Bottom line
Theft by taking is the general theft charge for unlawfully taking property, or unlawfully appropriating property already lawfully possessed, with intent to deprive the owner.
O.C.G.A. section
16-8-2. Theft by taking.
Current statutory elements
- Unlawful taking of property of another; or unlawful appropriation after lawful possession.
- Intent to deprive the owner of the property.
- The manner of taking does not control; focus on appropriation and intent.
Officer field notes
- Identify the owner or person with lawful possessory interest.
- Document how the suspect took or appropriated the property and what showed intent to deprive.
- Record value, recovery status, statements, video/witness evidence, and any consent/permission issues.
Report articulation tips
- State the property, owner, value, and how the suspect obtained or kept it.
- Articulate facts showing lack of authority and intent to deprive, not just a civil dispute.
- If the property was entrusted first, explain when lawful possession became unlawful appropriation.
Related offenses / sections
- 16-8-1 definitions
- 16-8-12 theft punishment
- 16-8-14 theft by shoplifting
Statutory text reference
16-8-2. Theft by taking. A person commits the offense of theft by taking when he 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. (Laws 1833, Cobb’s 1851 Digest, p. 791; Code 1863, § 4290; Code 1868, § 4327; Code 1873, § 4393; Code 1882, § 4393; Penal Code 1895, § 155; Penal Code 1910, § 152; Code 1933, § 26-2602; Code 1933, § 26-1802, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1974, p. 468, § 1; Ga. L. 1975, p. 876, § 1; Ga. L. 1978, p. 2257, § 1.)
Source / verification note: Drafted from the Georgia Code public CIC/Lexis-linked source snapshot used for this audit. Verify court-sensitive decisions against the official Georgia Code and agency policy. Last reviewed: 2026-05-22.