Georgia -- Age of Consent
| [EDITOR: We expressed disbelief at this law in the past and
received many emails telling us that even though the law was in place, it was not used --
and never would be used. Our argument was that this was another one of those
"problems" that could surface when you least expect it. In other words,
the age of consent in Georgia doesn't matter -- it only matters if you are married or not.
And now we have case law to show what can happen. Have you ever noticed that legislators never remove bad laws -- they just stay on the books.
|
16-6-18. Fornication.An unmarried person commits the offense of fornication when he voluntarily has sexual
intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor. |
| Ga. high court to hear fornication law challenge Law banning sex between unmarried adults unfair to gays, lawyer says By LAURA DOUGLAS-BROWN Attorneys hope a legal case involving two heterosexual teens caught in a sexual act by one of their mothers will end up overturning a Georgia law that makes all sexual relationships between unmarried people -- including all gay sex -- illegal. The Georgia Supreme Court should strike down the state’s ban on fornication, the law used to convict the Clayton County teen, the ACLU of Georgia argued in an appeal filed June 25. According to Georgia Code 16-6-18, "an unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor." The law effectively bans all sexual acts outside of heterosexual marriage, leaving gays with no way to legally consummate their relationships, according to Beth Littrell, the ACLU’s lead attorney on the case. "On its face, the law only differentiates between married and unmarried persons," Littrell said. "But since the Georgia legislature passed [a law banning gay marriage] … then if this law stands, gay people can never legally express their intimacy in a sexual act." While heterosexual couples can marry to have sex without breaking the law, gays would have to remain "permanent virgins," Littrell said. Still, the case the ACLU is using to challenge the law involves an opposite-sex couple. J.M., 17, identified only by his initials in court records, was convicted of fornication on March 15 in Fayette County Juvenile Court. The young man and his girlfriend, J.D., both 16 at the time, were caught by the girl’s mother engaging in a sexual act in the girl’s bedroom on Sept. 16, 2001, according to court documents. The girl’s probation officer filed charges against J.M., although the girl’s mother did not ask for it, the ACLU said in its brief challenging the law. Fayette County District Attorney William McBroom, whose office prosecuted the teen, did not respond to an interview request. Because both teens had reached age 16, the legal age of consent, and were not engaging in sex in a public place, the right to privacy that the Georgia Supreme Court used to overturn the state sodomy law should apply here, the ACLU argued. In a landmark 1998 decision, the high court ruled that the ban on sodomy -- defined as oral or anal sex acts -- conflicts with the right to privacy guaranteed by the Georgia Constitution. "We cannot think of any other activity that reasonable persons would rank as more private and more deserving of protection from governmental interference than consensual, private, adult sexual activity," wrote Chief Justice Robert Benham in the decision, approved by a 6-1 majority. Like the fornication law, the sodomy law applied to both heterosexuals and homosexuals, but it was disproportionately used to brand gays as "criminals" and justify discrimination in areas such as employment, child custody and visitation. While the fornication law does not have the same symbolic value to many gays as the sodomy law, it also holds the potential for unfair enforcement, Littrell said. "I’m not aware of those kinds of cases at this time, but in a conservative county, now that the sodomy law has been overturned, it wouldn’t be surprising if gay people became frequent targets of the enforcement of the fornication statute," she said. The state Attorney General’s office helped defend the sodomy statute, filing a friend-of-the-court brief arguing that "to legitimize sodomy as a constitutionally protected activity ‘would be to cast aside millennia of moral teaching.’" The state office is not currently involved in the case over the fornication law, which is being handled by the Fayette district attorney, according to Russell Willard, spokesperson for the attorney general. The Georgia Supreme Court has agreed to review J.M.’s case, but it could be "a number of months" before an actual hearing, Littrell said. "The other side gets 20 days to file a response to our brief, then we get 15 days
to answer, and the we wait for the Supreme Court to put it on the calendar for oral
arguments," she said. This article appeared in the issue of: (source: http://www.southernvoice.com/atlanta/020705b.php3?pub=atl) |
[EDITOR'S NOTE: We are amazed at the number of emails that claim our site is "wrong" but can't provide documentation or proof to support their own position -- nor proof to counteract OUR proof. But we still list it ...]
Sunday, September 3, 2000 VIA EMAIL:
Your information is flawed for the state of Georgia on the age of consent. You received an
email previosly from another gentleman stating your error. Now I am stating another. The
ruling he gave in the Powell Case updated the laws on Age of Consent in Georgia to 17
years of age, after the trial concluded in 1999. Your documentation comes from a law book
that is out dated by 2 years. You need to check a yearly law book on the changes. I myself
have question a lawyer as well as to officers of the law and they stated, in concurrence,
that the Age of Consent is, in the state of Georgia, 17 years of age. Please
review and correct your errors. Forgive the "Bluntness", but this
time you are wrong.
