2025 Georgia Codes – Page 93

(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 loca-
tion 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 impris-
onment.
(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 identifi-
cation 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 condi-
tion 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 authori-
ties 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 consti-
tutes 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 subsec-
tion (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 subsec-
tion (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 com-
mission 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 owner’s 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.
Chapter 9
Forgery and Fraudulent Practices

(a) As used in this Code section, the term:
(1) “Bank” means incorporated banks, savings banks, banking companies, trust companies, credit unions,
and other corporations doing a banking business.
(2) “Check” means any instrument for the payment or transmission of money payable on demand and drawn
on a bank.
(3) “Writing” includes, but shall not be limited to, printing or any other method of recording information,
money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right,
privilege, or identification.
(b) A person commits the offense of forgery in the first degree when with the intent to defraud he or she
knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner
that the writing as made or altered purports to have been made by another person, at another time, with dif-
ferent provisions, or by authority of one who did not give such authority and utters or delivers such writing.
(c) A person commits the offense of forgery in the second degree when with the intent to defraud he or she
knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner
that the writing as made or altered purports to have been made by another person, at another time, with dif-
ferent provisions, or by authority of one who did not give such authority.
(d) A person commits the offense of forgery in the third degree when with the intent to defraud he or she
knowingly:
(1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a
fictitious name or in such manner that the check as made or altered purports to have been made by another
person, at another time, with different provisions, or by authority of one who did not give such authority; or
(2) Possesses ten or more checks written without a specified amount in a fictitious name or in such manner
that the checks as made or altered purport to have been made by another person, at another time, with dif-
ferent provisions, or by authority of one who did not give such authority.
(e) A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she
knowingly:
(1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a
fictitious name or in such manner that the check as made or altered purports to have been made by another
person, at another time, with different provisions, or by authority of one who did not give such authority; or
(2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner
that the checks as made or altered purport to have been made by another person, at another time, with dif-
ferent provisions, or by authority of one who did not give such authority.