---
title: O.C.G.A. § 16-8-10. Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-9.
collection: code
id: 16-8-10
cite_as: O.C.G.A. § 16-8-10 (2025)
canonical_url: https://georgiacommons.org/code/16-8-10
md_url: https://georgiacommons.org/code/16-8-10.md
text_url: https://georgiacommons.org/code/16-8-10/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=270
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/16-8.md
previous: https://georgiacommons.org/code/16-8-9.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 / OFFENSES INVOLVING THEFT / THEFT
---

# O.C.G.A. § 16-8-10. Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-9.

It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-9 that the person:

(1) Was unaware that the property or service was that of another;

(2) Acted under an honest claim of right to the property or service involved;

(3) Acted under a right to acquire or dispose of the property as he or she did; provided, however, that the use of a power of attorney as provided in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from criminal responsibility; or

(4) Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.

## History

Code 1933, § 26-1810, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 2017, p. 435, § 3-2/HB 221.

## Other Notes

The 2017 amendment, effective July 1, 2017, substituted ‘‘16-8-9’’ for ‘‘16-8-7’’ in the introductory paragraph; substituted the present provisions of paragraph (2) for the former provisions, which read: ‘‘Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or’’; added present paragraph (3); and redesignated former paragraph (3) as present paragraph (4).