Theft by Taking vs. Theft by Deception: How Georgia Differentiates the Charges

Apr 23, 2026,

If you have been charged with theft or property crime in Georgia, the charges can be confusing. This is especially the case when two people do similar actions but face different charges. In Georgia, one can be charged with theft by taking and theft by deception. Both of these charges involve unlawfully obtaining someone else’s property. However, they are different charges. Here is what you need to know about the differences between these charges and what that means for those facing theft allegations in Georgia.

Theft in Georgia 

Theft is the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it. It can involve physically taking an item, withholding property that belongs to another, or unlawfully using something without permission. Theft applies to money, personal belongings, and other valuable property. Depending on the value of the property and the circumstances, theft may be charged as a misdemeanor or a felony. 

In Georgia, there are many different theft charges that a defendant can face. In Georgia, a person may face misdemeanor theft by shoplifting when the value of the stolen goods is $500 or less, which can still result in fines, probation, or jail time. Misdemeanor theft by taking applies when someone unlawfully takes property valued at $1,500 or less. If the value of shoplifted merchandise exceeds $500, the charge may become felony theft by shoplifting, which carries much harsher penalties. Felony theft by taking applies when the stolen property is worth more than $1,500 and can involve serious prison exposure. Georgia also recognizes other felony theft offenses such as theft by deception, theft by conversion, theft of services, and theft by receiving stolen property. In more severe cases, theft by extortion may be charged when property is obtained through threats or intimidation.

Difference of Theft By Deception and Theft By Taking According to Georgia Law 

Theft offenses in Georgia can be charged in different ways depending on how the property was obtained. Two commonly confused charges are theft by taking and theft by deception. Understanding the difference between these offenses is important because each involves different actions and legal elements under Georgia law.

Theft By Deception 

According to O.C.G.A. § 16-8-3, the crime of theft by deception happens when someone obtains property by using dishonest or misleading methods with the intent to take it from the rightful owner. A person is found to be deceiving if they knowingly create or support a false belief about a fact, fail to correct a false impression they previously caused, or hide important information that affects someone’s decision about the property. It also includes situations where someone sells or transfers property without disclosing known legal issues, such as liens or claims, or promises to provide services without any intention of actually doing so. However, not every false statement qualifies. Minor exaggerations or claims that would not reasonably mislead an ordinary person are not considered deception under the law.

An example of theft by deception is if someone sells a used car to a buyer and claims to own it outright. However, they make this statement while knowing that the car is still under a lender’s lien. This is deceptive because the person knew they did not own it outright, and that fact could affect the other person’s decision to buy the car.

There can be some gray areas. For instance, if a pizzeria owner declares that the pizza is incredible, even though they know it is mediocre or not the best, one could argue that there is deception if the customer relies on the statement when buying the food. However, such statements are often characterized as exaggeration rather than deception.

Theft By Taking 

Under O.C.G.A. § 16-8-2, the offense of theft by taking occurs when a person unlawfully takes another person’s property or, after lawfully obtaining possession, unlawfully keeps or uses it with the intent to deprive the rightful owner. It does not matter how the property is taken or converted. What matters is that the person intended to permanently deprive the owner of their property.

An example of theft by taking would be a person walking into a store, trying on a shirt, removing the tags, and leaving the store without paying for it. Because the person knows they do not own the shirt until they pay for it and intends to keep it without paying the owner, this person has committed theft by taking.

However, if a person discovers, when they get home, that their child, unbeknownst to them, placed a toy in their purse at the store, this would not be theft by taking. In this case, the adult did not intend to steal or permanently keep the toy. 

Defenses

A criminal defense attorney will assert defenses on behalf of the defendant, regardless of what sort of theft charge they are facing. Here are some of the possible defenses:

Possible Defenses to Theft By Deception

Some possible defenses to theft by deception include:

  • Lack of intent: The accused did not intentionally deceive or defraud anyone
  • Misunderstanding or dispute: The issue may be a civil disagreement or a contract issue
  • No reliance: The alleged victim did not rely on any false statement when transferring property

Possible Defenses to Theft By Taking

Some possible defenses to theft by taking include:

  • Accident or misunderstanding
  • Consent from the owner to take or use the property
  • Mistaken identity
  • Property ownership or possession is legitimately disputed

Contact a Criminal Defense Attorney

Whether you have been charged with theft by deception or theft by taking, the consequences can be serious. If you are facing either charge, it is important to contact a criminal defense attorney as soon as possible, as it can make a significant difference in the outcome of your case.

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