Theft by Taking


O.C.G.A. § 16-8-1 begins the Georgia code section designated to cover theft crimes. Crimes in this area include theft by deception, theft by taking, theft by receiving among several more. Today I will discuss theft by taking as codified in O.C.G.A. § 16-8-2. O.C.G.A. 16-8-2 defines theft by taking as when a person 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. In essence, theft by taking is taking the property of another against their will. The key elements which create theft by taking are: 1) an unlawful taking; 2) a carrying away; 3) and property of another. When all three of the above elements are in play, theft by taking can be alleged.

As an example, fictional character Billie sees his neighbor's lawnmower and decides to permanently take it. Billie walks across the street and gets the lawnmower, but after he makes it back across the street to his home with the lawnmower, Billie changes his mind and decides that he's made a bad decision. Billie can be charged with theft by taking. Billie unlawfully took and carried away the property of another, a lawnmower in this case. Even though Billie changed his mind, and decided to return the mower, Billie's intent to deprive the owner of the mower, although brief, constitutes a theft by taking. If you've been charged with a theft crime, call the Law Office of Robert L. Booker today. We will thoroughly evaluate your case and provide you with all available options to defend your case and protect your rights.

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