Georgia Statutes

§ 16-8-10 — Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-9

Georgia·Title 16

It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-9 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;
(3)Acted under a right to acquire or dispose of the property as he or she did; provided, however, that the use of a power of attorney as provided in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from criminal responsibility; or (4) 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.

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Legislative History

Amended by 2017 Ga. Laws 186,§ 3-2, eff. 7/1/2017.

Nearby Sections

15
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