EDITOR: AGAIN - *YOU* find the statute and prove it to us. We searched AGAIN and found a new source which continues to prove our position. We don't mind being corrected -- but do it with proof. And since we had a few extra minutes, we also reviewed the powell case - at the end of this page.
16-6-3 G *** CODE SECTION *** 10/15/99
16-6-3.
(a) A person commits the offense of statutory rape when he or she engages in sexual
intercourse with any person under the age of 16 years and not his or her spouse, provided
that no conviction shall be had for this offense on the unsupported testimony of the
victim.
Source:
http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/6/3&highlight=statutory|rape
Source: http://www.legalethics.com/intra.law?law=State+Statutes
Source: http://www.prairienet.org/~scruffy/f.htm
Source: http://www.ganet.org/cycc/ssr.html
Source: http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/6/3
posted through the 2001 legislature
Added 07-2002:
i saw this little interchange about what the age of consent is in georgia. i'm a
lawyer, and i've done the research.
it used to be 14 - now it's 16 - the legislature changed it maybe 7 years ago
prior to state v. powell, so-called "sodomy" was illegal in georgia - the
so-called "sodomy" law (upheld by the u.s. sup. ct. in bowers v. hardwick as not
being violative of the u.s. constitution), was declared unconstitutional by the ga. sup.
ct. in 1999 as being violative of the georgia state constitution
in state v. powell, the actors were a 24-year-old male and a 17-year-old female - i'm
guessing your correspondent (and, perhaps, some georgia law officers) think the ga. sup.
ct. changed the law to make the age of consent 17 instead of 16 - in fact, that is not
what happened - the decision in state v. powell would have been the same had the girl been
16 instead of 17 - the decision in state v. powell did NOT change the age of consent to
17, it invalidated the "sodomy" law - any suggestion to the contrary is, i
think, a faulty interpretation of that decision of the ga. sup. ct.
good luck
Added March 2002
Your entry for Georgia states 16 as the age for male-male and female-female
sex despite the fact that, even according to the copy of the law code on your own page,
both kinds of sex are outright illegal; please see the section on "sodomy"
which pretty well outlaws all possible forms of same-sex intercourse. Not to mention
much het activity as well.
[EDITOR'S NOTE - Friday, August 25, 2000: We received the following article entitled "Woman Arrested for having a baby by 13-year old Husband", involving a 21-year-old woman married to a 13-year-old boy. It is amazing that we waste valuable tax dollars on this type of garbage.]
Woman arrested for having a baby by 13-year-old husband
Wednesday, August 23, 2000 Breaking News Sections
CONYERS, Ga. -- A 21-year-old woman was charged with statutory rape after she gave birth
to a child fathered by her then-13-year-old husband.
Summer Jessica Strickland of Conyers was arrested last week. According to Newton County
records,
she married her boyfriend, now 14, on Aug. 7, five weeks after the baby was born.
The case presents a kind of legal paradox. Although the couple was allowed under Georgia
law to marry
because they are parents, it was illegal for them to have sex before marriage.
Georgia law describes statutory rape as ``sexual intercourse with any person under
the age of 16 and
not his or her spouse.'' The maximum sentence is 20 years in prison.
Authorities are basing Strickland's charges on an Oct. 10 sexual encounter that led to her
daughter's
July 4 birth. District Attorney Richard Read said marriage doesn't make any previous
sexual encounters legal.
``Regardless of what their relationship was, the boy is still 13,'' he said. ``We'll try
to determine what
exactly happened.''
Strickland, who is out of jail on bond and at home with the baby girl, said Tuesday the
arrest shocked
her family. ``He's my husband,'' she said. ``I just don't understand.''
Source: http//www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2000/08/23/national0633EDT0482.DTL
[EDITOR: We will not be changing our chart until we obtain VERIFICATION of this information. Our chart would be virtually useless if we relied only on emails such as this one for changes. We will indicate a question on the chart and as soon as we obtain PROOF, the chart will be updated. Thank you for your emails]
From: Dckdrgsflo@aol.com
Received: from Dckdrgsflo@aol.com
Subject: Incorrect information, USA, State of GA
You have the age of consent in the state of GA listed as 16. That was correct until
an amendment to the law a couple of years ago that changed the age of consent to 17. I
don't have the citation to the GA statute, but I can refer you to the Powell case (GA
Supreme Court, November 1998) that overturned Georgia sodomy law. The female
involved in that case was 17 at the time of the event that led to the case, and the fact
that she was just above the age of consent, having just turned 17, was the pivotal issue
in the case. I see on the chart that the information is listed in bold red type, as having
been confirmed. I spoke with one of the attorneys involved in the Powell case
this week and confirmed with him that the age of consent in the state of Georgia is now
17. Please update the chart.
[EDITOR: On 7/23/00, we received the same email but with the following proof link added. We have reviewed the link and still stand by our statement that the age of consent is 16.]
