---
title: O.C.G.A. § 10-1-359.2. Penalties for violations.
collection: code
id: 10-1-359.2
cite_as: O.C.G.A. § 10-1-359.2 (2025)
canonical_url: https://georgiacommons.org/code/10-1-359.2
md_url: https://georgiacommons.org/code/10-1-359.2.md
text_url: https://georgiacommons.org/code/10-1-359.2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-pdf.pdf?sfvrsn=c78ce5c1_0#page=25
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / SECONDARY METALS RECYCLERS
---

# O.C.G.A. § 10-1-359.2. Penalties for violations.

(a) Except as provided for in subsection (e) of Code Section 10-1-359.1, any person who buys or sells regulated metal property in violation of any provision of this article:

(1) For a first offense, shall be guilty of a misdemeanor;

(2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and

(3) For a third or subsequent offense or when such regulated metal property is unlawfully obtained and results in property damage exceeding the aggregate amount of $1,500.00, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.

Each unlawfully possessed or obtained used, detached catalytic converter shall be considered a separate offense under this Code section.

(b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys’ fees.

## History

Code 1981, § 10-1-357, enacted by Ga. L. 1992, p. 2452, § 1; Ga. L. 2007, p. 650, § 2/SB 203; Code 1981, § 10-1-359.2, as redesignated by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2023, p. 71, § 1-7/SB 60, effective July 1, 2023; Ga. L. 2025, p. 691, § 6/SB 40, effective July 1, 2025.

## Editor's Notes

Ga. L. 2025, p. 691, § 10/SB 40, not codified by the General Assembly, provides, in part, that the Act shall apply to all transactions occurring on and after July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, deleted “, as such term is defined in subsection (d) of Code Section 10-13-51,” following “catalytic converter” in the ending undesignated paragraph of subsection (a). See Editor’s notes for applicability.