Bottom line
This page is a current-reference page for 16-8-7. Theft by receiving stolen property.. Match the facts to the statutory language and verify local charging practice for enhancements or related offenses.
O.C.G.A. section
16-8-7. Theft by receiving stolen property.
Officer field notes
- Identify the exact statutory element supported by the facts; do not rely on the code number alone.
- Document victim/suspect relationship, location, injury/property details, value, weapons, statements, video, and witness evidence when relevant.
- Check family violence, weapon, school zone, prior-conviction, protected-victim, and felony/misdemeanor enhancement issues before final charging.
Report articulation tips
- Use concrete observed facts and quotes instead of conclusions.
- Tie each charge to the element it proves: act, intent/knowledge, victim/property, location, value, injury, or prohibited status.
- If probable cause depends on statements, video, records, or victim/witness identification, identify the source clearly.
Current statutory text
16-8-7. Theft by receiving stolen property.
A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property.
In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.
(Laws 1833, Cobb’s 1851 Digest, pp. 807, 808; Code 1863, §§ 4382, 4383; Code 1868, §§ 4420, 4421; Code 1873, §§ 4488, 4489; Code 1882, §§ 4488, 4489; Penal Code 1895, §§ 171, 172; Penal Code 1910, §§ 168, 169; Code 1933, §§ 26-2620, 26-2621; Ga. L. 1961, p. 118, § 1; Code 1933, § 26-1806, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 4.)
Law reviews.
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For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).
For comment on Gaskins v. State,
119 Ga. App. 593
,
168 S.E.2d 183
(1969), see 22 Mercer L. Rev. 481 (1971).
Source / verification note: Updated 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: 2026-05-23.