Georgia Prohibited Consensual Sexual Activity Laws

All states have laws criminalizing forced or coercive sexual conduct (rape, sexual battery, molestation, etc.) Generally, they also have laws that prohibit certain kinds of consensual sexual activity between adults. Many times, prohibited consensual sexual activity laws are rooted in social norms and customs that often change with the times. For example, Georgia's ban on consensual sodomy was overturned by the state's Supreme Court in 1998 as an unconstitutional breech of privacy. However, it remains “on the books” even though it’s unenforceable.

This article summarizes Georgia's prohibited consensual sexual activity laws. For related content, see FindLaw's Sex Crimes section and the links at the end of this article.

Code Section

 16-6-2

Georgia Sodomy Law

It was punishable by incarceration for between one to twenty years. However, the Georgia Supreme Court has declared that law unconstitutional. The United States Supreme Court has also ruled that state sodomy laws designed to criminalize same-sex sexual activity are unconstitutional.

HIV Exposure and Compelled Testing for Offenders

16-5-60. Under Georgia Code 17-10-15, if a defendant pleads guilty or is convicted of an AIDS-transmitting crime (sodomy, aggravated sodomy, solicitation of sodomy), the defendant must submit to HIV testing.

Other Code Sections Prohibiting Consensual Sex Acts

Punishment for Other Crimes Related to Consensual Sex Acts

Most crimes related to consensual sexual activity are charged as misdemeanors. Solicitation of sodomy is charged as a felony if the person solicited is under age eighteen.

Further Penalties

The exact sentence a defendant will receive depends on the crime charged and the unique circumstances of each case, including the defendant’s criminal history.

Research the Law

Georgia Prohibited Consensual Sexual Activity Laws: Related Resources

Charged with a Sex Crime in Georgia? Get a Free Case Review

State laws are constantly changing, and may no longer be enforceable even if they are still in the Georgia code. If you have questions about Georgia’s prohibited consensual activity laws or you have been accused of a sex crime, you should consider contacting an experienced Georgia criminal defense attorney for a free case review.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.