---
title: O.C.G.A. § 16-7-2. Smash and grab burglary; ‘‘retail establishment’’ defined; penalty.
collection: code
id: 16-7-2
cite_as: O.C.G.A. § 16-7-2 (2025)
canonical_url: https://georgiacommons.org/code/16-7-2
md_url: https://georgiacommons.org/code/16-7-2.md
text_url: https://georgiacommons.org/code/16-7-2/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=73
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.
up: https://georgiacommons.org/code/16-7.md
previous: https://georgiacommons.org/code/16-7-1.md
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index: https://georgiacommons.org/code/index.md
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 / DAMAGE TO AND INTRUSION UPON PROPERTY / BURGLARY
---

# O.C.G.A. § 16-7-2. Smash and grab burglary; ‘‘retail establishment’’ defined; penalty.

(a) As used in this Code section, the term ‘‘retail establishment’’ means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment.

(b) A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner’s consent.

(c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both.

## History

Code 1981, § 16-7-2, enacted by Ga. L. 2010, p. 1147, § 6/HB 1104.