What is defined as theft by taking?

The definition of theft by taking specifically involves the act of taking property with the intent to deprive the owner of it. This concept is rooted in the idea that theft is not merely about the physical act of taking but also about the intention behind that action. In Georgia, theft by taking occurs when an individual unlawfully takes or appropriates someone else's property with the clear intent to permanently deny the owner possession or use of that property.

This definition highlights the importance of both the action (taking the property) and the mental state (the intent to deprive) that characterizes theft by taking. It distinguishes this type of theft from other forms, such as theft by deception or receiving stolen property, which involve different actions and intentions. The other options relate to different criminal offenses: obtaining property through deceitful means describes fraud, receiving stolen property focuses on possession post-theft, and taking property from a retailer without paying typically refers to shoplifting, which may involve specific legal considerations distinct from theft by taking.