2025 Georgia Codes – Page 89

(a) For purposes of this Code section, the term “vehicle” includes, without limitation, any railcar.
(b) Notwithstanding any provision of this article to the contrary, a person commits the offense of cargo theft
when he or she unlawfully takes or, being in lawful possession thereof, unlawfully appropriates:
(1) Any vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including, with-
out limitation, any trailer, semitrailer, container, or other associated equipment, or the cargo being trans-
ported therein or thereon, which is the property of another with the intention of depriving such other person
of the property, regardless of the manner in which the property is taken or appropriated; or
(2) Any trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or
thereon, which is deployed by or used by a law enforcement agency, which is the property of another with
the intention of depriving such other person of the property, regardless of the manner in which the property
is taken or appropriated.
(c) The value of a vehicle engaged in commercial transportation of cargo and any appurtenance thereto and
the cargo being transported which is taken or unlawfully appropriated shall be based on the fair market value
of such vehicle, appurtenances, and cargo taken or unlawfully appropriated.
(d)(1) If the property taken is one or more controlled substances as defined in Code Section 16-13-21 with
a collective value of less than $10,000.00, 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.
(2) If the property taken is one or more controlled substances as defined in Code Section 16-13-21 with a
collective value of at least $10,000.00 but less than $1 million, a person convicted of a violation of this
Code section shall be punished by imprisonment for not less than five nor more than 25 years, a fine of not
less than $50,000.00 nor more than $1 million, or both.
(3) If the property taken is one or more controlled substances as defined in Code Section 16-13-21 with a
collective value of $1 million or more, a person convicted of a violation of this Code section shall be pun-
ished by imprisonment for not less than ten nor more than 30 years, a fine of not less than $100,000.00 nor
more than $1 million, or both.
(e)(1) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collec-
tive value of $1,500.00 or less, a person convicted of a violation of this Code section shall be punished as
for a misdemeanor.
(2) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collective
value of more than $1,500.00 but less than $10,000.00, a person convicted of a violation of this Code sec-
tion 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.
(3) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collective
value of at least $10,000.00 but less than $1 million, a person convicted of a violation of this Code sec-
tion shall be punished by imprisonment for not less than five nor more than 20 years, a fine of not less than
$50,000.00 nor more than $1 million, or both.
(4) Except as otherwise provided in subsection (d) of this Code section, if the property taken has a collec-
tive value of $1 million or more, a person convicted of a violation of this Code section shall be punished
by imprisonment for not less than ten nor more than 20 years, a fine of not less than $100,000.00 nor more
than $1 million, or both.
(f) Notwithstanding subsections (d) and (e) of this Code section, if the property taken is a trailer, semi-
trailer, container, or other associated equipment, or the cargo being transported therein or thereon, which is
deployed by or used by a law enforcement agency, regardless of its value, 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.
(g) A person convicted of a violation of this Code section may also be punished by, if applicable, the revoca-
tion of the defendant’s commercial driver’s license in accordance with Code Section 40-5-151.

(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 anti-
theft 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.