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Sodomy

Sodomy Offenses

What is Sodomy?

In Georgia, sodomy is defined as oral or anal sexual activity between two people, regardless of their gender. Georgia law also includes other non-vaginal sexual activities, such as oral-genital contact, as forms of sodomy. In Georgia, sodomy laws apply to both heterosexual and same-sex activity.

Sodomy is a crime in Georgia and, officially, consequences could include imprisonment and fines. In reality, sodomy charges are rarely filed or prosecuted in Georgis. This is due to a 2003 United States Supreme Court decision that struck down Georgia laws that criminalized consensual sodomy between adults. The court found that criminalizing such acts, done in private, is a violation of the 14th Amendment's guarantee of equal protection and due process. The result is that consensual sodomy between adults in Georgia is no longer a crime.

However, sodomy can still be illegal in Georgia if it involves non-consensual activity, such as rape or sexual assault. It is also important to note that Georgia law does not recognize marriage between same-sex couples, so same-sex couples in Georgia do not have the same legal protections as opposite-sex couples when it comes to matters of sexual activity.

What Is Sodomy in Georgia

In Georgia, sodomy is generally defined as any sexual act that involves the penetration of one person's anus or genitalia by another person's mouth, penis, or any other object. This includes acts such as oral sex, anal sex, and the use of sex devices.

O.C.G.A. § 16-6-2 (2020) - Sodomy & Aggravated Sodomy

Georgia Code O.C.G.A. § 16-6-2 (2020) specifically addresses Sodomy, Aggravated Sodomy, Medical Expenses. The following is the actual law § 16-6-2 (2020) as it is written.

  • a. 1. A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
  • 2. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
  • b. 1. Except as provided in subsection (d) of this Code section, a person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
  • 2. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. 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.
  • c. When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
  • d. If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

If you are being investigated for, or facing aggravated sodomy charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matterand your need to hire a criminal defense lawyer. To get control of your situation CALL 404-351-3000 for a CONFIDENTIAL APPOINTMENT with a defense attorney in Cobb County GA.

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