2025 Georgia Codes – Page 83

(a) A person commits the offense of theft by shoplifting when such person alone or in concert with another
person, with the intent of appropriating merchandise to his or her 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 follow-
ing:
(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 merchant’s 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 sec-
tion, when the property which was the subject of the theft is $500.00 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 mis-
demeanor, 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 $500.00, and the fine shall not be suspended or pro-
bated;
(B) Upon conviction of a third offense for shoplifting, when the first two offenses are either felonies or mis-
demeanors, 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, 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 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)(i) As used in this subparagraph, the term “conviction” shall include a plea of nolo contendere.
(ii) Upon conviction of a fourth or subsequent offense for shoplifting, when the prior convictions are either
felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code sec-
tion, the defendant shall be guilty of 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; provided, however, that, in the court’s discretion, the court may depart from such mandatory
minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below
such mandatory sentence.
(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code sec-
tion, when the property which was the subject of the theft exceeds $500.00 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 aggregate value of
the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be
punished by imprisonment for not less than one nor more than ten years.
(4) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code sec-
tion, when the property which was the subject of the theft is taken during a period of 180 days and when the
aggregate value of the property which was the subject of each theft exceeds $500.00 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.

(a)(1) It shall be unlawful for a person to give a false or fictitious name or address or to give the name or
address of another person without that person’s approval or permission for the purpose of obtaining a
refund from a store or retail establishment for merchandise.
(2) It shall be unlawful for a person to obtain a refund in the form of cash, check, credit on a credit or debit
card, a merchant gift card, or credit in any other form from a store or retail establishment using a driver’s
license not issued to such person, a driver’s license containing false information, an identification card con-
taining false information, an altered identification card, or an identification card not issued to such person.
(b) A person who violates subsection (a) of this Code section shall be guilty of refund fraud and, upon convic-
tion, except as provided in subsection (c) of this Code section, shall:
(1) When the property which was the subject of the fraud is $500.00 or less in value, be punished as for a
misdemeanor;
(2) When the property which was the subject of the fraud exceeds $500.00 in value, be guilty of a felony and
shall be punished by imprisonment for not less than one nor more than ten years;
(3) When the property which was the subject of the fraud is taken from three separate stores or retail estab-
lishments within one county during a period of seven days or less and when the aggregate value of the
property which was the subject of each fraud exceeds $500.00 in value, be guilty of a felony and shall be
punished by imprisonment for not less than one nor more than ten years; and
(4) When the property which was the subject of the fraud is taken during a period of 180 days and when the
aggregate value of the property which was the subject of each fraud exceeds $500.00 in value, be guilty of a
felony and shall be punished by imprisonment for not less than one nor more than ten years.
(c)(1) Upon conviction of a second offense for a violation of any provision of this Code section, in addition to
or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $500.00,
and the fine shall not be suspended or probated.
(2) Upon conviction of a third offense for a violation of any provision of this Code section, the defendant
shall be guilty of a felony and, 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 incar-
ceration-probation boot camp,” probation detention 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 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 confine-
ment shall not be suspended, probated, deferred, or withheld.
(3)(A) As used in this paragraph, the term “conviction” shall include a plea of nolo contendere.
(B) Upon conviction of a fourth or subsequent offense for a violation of any provision of this Code section,
the defendant shall be guilty of 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 with-
held; provided, however, that, in the court’s discretion, the court may depart from such mandatory mini-
mum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such
mandatory sentence.
(d) In all cases involving refund fraud, 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 photo-
graphs thereof, shall be prima-facie evidence of value and ownership of the property.
(e) Subsection (b) of this Code section shall not affect the authority of a 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.