"Proof visit:"
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/6/3
Georgia Senate
SB 57 - Statutory Rape - raise age of consent to 16
First Reader Summary
A bill to amend Code Section 16-6-3 of the Official Code of Georgia Annotated, relating to statutory rape, so as to raise the age of consent from 14 years of age to 16 years of age.
Actions Taken
SENATE HOUSE
-------------------------------------
1/12/95 Read 1st time
2/1/95 Favorably Reported
Sub Committee Amend/Sub
2/2/95 Read 2nd Time
2/3/95* Read 3rd Time
*2/3/95 Tabled.
Code Sections
Code Sections amended: 16-6-3
16-6-3 G
*** CODE SECTION *** 08/08/97
16-6-3.
(a) A person commits the offense of statutory rape when he or she
engages in sexual intercourse with any person under the age of 16
years and not his or her spouse, provided that no conviction shall
be had for this offense on the unsupported testimony of the victim.
(b) A person convicted of the offense of statutory rape shall be
punished by imprisonment for not less than one nor more than 20
years; provided, however, that if the person so convicted is 21
years of age or older, such person shall be punished by imprisonment
for not less than ten nor more than 20 years; provided, further,
that if the victim is 14 or 15 years of age and the person so
convicted is no more than three years older than the victim, such
person shall be guilty of a misdemeanor.
16-6-4 G
*** CODE SECTION *** 08/08/97
16-6-4.
(a) A person commits the offense of child molestation when he or she
does any immoral or indecent act to or in the presence of or with
any child under the age of 16 years with the intent to arouse or
satisfy the sexual desires of either the child or the person.
(b) A person convicted of a first offense of child molestation shall
be punished by imprisonment for not less than five nor more than 20
years. Upon such first conviction of the offense of child
molestation, the judge may probate the sentence; and such probation
may be upon the special condition that the defendant undergo a
mandatory period of counseling administered by a licensed
psychiatrist or a licensed psychologist. However, if the judge
finds that such probation should not be imposed, he or she shall
sentence the defendant to imprisonment; provided, further, that upon
a defendant's being incarcerated on a conviction for such first
offense, the Department of Corrections shall provide counseling to
such defendant. Upon a second or subsequent conviction of an
offense of child molestation, the defendant shall be punished by
imprisonment for not less than ten years nor more than 30 years or
by imprisonment for life; provided, however, that prior to trial, a
defendant shall be given notice, in writing, that the state intends
to seek a punishment of life imprisonment. Adjudication of guilt or
imposition of sentence for a conviction of a second or subsequent
offense of child molestation, including a plea of nolo contendere,
shall not be suspended, probated, deferred, or withheld.
(c) A person commits the offense of aggravated child molestation
when such person commits an offense of child molestation which act
physically injures the child or involves an act of sodomy.
(d)(1) A person convicted of the offense of aggravated child
molestation shall be punished by imprisonment for not less than
ten nor more than 30 years. Any person convicted under this Code
section of the offense of aggravated child molestation shall, in
addition, be subject to the sentencing and punishment provisions
of Code Sections 17-10-6.1 and 17-10-7.
(2) The court sentencing a person who has been convicted of a
first offense of aggravated child molestation when the victim is
16 years of age or younger at the time of the offense is
authorized to require, before sentencing, that the defendant
undergo a psychiatric evaluation to ascertain whether or not
medroxyprogesterone acetate chemical treatment or its equivalent
would be effective in changing the defendant's behavior. If it is
determined by a qualified mental health professional that such
treatment would be effective, the court may require, as a
condition of probation and upon provisions arranged between the
court and the defendant, the defendant to undergo
medroxyprogesterone acetate treatment or its chemical equivalent
which must be coupled with treatment by a qualified mental health
professional. In case of a person sentenced to probation who is
required to undergo such treatment or its chemical equivalent and
is in the custody of a law enforcement agency or confined in a
jail at the time of sentencing, when he or she becomes eligible
for probation, such person shall begin medroxyprogesterone acetate
treatment and counseling prior to his or her release from custody
or confinement. A person sentenced to probation who is required
to undergo such treatment and who is not in the custody of a law
enforcement agency or confined in a jail at the time of sentencing
shall be taken into custody or confined until treatment can begin.
