2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 9 - Forgery and Fraudulent Practices
Article 7 - Motor Vehicle Sales and Transfers
§ 16-9-111. Importation, Manufacture, Selling, Offering for Sale, Installation, or Reinstallation of Counterfeit, Nonfunctional, and Such Other Types of Air Bags

1. As used in this Code section, the term:
   1. "Air bag" means a device that is part of a motor vehicle inflatable occupant restraint system, and all component parts, that operate in the event of a collision and is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems.
   2. "Counterfeit air bag" means a replacement device that is part of a motor vehicle inflatable occupant restraint system, and any replacement component parts, that are intended to operate in the event of a collision, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems that bear, without authorization, a mark identical or substantially similar to the genuine mark of the manufacturer for the specific motor vehicle or a supplier of parts to the manufacturer of the specific motor vehicle.
   3. "Nonfunctional air bag" means a replacement device that is part of a motor vehicle inflatable occupant restraint system, and any replacement component parts, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems that:
      1. Has been deployed or damaged;
      2. Has an electric fault that is detected by the vehicle's diagnostic system after the installation procedure is completed; or
      3. Includes any object, including, but not limited to, a counterfeit air bag or repaired air bag, air bag component, or other component intended to deceive a vehicle owner or operator into believing that it is a functional air bag.
2. A person shall not knowingly and intentionally:
   1. Import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle a counterfeit air bag, nonfunctional air bag, or other device intended to replace a motor vehicle inflatable occupant restraint system, or any component parts, that are intended to operate in the event of a collision, including, but not limited to, the cushion material, cover, sensors, controllers, inflators, wiring, and seat belt systems, that such person knows was not designed to comply with federal motor vehicle safety standards for the specific make, model, and year of such motor vehicle; or
   2. Sell, offer for sale, install, or reinstall in a motor vehicle any device that causes such motor vehicle's diagnostic system to inaccurately indicate that such motor vehicle is equipped with a properly functioning air bag.
3. Any person who is convicted of violating this Code section shall be guilty of and punished as for a misdemeanor of a high and aggravated nature.

(Code 1981, §16-9-111, enacted by Ga. L. 2002, p. 629, § 1; Ga. L. 2017, p. 717, § 1/HB 320.)

The 2017 amendment, effective July 1, 2017, added subsections (a) and (b); designated the existing provisions of this Code section as subsection (c); and substituted the present provisions of subsection (c) for the former provisions, which read: "Any person who knowingly installs or reinstalls any object in lieu of and other than an air bag which was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system shall be guilty of a misdemeanor of a high and aggravated nature.".

- For note on the 2002 enactment of this Code section, see 19 Ga. St. U.L. Rev. 101 (2002).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising under O.C.G.A. § 16-9-111 require fingerprinting. 2002 Op. Att'y Gen. No. 2002-7.

ARTICLE 8 IDENTITY FRAUD

Cross references.

- Identity theft, T. 10, C. 1, A. 34.

- Ga. L. 1998, p. 865, § 1, not codified by the General Assembly, provides that this article may be cited as the "Personal Financial Security Act."

JUDICIAL DECISIONS

Construction with Financial Identity Fraud Act.

- Immunity under O.C.G.A. § 16-9-20(h)(1) of the Financial Identity Fraud Act applies only to suits by those who "made, drew, uttered, executed, or delivered such instrument," and not to persons who were the victims of "financial identity fraud." Nicholl v. Great Atl. & Pac. Tea Co., 238 Ga. App. 30, 517 S.E.2d 561 (1999).

Identity Theft and Other Misuses of Credit and Debit Cards, 81 POF3d 113.