Laws and Statutes
OFFICIAL CODE OF GEORGIA ANNOTATED
TITLE 16-Crimes and Offenses (Chs. 1 – 17)
CHAPTER 10-Offenses Against Public Administration (Arts. 1 – 5)
Article 2-Obstruction of Public Administration and Related Offenses (§§16-10-20 to 16-10-34)
§16-10-21. Conspiracy to defraud state or political subdivision.
(a) A person commits the offense of conspiracy to defraud the state when he conspires or agrees with another to commit theft of any property which belongs to the state or to any agency thereof or which is under the control or possession of a state officer or employee in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of the offense of conspiracy to defraud the state shall be punished by imprisonment for not less than one nor more than five years.
(b) A person commits the offense of conspiracy to defraud a political subdivision when he conspires or agrees with another to commit theft of any property which belongs to a political subdivision or to any agency thereof or which is under the control or possession of an officer or employee of a political subdivision in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of the offense of conspiracy to defraud a political subdivision shall be punished by imprisonment for not less than one nor more than five years.
Annotations
Employee’s services can be subject of criminal conspiracy to defraud state of property which belongs to it or is under the control or possession of a state officer or employee. Brown v. State, 177 Ga. App. 284, 339 S.E.2d 332, 1985 Ga. App. LEXIS2948 (1985).
Necessary allegations in indictment for violation of section. —
Indictment charging conspiracy to cheat or defraud state of property must contain definite allegations as to who were parties to such conspiracy, how and in what manner they designed to cheat or defraud the state, and exactly what property they conspired to unlawfully defraud from the state. Wright v. State, 216 Ga. 228, 115 S.E.2d 331,1960 Ga. LEXIS 434 (1960); Young v. State, 205 Ga. App. 357, 422 S.E.2d 244, 1992Ga. App. LEXIS 1158 (1992).
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