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.
Professional Field Documentation Reference
Use a durable field notebook to record the source and timing of statements, ownership information, and other facts relevant to a claimed defense. Clear contemporaneous notes support later report writing; they do not decide whether a defense applies.
Field reference: Rite in the Rain Weatherproof Field Interview Notebook, 3″ x 5″, 6-pack. Weather-resistant pocket notebooks can help officers preserve legible notes when working outdoors or around wet evidence scenes.
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Professional Field Documentation Reference
Rite in the Rain Weatherproof Field Interview Notebook, 3" × 5", 6-pack
For a theft-defense investigation, a weatherproof field interview notebook can help preserve claimed ownership, consent, authority, good-faith belief, supporting documents, witness contacts, and follow-up actions; it does not replace agency case records, evidence procedures, or required investigative protocols.
Disclosure: As an Amazon Associate, GA Police Guide earns from qualifying purchases.