Additional treatment may continue after such defendant's release
from custody or confinement until the defendant demonstrates to
the court that such treatment is no longer necessary. No such
treatment shall be administered until such person has been fully
informed of the side effects of hormonal chemical treatment and
has consented to the treatment in writing. The administration of
the treatment shall conform to the procedures and conditions set
out in subsection (c) of Code Section 42-9-44.2.
(3) Any physician or qualified mental health professional who acts
in good faith in compliance with the provisions of this Code
section and subsection (c) of Code Section 42-9-44.2 in the
administration of treatment or provision of counseling provided
for in this Code section shall be immune from civil or criminal
liability for his or her actions in connection with such treatment
or counseling.
16-6-18 G
*** CODE SECTION *** 08/08/97
16-6-18.
An unmarried person commits the offense of fornication when he
voluntarily has sexual intercourse with another person and, upon
conviction thereof, shall be punished as for a misdemeanor.
To see Georgia's legal definition of an offense and the prescribed punishment, click on the name of the offense. Note that common terms you may think you are familiar with have very different legal definitions in different states. For example, rape is very narrowly defined in Georgia while sodomy includes both oral and anal sex and is a crime even when the participants are married to each other and both consent.
16-6-1. Rape
16-6-2. Sodomy
16-6-3. Statutory rape
16-6-4. Child molestation
16-6-5. Enticing a child for indecent purposes
16-6-5.1. Sexual assault against persons in custody
16-6-6. Bestiality
16-6-7. Necrophilia
16-6-8. Public indecency
16-6-9. Prostitution
16-6-10. Keeping a place of prostitution
16-6-11. Pimping
16-6-12. Pandering
16-6-14. Pandering by compulsion
16-6-15. Solicitation of sodomy
16-6-16. Masturbation for hire
16-6-17. Giving massages in place used for lewdness
16-6-18. Fornication
16-6-19. Adultery
16-6-20. Bigamy
16-6-21. Marrying a bigamist
16-6-22. Incest
16-6-22.1. Sexual battery
16-6-22.2. Aggravated sexual battery
16-6-23. Publication of the name or identity of female raped
16-12-80. Distributing obscene materials
16-6-1. Rape.
(a) A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
16-6-2. Sodomy; aggravated sodomy.
(a) A person commits the offense of sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he commits sodomy with force and against the will of the other person.
(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
16-6-3. Statutory rape.
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor.
16-6-4. Child molestation; aggravated child molestation.
(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b) A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
(d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
16-6-5. Enticing a child for indecent purposes.
(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
(b) A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one nor more than 20 years. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
16-6-5.1. Sexual assault against persons in custody; sexual assault against person detained or patient in hospital or other institution; sexual assault by practitioner of psychotherapy against patient.
(a) As used in this Code section, the term:
- "Actor" means a person accused of sexual assault.
- "Intimate parts" means the genital area, groin, inner thighs, buttocks, or breasts of a person.
- "Psychotherapy" means the professional treatment or counseling of a mental or emotional illness, symptom, or condition.
- "Sexual contact" means any contact for the purpose of sexual gratification of the actor with the intimate parts of a person not married to the actor.
(b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he engages in sexual contact with another person who is a a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years.
(c)
- A person commits sexual assault when such person has supervisory or disciplinary
authority over another person and such person engages in sexual contact with that other
person who is:
- In the custody of law; or
- Detained in or is a patient in a hospital or other institution.
- A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person.
- Consent of the victim shall not be a defense to a prosecution under this subsection.
- A person convicted of the offense of sexual assault under this subsection shall be punished by imprisonment for not less than one nor more than three years.
16-6-6. Bestiality.
(a) A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b)A person convicted of the offense of bestiality shall be punished by imprisonment for not less than one nor more than five years.
16-6-7. Necrophilia.
(a) A person commits the offense of necrophilia when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b) A person convicted of the offense of necrophilia shall be punished by imprisonment for not less than one nor more than ten years.
16-6-8. Public indecency.
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
- An act of sexual intercourse;
- A lewd exposure of the sexual organs;
- A lewd appearance in a state of partial or complete nudity; or
- A lewd caress or indecent fondling of the body of another person.
(b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor. except as provided in subsection (c) of this Code section.
(c) Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(d) For the purposes of this Code section only, "public place" shall include jails and penal and correctional institutions of the state and its political subdivisions.
(e) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
16-6-9. Prostitution.
A person commits the offense of prostitution when he performs or offers or consents to perform an act of sexual intercourse for money.
A person convicted of the offense of prostitution shall be punished as for a misdemeanor..
16-6-10. Keeping a place of prostitution.
A person having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution.
A person convicted of the offense of keeping a place of prostitution shall be punished as for a misdemeanor of a high and aggravated nature..
