{"id":372790,"date":"2016-03-31T21:35:02","date_gmt":"2016-04-01T02:35:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-prohibited-consensual-sexual-activity-laws.html"},"modified":"2024-12-20T14:17:00","modified_gmt":"2024-12-20T19:17:00","slug":"georgia-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Georgia Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Georgia Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

All states have laws criminalizing forced or coercive sexual conduct<\/a>. These laws prohibit rape, sexual assault, molestation, and a variety of other nonconsensual sex acts.<\/p>\r\n

What some people don’t realize is that most states also have laws banning certain kinds of consensual sexual activity between adults. Most of these laws reflect social norms and customs that change. For example, the state supreme court<\/a> overturned Georgia’s ban on consensual sodomy in 1998 as an unconstitutional breach of privacy.<\/p>\r\n

Five years later, in 2003, the U.S. Supreme Court heard Lawrence v. Texas<\/i><\/a>. In that case, the Supreme Court found that all anti-sodomy laws, as they pertain to consenting adults, are unconstitutional. In the wake of that decision, all anti-sodomy laws became unenforceable.<\/p>\r\n

While no longer enforceable, Georgia’s anti-sodomy laws remain. There are also a host of other laws criminalizing specific consensual sexual acts. This article summarizes Georgia’s prohibited consensual sexual activity laws<\/a>.<\/p>\r\n

For related content, see FindLaw’s Sex Crimes<\/a> section.<\/p>\r\n

Legal Age of Consent<\/b><\/h2>\r\n

Under most circumstances, the age of consent in the state of Georgia is 16. Engaging in sexual activity with a 15-year-old (or younger) qualifies as statutory rape<\/a>.<\/p>\r\n

Statutory Rape Laws in Georgia<\/b><\/h2>\r\n

Under Georgia law, it’s a crime to engage in sexual intercourse with someone younger than 16 years old. According to O.C.G.A. \u00a716-6-3<\/a>, a person commits statutory rape when they have sex with someone 15 or younger.<\/p>\r\n

Consent is not a defense to this crime since, under the law, a person can’t give legal consent until they reach 16 years of age.<\/p>\r\n

Statutory rape is a felony in Georgia. The penalties for this crime are as follows:<\/p>\r\n