---
title: O.C.G.A. § 16-8-5.1. Circumstances permitting inference of intent to avoid payment; exceptions.
collection: code
id: 16-8-5.1
cite_as: O.C.G.A. § 16-8-5.1 (2025)
canonical_url: https://georgiacommons.org/code/16-8-5.1
md_url: https://georgiacommons.org/code/16-8-5.1.md
text_url: https://georgiacommons.org/code/16-8-5.1/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=244
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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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. § 16-8-5.1. Circumstances permitting inference of intent to avoid payment; exceptions.

The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; if a person knowingly:

(1) Used false identification;

(2) Provided false information on a written contract;

(3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee;

(4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner;

(5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or

(6) Returned any property at a time beyond posted business hours of the owner.

No person shall be convicted under Code Section 16-8-2, relating to theft by taking; 16-8-3, relating to theft by deception; 16-8-4, relating to theft by conversion; or 16-8-5, relating to theft of services; where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.

## History

Code 1981, § 16-8-5.1, enacted by Ga. L. 2005, p. 952, § 1/HB 236; Ga. L. 2006, p. 72, § 16/SB 465.