16-6-11. Pimping.
A person commits the offense of pimping when he performs any of the following acts:
- Offers or agrees to procure a prostitute for another;
- Offers or agrees to arrange a meeting of persons for the purpose of prostitution;
- Directs another to a place knowing such direction is for the purpose of prostitution;
- Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
- Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis.
A person convicted of the offense of pimping shall be punished as for a misdemeanor of a high and aggravated nature.
16-6-12. Pandering.
A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.
A person convicted of the offense of pandering shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contendere shall not be suspended, probated, deferred, or withheld.
16-6-12. Pandering by compulsion.
A person commits the offense of pandering by compulsion when he by duress or coercion causes a female to perform an act of prostitution and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
16-6-15. Solicitation of sodomy.
(a) A person commits the offense of solicitation of sodomy when he solicits another to perform or submit to an act of sodomy. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy shall be punished as for a misdemeanor.
(b) A person convicted of solicitation of sodomy when such offense involves the solicitation of a person under the age of 17 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned.
16-6-16. Masturbation for hire.
(a) A person, including a masseur or masseuse, commits the offense of masturbation for hire when he erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof.
(b) A person convicted of the offense of masturbation for hire shall be guilty of a misdemeanor.
16-6-17. Giving massages in place used for lewdness, prostitution, assignation, or masturbation for hire.
(a) It shall be unlawful for any masseur or masseuse to massage any person in any building, structure, or place used for the purpose of lewdness, assignation, prostitution, or masturbation for hire.
(b) As used in this Code section, the term:
- "Masseur" means a male who practices massage or physiotherapy, or both.
- "Masseuse" means a female who practices massage or physiotherapy, or both.
(c) A person who violates this Code section shall be guilty of a misdemeanor.
16-6-18. Fornication.
An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor.
16-6-19. Adultery.
A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.
16-6-20. Bigamy.
(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.
16-6-21. Marrying a bigamist.
(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.
(b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.
(c) A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.
16-6-22. Incest.
(a) A person commits the offense of incest when he engages in sexual intercourse with a person to whom he knows he is related either by blood or by marriage as follows:
- Father and daughter or stepdaughter;
- Mother and son or stepson;
- Brother and sister or the whole blood or of the half blood;
- Grandparent and grandchild;
- Aunt and nephew; or
- Uncle and niece.
(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one nor more than 20 years.
16-6-22.1. Sexual battery.
(a) For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
(c) A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
16-6-22.2. Aggravated sexual battery.
(a) For the purposes of this Code section, the term "foreign object" means any article or instrument other than the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than one nor more than 20 years.
16-6-23. Publication of the name or identity of female raped or assaulted with intent to commit rape.
(a) It shall be unlawful for any news media or any other person to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed or published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this state or through any radio or television broadcast originating in the state the name or identity of any female who may have been raped or upon whom an assault with intent to commit the offense of rape may have been made.
(b) This Code section does not apply to truthful information disclosed in public court documents open to public inspection.
(c) Any person or corporation violating this Code section shall be guilty of a misdemeanor.
16-6-24. Nothing contained in this chapter shall prevent any county or municipality from adopting ordinances which proscribe loitering or related activities in public for the purpose of procuring others to engage in any sexual acts for hire.
16-12-80. Distributing obscene materials; obscene material defined; penalty.
A person commits the offense of distribution obscene materials when he sells, lens, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so, provided that the word "knowing," as used in this Code section, shall be deemed to be either actual or constructive knowledge of the obscene contents of the subject matter; and a person has constructive knowledge of the obscene contents if he has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material; provided, however, that the character and reputation of the individual charged with an offense under this law, and, if a commercial dissemination of obscene material is involved, the character and reputation of the business establishment involved may be placed into evidence by the defendant on the question of intent to violate this law. Undeveloped photographs, molds, printing plates, and the like shall be deemed obscene notwithstanding that the processing or other acts may be required to make the obscenity patent or to disseminate it.
Material is obscene if:
- To the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion;
- The material taken as a whole lacks serious literary, artistic, political, or scientific value; and
- The material depicts or describes, in a patently offensive way, sexual conduct
specifically defined in subparagraphs 1-5 of this section:
- Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
- Acts of masturbation;
- Acts involving excretory functions or lewd exhibition of the genitals;
- Acts of bestiality or the fondling of sex organs of animals; or
- Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
Additionally, any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material under this Code section.
Material not otherwise obscene may be obscene under this Code section if the distribution thereof, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal.
It is an affirmative defense under this Code section that dissemination of the material was restricted to:
- A person associated with an institution of higher learning, either as a member of the faculty or a matriculated student, teaching or pursuing a course of study related to such material; or
- A person whose receipt of such material was authorized in writing by a licensed medical practitioner or psychiatrist.
