---
title: O.C.G.A. § 16-8-23. Prohibited uses of fifth wheel.
collection: code
id: 16-8-23
cite_as: O.C.G.A. § 16-8-23 (2025)
canonical_url: https://georgiacommons.org/code/16-8-23
md_url: https://georgiacommons.org/code/16-8-23.md
text_url: https://georgiacommons.org/code/16-8-23/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch7-11-(v14a)-2018-pdf.pdf?sfvrsn=aecbfe9c_0#page=320
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-8.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / OFFENSES INVOLVING THEFT / THEFT
---

# O.C.G.A. § 16-8-23. Prohibited uses of fifth wheel.

(a) For the purposes of this Code section, the term ‘‘fifth wheel’’ means a device mounted on a truck tractor or similar towing vehicle, including, but not limited to, a converter dolly, which interfaces with and couples to the upper coupler assembly of a semitrailer.

(b) It shall be unlawful for any person to modify, alter, attempt to alter, and, if altered, sell, possess, offer for sale, move, or cause to be moved on the highways of this state a device known as a fifth wheel or the antitheft locking device attached to the fifth wheel with the intent to use the fifth wheel to commit or attempt to commit cargo theft as defined in Code Section 16-8-22.

(c) A person convicted of a violation of this Code section shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $10,000.00 nor more than $100,000.00, or both.

## History

Code 1981, § 16-8-23, enacted by Ga. L. 2014, p. 195, § 1/HB 749.

## Editor's Notes

Ga. L. 2014, p. 195, § 3/HB 749, not codified by the General Assembly, provides: ‘‘This Act shall become effective on July 1, 2014, and shall apply to all offenses committed on or after such date. The enactment of Code Sections 16-8-22 and 16-8-23 shall not affect any prosecutions for acts occurring before the effective date of Code Sections 16-8-22 and 16-8-23 and shall not act as an abatement of any such prosecutions.’’