When is a riding lawn mower simply a machine that cuts grass, and when is it a motor vehicle that moves people and things?
The answer doesn't really matter, unless you've stolen one. But if you ripped off a red Toro riding mower from the Home Depot, and the police charged you with auto theft, you might care enough to argue the question all the way to the Supreme Court.
Which is why the Georgia Supreme Court found itself on Monday hearing oral arguments on whether a lawn tractor is also a road vehicle.
At issue is the severity of the charge against Franklin L. Harris. He argues that the Toro he stole is a lawn mower (a theft by taking charge) and not a motor vehicle (a felony auto theft charge).
Harris was sentenced to 10 years at trial.
In denying Harris' appeal, the state Court of Appeals conceded that it could find no record of any court tackling the legal definition of a lawn mower. But the court cited several cases that it found closely related, including Browning v. the State, which defines a motor vehicle as "every vehicle which is self-propelled other than an electric personal assistive mobility device."
Harris' attorney, Michael McCarthy, argued that Harris should not be punished as if he'd stolen a car. He also pointed out that the Legislature has not passed any laws classifying a mower as a motor vehicle. Scott Helton, an assistant district attorney for Whitfield County, however, contends the machine is a vehicle under state law because it is "self-propelled" and can be used to transport, much as a tractor using a hitch. According to court documents, Harris stole the mower from the Home Depot in Dalton in 2006; he loaded it into a Ford Aerostar van and then drove away, later selling it to a buyer in Athens, Tenn.
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