A person who commits the offense of distributing obscene material shall be guilty of a misdemeanor of a high and aggravated nature.
17-10-3. Punishment for misdemeanors generally.
Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished either:
- By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both; or
- By confinement under the jurisdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months.
Either the punishment provided by paragraph (1) or (2), but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation, but the punishment provided in paragraph (2) shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections.
Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed between the ages of 16 and 18 years old, shall be punished by a fine not to exceed $1,000.00 or confined exclusively under the jurisdiction of the Board of Corrections for a period not to exceed 12 months.
In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end at the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
- Reexamination by the Department of Public Safety when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;
- Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;
- Within the limits of authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment under such conditions and at such times as may be specified; or
- Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.
Any sentence imposed under the above section shall be reported to the Department of Public Safety as prescribed by law.
17-10-4. Punishment for misdemeanors of a high and aggravated nature.
A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence under this Code section be modified in such a manner as to place a county inmate under the jurisdiction of the Board of Corrections.
Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature shall be entitled to only four days per month earned time allowance.
The contents of this page are taken without permission from the Official Code of Georgia 1992 Edition, Title 16. Copyright 1926 through 1930, 1982, 1984, 1988, 1992 by the State of Georgia.
SUPREME COURT OF GEORGIA
OPINIONS PUBLISHED
July 16, 1997
- STATUTORY RAPE/CHILD MOLESTATION
beyond that necessary to carry out his criminal purpose."
STATUTORY RAPE/CHILD MOLESTATION
In an appeal from Hall County, the Georgia Supreme Court upheld Delma Cecil Phagan's conviction for the statutory rape of a 15-year-old, but reversed his convictions for aggravated child molestation and sexual exploitation of a child. Phagan v. State, No. S97A0161 (July 16, 1997).
Chief Justice Robert Benham, writing for the Supreme Court, found reversal of the molestation and exploitation convictions was necessary because they were based on videotaped evidence that was not properly authenticated before it was played to the jury.
"In light of this evidentiary deficiency, we must reverse appellant's conviction for aggravated child molestation because the erroneously admitted videotape contained the only evidence supporting the charge," Benham wrote. "Likewise, we are constrained to reverse the conviction for sexual exploitation of a child because we cannot say it is highly probable that the erroneous admission of the videotapes did not infect the jury's determination that the appellant knew the minor was under the age of 18."
Justice Carole W. Hunstein dissented from the portion of the opinion reversing the molestation and exploitation convictions, arguing that the tapes were probative and authentic evidence. "I cannot agree with the majority that the State must establish that tapes promulgated by a defendant and seized from the defendant's exclusive possession accurately depict scenes filmed by the defendant, when the State is able to establish conclusively that the videotapes were not altered or modified while in the state's possession," Hunstein wrote.
Justice Leah J. Sears wrote a separate concurring opinion calling on the legislature to amend the sexual exploitation of a child statute to eliminate the requirement that the state prove the defendant knowingly depicted a minor engaging in sexually explicit conduct. Sears argued that a defendant should be held strictly liable for such an act, as is the law for statutory rape.
"I believe that before loading film in the camera, one who would photograph or videotape another individual having sexual relations must be certain beyond any and all doubt that the individual being depicted is an adult. Barring such certainty, one should either refrain from taking the photographs, or else be prepared to pay dire consequences," Sears wrote. "While I do not question the constitutional associative and expressive rights of consenting adults, when the safety and well being of children is at stake, as was the case here, I cannot fathom how we can demand anything other than strict accountability on the part of the exploiting adult."
Justice George H. Carley, in a separate concurring opinion, said he agreed with the portion of the majority opinion rejecting Phagan's constitutional challenge to the change in the age of consent "to the extent that it concludes that there is no unconstitutional abridgement of appellant's right of privacy as a result of the state's proscription of certain private sexual conduct. As the United States Supreme Court has held, the right of privacy does not insulate 'any kind of private sexual conduct between consenting adults . . . from state proscription . . . ." Bowers v. Hardwick, 487 U. S. 186, 191 (106 SC 2841, 92 LE2d 140) (1986). Neither is there any violation of a state constitutional right because "[o]ur constitution does not deny the legislative branch the right to prohibit such conduct.' Christensen v. State, 266 Ga. 474, 476 (2) (a) (468 SE2d 188) (1996)."
Phagan, 46, was tried after the legislature amended statutory rape and aggravated child molestation laws to raise, effective July 1, 1995, the age of consent from 14 to 16. When the pair began their relationship in March or April of 1995, it did not violate the statutory rape or child molestation laws because both parties were over 14.
