Secondary Metals Recycler Registration
This code section explains the following:
- First Offense - Misdemeanor
- Second Offense - Misdemeanor of a high and aggravated nature.
- Third and future offenses - Felony calling for imprisonment between 1-10 years.
- Penalty for violations applies to anyone buying or selling.
- Anyone who buys or sells in violation shall be civilly liable for full value of the metal property, any repair and related expenses, and court costs and attorney fees.
O.G.G.A. 10-1-361(a) Except as provided for in subsection (d) of O.C.G.A. 10-1-360, any person who buys or sells regulated metal property in violation of any provision of this article:
(1) For a first offense, shall be guilty of a misdemeanor;
(2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and
(3) For a third or subsequent offense, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
(b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorney's fees.