---
title: O.C.G.A. § 16-10-21. Conspiracy to defraud state or political subdivision.
collection: code
id: 16-10-21
cite_as: O.C.G.A. § 16-10-21 (2025)
canonical_url: https://georgiacommons.org/code/16-10-21
md_url: https://georgiacommons.org/code/16-10-21.md
text_url: https://georgiacommons.org/code/16-10-21/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch7-11-(v14a)-2018-pdf.pdf?sfvrsn=aecbfe9c_0#page=626
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
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / OFFENSES AGAINST PUBLIC ADMINISTRATION / OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES
---

# O.C.G.A. § 16-10-21. Conspiracy to defraud state or political subdivision.

(a) A person commits the offense of conspiracy to defraud the state when he conspires or agrees with another to commit theft of any property which belongs to the state or to any agency thereof or which is under the control or possession of a state officer or employee in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of the offense of conspiracy to defraud the state shall be punished by imprisonment for not less than one nor more than five years.

(b) A person commits the offense of conspiracy to defraud a political subdivision when he conspires or agrees with another to commit theft of any property which belongs to a political subdivision or to any agency thereof or which is under the control or possession of an officer or employee of a political subdivision in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of the offense of conspiracy to defraud a political subdivision shall be punished by imprisonment for not less than one nor more than five years.

## History

Ga. L. 1872, p. 25, § 1; Code 1882, § 4493; Penal Code 1895, § 287; Penal Code 1910, § 291; Code 1933, § 26-4201; Code 1933, § 26-2307, enacted by Ga. L. 1968, p. 1249, § 1.