The Supreme Court rejected Phagan's argument that his participation in the sexual conduct before July 1 in effect "grandfathered" him into protection against an accusation of illegal conduct after July 1. The court also found that the changes in the laws did not violate Phagan's constitutional rights.
EMAIL RECEIVED:
Date: Wed, 25 Nov 1998 16:10:21 EST
From: MrTigger21@aol.com
The Georgia Supreme Court ruled against 165 year-old "Anti-Sodomy" laws, which makes any type of oral or anal sex illegal. Since it is no longer legal [sic - EDITOR: I believe the correct word would be "illegal" ] to have "gay sex", the legal age of consent would be 16 clear across the board.
SUPREME COURT OF GEORGIA OPINIONS PUBLISHED NOVEMBER 23, 1998
From: http://www.doas.state.ga.us/Courts/Supreme/op981123.htm#Powell
Second Source: http://www2.state.ga.us/courts/supreme/op981123.htm#Powell
SODOMY
In a 6-1 decision, the Georgia Supreme Court has ruled that the state's sodomy law
violates the right to privacy guaranteed by the Georgia Constitution.
Powell v. State, No. S98A0755 (Nov. 23, 1998). Chief Justice Robert Benham, writing for the majority, found that the sodomy statute, O.C.G.A. §16-6-2, "insofar as it criminalizes the performance of private, non-commercial acts of sexual intimacy between persons legally able to consent, 'manifestly infringes upon a constitutional provision' . . . which guarantees to the citizens of Georgia the right of privacy." Justice George H. Carley dissented, arguing that "the Court has usurped the legislative authority of the General Assembly to establish the public policy of this state." Justice Leah J. Sears wrote a separate concurring opinion taking issue with the dissent's assertion and insisting that the majority "has fulfilled its constitutional responsibility within the American tripartite system of checks and balances." The issue arose in the appeal of Anthony San Juan Powell, who was convicted in Gwinnett Superior Court of violating the sodomy law for engaging in a sex act with his 17-year-old niece. Powell was charged with rape and aggravated sodomy, but insisted at trial that he had engaged in consensual intercourse and oral sodomy. The trial court instructed the jury on the law of rape and aggravated sodomy. In addition, the trial judge, of its own motion and not at the request of any of the parties, instructed the jury on the law of sodomy. The defense repeatedly objected to the instructions on the sodomy law, arguing that it violated Powell's constitutionally protected right of privacy. The defense also argued that the trial court erred in giving the instruction because Powell was not charged with sodomy and neither side requested instructions on the law. The Supreme Court held that the trial court had the authority to instruct the jury on the law of sodomy of its own volition. The court also found that the defendant's admission and the niece's testimony established sufficient evidence to support a sodomy conviction. The Supreme Court then turned to the constitutional issue, pointing out that Georgia was a pioneer in the realm of the right of privacy. The Georgia Supreme Court was the first court of last resort to recognize a right to privacy, holding in a 1905 decision "that Georgia citizens have a 'liberty of privacy' guaranteed by the Georgia constitutional provision which declares that no person shall be deprived of liberty except by due process of law." That decision, Pavesich v. New England Life Ins., 122 Ga. 190 (1905), recognized a right of privacy 60 years before the U.S. Supreme Court recognized the right under the federal Constitution in Griswold v. Connecticut, 381 U.S. 479 (1965). "Today, we are faced with whether the constitutional right of privacy screens from governmental interference a non-commercial sexual act that occurs without force in a private home between persons legally capable of consenting to the act," Benham wrote, pointing out that Pavesich and the decisions that have followed it "do not set out the full scope of the right of privacy in connection with sexual behavior." "We cannot think of any other activity that reasonable persons would rank as more private and more deserving of protection from governmental interference than consensual, private, adult sexual activity," the majority opinion stated. "We conclude that such activity is at the heart of the Georgia Constitution's protection of the right of privacy." The Supreme Court then turned to the question of "whether the government's infringement upon that right is constitutionally sanctioned." In so doing, the court considered whether the government-imposed limitation serves a compelling state interest and is narrowly tailored to effectuate only that compelling interest. Citing numerous statutes prohibiting sexual assault, child molestation and public sex, the Supreme Court pointed out that the state "fulfills its role in preventing sexual assaults and shielding and protecting the public from sexual acts by the enactment of criminal statutes prohibiting such conduct" and through "the vigorous enforcement of those laws through the arrest and prosecution of offenders." "In light of the existence of these statutes," the court added, "the sodomy statute's raison d'ętre can only be to regulate the private sexual conduct of consenting adults, something which Georgia's right of privacy puts beyond the bounds of government regulation." The Supreme Court found that the statute exceeds the permissible bounds of the state's police power because "the only possible purpose for the statute is to regulate the private conduct of consenting adults, the public gains no benefit, and the individual is unduly oppressed by the invasion of the right to privacy." The Supreme Court rejected the state's argument that laws setting "social morality" are exempt from judicial review. "'Social morality legislation,' like any legislative enactment, is subject to the scrutiny of the judicial branch under our tripartite system of 'checks and balances,'" Benham wrote. "In undertaking the judiciary's constitutional duty, it is not the prerogative of members of the judiciary to base decisions on their personal notions of morality," the court added. "Indeed, if we were called upon to pass upon the propriety of the conduct herein involved, we would not condone it. Rather, the judiciary is charged with the task of examining a legislative enactment when it is alleged to impinge upon the freedoms and guarantees contained in the Georgia Bill of Rights and the U.S. Constitution, and scrutinizing the law, the interests it promotes, and the means by which it seeks to achieve those interests, to ensure that the law meets constitutional standards. While many believe that acts of sodomy, even those involving consenting adults, are morally reprehensible, this repugnance alone does not create a compelling justification for state regulation of the activity."
