---
title: O.C.G.A. § 38-2-274. Unlawful conversion of military property; penalty.
collection: code
id: 38-2-274
cite_as: O.C.G.A. § 38-2-274 (2025)
canonical_url: https://georgiacommons.org/code/38-2-274
md_url: https://georgiacommons.org/code/38-2-274.md
text_url: https://georgiacommons.org/code/38-2-274/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=425
date: 2025
status: active
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / PERSONNEL / RIGHTS, PRIVILEGES, AND PROHIBITIONS
---

# O.C.G.A. § 38-2-274. Unlawful conversion of military property; penalty.

(a) It shall be unlawful for any person to secrete, sell, dispose of, offer for sale, purchase, retain after demand by a commissioned officer of the organized militia, or in any manner pawn or pledge any arms, uniforms, equipment, or other military property issued under this chapter.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

(c) No judge, district attorney, solicitor-general, sheriff, court clerk, or other peace officer shall require the payment of any fees, court costs, or charges of any nature for any warrant obtained by the prosecutor for the unlawful conversion of military property.

## History

Ga. L. 1916, p. 158, § 3; Code 1933, §§ 86-1105, 86-9904; Ga. L. 1951, p. 311, § 52; Ga. L. 1955, p. 10, §§ 82, 107; Ga. L. 1980, p. 589, § 1; Ga. L. 1996, p. 748, § 19.

## Cross References

Theft by conversion generally, § 16-8-4.

## Editor's Notes

Ga. L. 1996, p. 748, § 27, not codified by the General Assembly, provides: ‘‘Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the Eastern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law.’’

Ga. L. 1996, p. 748, § 28, not codified by the General Assembly, provides: ‘‘The provisions of this Act shall not affect the powers, duties, or responsibilities of the district attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1.’’

Ga. L. 1996, p. 748, § 29, not codified by the General Assembly, provides: ‘‘Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in general law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court.’’

Ga. L. 1996, p. 748, § 30, not codified by the General Assembly, provides: ‘‘The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general.’’