Section 16-8-10 - Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-9It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-9 that the person:
(1) Was unaware that the property or service was that of another;(2) Acted under an honest claim of right to the property or service involved;(3) Acted under a right to acquire or dispose of the property as he or she did; provided, however, that the use of a power of attorney as provided in Chapter 6B of Title 10 shall not, in and of itself, absolve a person from criminal responsibility; or(4) Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.Amended by 2017 Ga. Laws 186,§ 3-2, eff. 7/1/2017.