Powell Case:
Powell v. State, No. S98A0755. Appeal from Gwinnett Superior Court. (APPEAL
COURT)
Anthony San Juan Powell challenges the constitutionality of the state's sodomy law, which
he was convicted of violating for
engaging in an allegedly consensual act with his 17-year-old niece. Powell was
charged with rape and aggravated sodomy, but insisted at trial that he had engaged in
consensual intercourse and oral sodomy. The trial court instructed the jury on the
law of rape and aggravated sodomy. In addition, the trial judge, of it own motion and not
at the request of any of the parties, instructed the jury on the law of sodomy.
The defense repeatedly objected to the instructions on the sodomy law,
arguing that it violates Powell's constitutionally protected right of privacy. In
this appeal, the defense argues that the sodomy statute is unconstitutional when applied
to a consensual heterosexual act of oral sex which took place in a private residence.
Because the defendant was not charged with sodomy and neither side requested
instructions on that law, the defense also argues that the trial court erred in
instructing the jury on the sodomy law.
From: (http://www2.state.ga.us/courts/supreme/ca980518.htm#Powell)
Woman Charged With Statutory Rape of Husband
Had Sex With 13-Year-Old Before Marrying Him
By Amy Worden apbnews.com Aug. 23, 2000
FROM: (http://www.stirling.u-net.com/asex20.htm)
Permanent archive to prevent news article loss
CONYERS, Ga. (APBnews.com) -- A 21-year-old woman is charged with statutory
rape after giving birth to a child she conceived with a 13-year-old -- who she has now
legally married, authorities said. Summer Jessica Strickland could face a
maximum sentence of 20 years for having
sex with Tony Goss, who is now 14 years old. The couple married earlier this month,
only weeks after she gave birth to their baby.
The charges are based on an Oct. 10 sexual encounter in which their child was
conceived, said Rockland County Sheriff's Lt. Mike Ransom. Law enforcement officials
were
notified by the Department of Family and Children's Services following the birth of
Strickland's
child in July, Ransom said.
Strickland was arrested Aug. 17 and was released later that day on $5,000 bond,
authorities said. 'There is no case'
Prosecutors argue that just because the two are now married does not make their
earlier sexual encounter legal. In Georgia, having sex with anyone under the age
of
16 who is not a spouse is considered statutory rape.
Authorities said there is no age limit on marriage with the consent of the child's
parents.
"There is no case," said Strickland's attorney, Sal Serio, who declined to
elaborate,
saying there were "privacy issues" involved.
Authorities said the only thing unusual about this case is that it involves a woman
and a teenage boy. "It's common when the tables are turned and it's an older
male,"
said Ransom. Outdated, conflicting laws? Legal scholars say
the case raises
compelling issues about sex and society today.
"You have two [conflicting] policies here protecting underage minors from having
underage sex and a policy of keeping families together," said Linda Elrod, a law
professor at Washburn University in Nebraska who specializes in family law. "I'm
not sure a sex act should put someone in jail so that they can't raise the child they
created."
Elrod said there was a related case in Kansas that considered whether a 16-year-old
boy should have to pay child support for a child he fathered when he was 12. "You
have public policy against people too young to form consent."
She said she would not be surprised if the case raises challenges to what may be
considered outdated statutory rape laws.
"In many states you have a mature minor provision that allows minors to have
abortions without their parents' consent," said Elrod, adding that sexual acts should
be given the same legal consideration.
Sources: www.lectlaw.com/files/sex06.htm
07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:
http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF