§ 106-51. Theft by shoplifting.

(a)

Generally. It shall be unlawful for any person to commit the offense of theft by shoplifting within the corporate limits of the city when the property which is the subject of the theft is $100.00 or less in value.

(b)

Defined. A person commits the offense of theft by shoplifting when alone or in concert with another person, with the intent of appropriating merchandise to such person's own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:

(1)

Conceals or takes possession of the goods or merchandise of any store or retail establishment;

(2)

Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;

(3)

Transfers the goods or merchandise of any store or retail establishment from one container to another;

(4)

Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or

(5)

Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.

(c)

Violation. Any person found guilty of violating this section shall be subject to the following penalties:

(1)

First offense. A fine of not more than $250.00 or imprisonment in the city jail or stockade for not more than 30 days, or both.

(2)

Second offense. A fine of not less than $250.00 or imprisonment in the city jail or stockade for not less than 30 days, or both.

(3)

Third or subsequent offense. Any person charged with a third or subsequent offense under this section shall be punished as provided in O.C.G.A. § 16-8-14 in the court having jurisdiction in the county in which the alleged offense occurred.

Any defendant charged under this section shall be entitled upon request to have the case against such person transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.

(Code 1977, § 17-11009)

State law reference

Theft by shoplifting, O.C.G.A. § 16-8-14.