the federal government if such
property is required to be registered with any such department
or agency.
(3) Notice of the forfeiture proceeding shall be given to any
other such person as may appear, from the facts and
circumstances, to have any right, title, or interest in or to
the property.
(4) The owner of the property or any person having or claiming
right, title, or interest in the property may within 60 days
after the mailing of such notice file a verified answer to the
complaint and may appear at the hearing on the action for
forfeiture.
(5) The prosecutor shall show at a forfeiture hearing, by a
preponderance of the evidence, that such property was used in
the commission of a violation of Code Section 16-8-83 or was
used or possessed to facilitate such violation.
(6) The owner of such property may show by a preponderance of
the evidence that the owner did not know, and did not have
reason to know, that the property was to be used or possessed in
the commission of any violation or that any of the exceptions to
forfeiture are applicable.
(7) Unless the prosecutor shall make the showing required of it,
the court shall order the property released to the owner. Where
the prosecutor has made such a showing, the court may order
that:
(A) The property be destroyed by the agency which seized it or
some other agency designated by the court;
(B) The property be delivered and retained for use by the agency
which seized it or some other agency designated by the court; or
(C) The property be sold at public sale.
(g) A copy of a forfeiture order shall be filed with the sheriff
of the county in which the forfeiture occurs and with each
federal or state department or agency with which such property
is required to be registered. Such order, when filed,
constitutes authority for the issuance to the agency to whom the
property is delivered and retained for use or to any purchaser
of the property of a certificate of title, registration
certificate, or other special certificate as may be required by
law in consideration of the condition of the property.
(h) Proceeds from sale at public auction, after payment of all
reasonable charges and expenses incurred by the agency
designated by the court to conduct the sale in storing and
selling the property, shall be paid into the general fund of the
county of seizure.
(i) No motor vehicle, either seized under Code Section 16-8-84
or forfeited under this Code section, shall be released by the
seizing agency or used or sold by an agency designated by the
court unless any altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated, or removed vehicle
identification number is corrected by the issuance and affixing
of either an assigned or replacement vehicle identification
number plate as may be appropriate under laws or regulations of
this state.
(j) No motor vehicle part having any altered, counterfeited,
defaced, destroyed, disguised, falsified, forged, obliterated,
or removed vehicle identification number may be disposed of upon
forfeiture except by destruction thereof, except that this
subsection shall not apply to any such motor vehicle part which
is assembled with and constitutes part of a motor vehicle.
(k) No motor vehicle or motor vehicle part shall be forfeited
under this Code section solely on the basis that it is
unidentifiable. Instead of forfeiture, any seized motor vehicle
or motor vehicle part which is unidentifiable shall be the
subject of a written report sent by the seizing agency to the
Department of Motor Vehicle Safety, which report shall include a
description of the motor vehicle or motor vehicle part,
including its color, if any; the date, time, and place of its
seizure; the name of the person from whose possession or control
it was seized; the grounds for its seizure; and the location
where the same is held or stored.
(l) When a seized unidentifiable motor vehicle or motor vehicle
part has been held for 60 days or more after the notice to the
Department of Motor Vehicle Safety specified in subsection (k)
of this Code section has been given, the seizing agency, or its
agent, shall cause the motor vehicle or motor vehicle part to be
sold at a public sale to the highest bidder. Notice of the time
and place of sale shall be posted in a conspicuous place for at
least 30 days prior to the sale on the premises where the motor
vehicle or motor vehicle part has been stored.
(m) When a seized unidentifiable motor vehicle or motor vehicle
part has an apparent value of $1,000.00 or less, the seizing
agency shall authorize the disposal of the motor vehicle or
motor vehicle part, provided that no such disposition shall be
made sooner than 60 days after the date of seizure.
(n) The proceeds of the public sale of an unidentifiable motor
vehicle or motor vehicle part shall be deposited into the
general fund of the state, county, or municipal corporation
employing the seizing agency after deduction of any reasonable
and necessary towing and storage charges.
(o) Seizing agencies shall utilize their best efforts to arrange
for the towing and storing of motor vehicles and motor vehicle
parts in the most economical manner possible. In no event shall
the owner of a motor vehicle or a motor vehicle part be required
to pay more than the minimum reasonable costs of towing and
storage.
(p) A seized motor vehicle or motor vehicle part that is neither
forfeited nor unidentifiable shall be held subject to the order
of the court in which the criminal action is pending or, if a
request for its release from such custody is made, until the
prosecutor has notified the defendant or the defendantīs
attorney of such request and both the prosecution and defense
have been afforded a reasonable opportunity for an examination
of the property to determine its true value and to produce or
reproduce, by photographs or other identifying techniques,
legally sufficient evidence for introduction at trial or other
criminal proceedings. Upon expiration of a reasonable time for
the completion of the examination, which in no event shall
exceed 14 days from the date of service upon the defense of the
notice of request for return of property as provided in this
subsection, the property shall be released to the person making
such request after satisfactory proof of such personīs
entitlement to the possession thereof. Notwithstanding the
foregoing, upon application by either party with notice to the
other, the court may order retention of the property if it
determines that retention is necessary in the furtherance of
justice.
(q) When a seized vehicle is forfeited, restored to its owner,
or disposed of as unidentifiable, the seizing agency shall
retain a report of the transaction for a period of at least one
year from the date of the transaction.
(r) When an applicant for a certificate of title or salvage
certificate of title presents to the Department of Motor Vehicle
Safety proof that the applicant purchased or acquired a motor
vehicle at public sale conducted pursuant to this Code section
and such fact is attested to by the seizing agency, the
Department of Motor Vehicle Safety shall issue a certificate of
title or a salvage certificate of title, as determined by the
commissioner of motor vehicle safety, for such motor vehicle
upon receipt of the statutory fee, a properly executed
application for a certificate of title or other certificate of
ownership, and the affidavit of the seizing agency that a state
assigned number was applied for and affixed to the motor vehicle
prior to the time that the motor vehicle was released by the
seizing agency to the purchaser.
16-8-86.
[
Index ]
(a) The Attorney General, any prosecutor, or any aggrieved
person may institute a civil action against any person in a
court of competent jurisdiction seeking relief from conduct
constituting a violation of any provision of this article. If
the plaintiff in such action proves the alleged violation, or
its threat, by a preponderance of the evidence, any court of
competent jurisdiction after due provision for the rights of
innocent persons shall grant relief by entering any appropriate
order or judgment, including, but not limited to:
(1) Ordering any defendant to be divested of any interest in any
property;
(2) Imposing reasonable restrictions upon the future activities
or investments of any defendant, including prohibiting any
defendant from engaging in the same type of endeavor as the
defendant was engaged in previously;
(3) Ordering the suspension or revocation of a license, permit,
or prior approval granted by any public agency or any other
public authority; or
(4) Ordering the surrender of the charter of a corporation
organized under the laws of this state or the revocation of a
certificate authorizing a foreign corporation to conduct
business within this state upon a finding that the board of
directors or a managerial agent acting on behalf of the
corporation, in conducting the affairs of the corporation, has
authorized or engaged in conduct made unlawful by this article
and that, for the prevention of future criminal conduct, the
public interest requires the charter of the corporation be
surrendered and the corporation dissolved or the certificate to
conduct business in this state revoked.
(b) In a proceeding under this Code section, injunctive relief
shall be granted in conformity with the principles that govern
the granting of relief from injury or threatened injury in other
cases, but no showing of special or irreparable injury shall
have to be made. Pending final determination of a proceeding
under this Code section, a temporary restraining order or a
preliminary injunction may be issued upon a showing of immediate
danger of significant injury, including the possibility that any
judgment for money damages might be difficult to execute, and,
in a proceeding initiated by an aggrieved person, upon the
execution of proper bond against injury for an injunction
improvidently granted.
(c) Any person injured, directly or indirectly, by conduct
constituting a violation by any person of Code Section 16-8-83
shall, in addition to any other relief, have a cause of action
for threefold the actual damages sustained by the person.
(d) A final judgment or decree rendered against the defendant in
any civil or criminal proceeding shall estop the defendant in
any subsequent civil action or proceeding brought by any person
as to all matters to which the judgment or decree would be an
estoppel as between the parties to the civil or criminal
proceeding.
(e) Notwithstanding any other provision of law providing for a
shorter period of limitations, a civil action under this Code
section may be commenced at any time within five years after the
conduct made unlawful under Code Section 16-8-83 terminates or
the cause of action accrues or within any longer statutory
period that may be applicable. If any action is brought by a
prosecutor to punish, prevent, or restrain any activity made
unlawful under Code Section 16-8-83, the running of the period
of limitations shall be suspended during the pendency of such
action and for two years following its termination.
(f) Personal service of any process in an action under this Code
section may be made upon any person outside the state if the
person has engaged in any conduct constituting a violation of
Code Section 16-8-83 in this state. The person shall be deemed
to have thereby submitted to the jurisdiction of the courts of
this state for the purposes of this subsection.
(g) Obtaining any civil remedy under this Code section shall not
preclude obtaining any other civil or criminal remedy under this
article or any other provision of law. Civil remedies under this
Code section are supplemental and not exclusive.
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