Georgia Prohibited Consensual Sexual Activity Laws

By Christie Nicholson, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed December 20, 2024

All states have laws criminalizing forced or coercive sexual conduct. These laws prohibit:

Rape
Sexual assault
Molestation
Several other nonconsensual sex acts

What some don’t realize is that most states also have laws prohibiting 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 overturned Georgia's ban on consensual sodomy in 1998 as an unconstitutional breach of privacy.

Five years later, in 2003, the U.S. Supreme Court heard Lawrence v. Texas. 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.

While no longer enforceable, Georgia’s anti-sodomy laws remain “on the books." This is in addition to a host of other laws criminalizing specific consensual sexual acts. 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.

Legal Age of Consent

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.

Note: State laws constantly change due to new legislation, higher court rulings, etc. Consider speaking with a qualified criminal defense attorney near you or conducting research to verify your state laws.

Statutory Rape Laws in Georgia

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. §16-6-3, a person commits statutory rape when they have sex with someone 15 years old or younger.

Consent is not a defense to this crime since, under the law, a person cannot give legal consent until they reach the age of 16.

Statutory rape is a felony in Georgia. The penalties for this crime are as follows:

The penalty for statutory rape of someone between the ages of 14-15 is generally one to 20 years in prison. The offender must also register as a sexual offender on the state’s sex offender registry.
If the defendant is over the age of 21, the penalty increases to 10 to 20 years in prison, along with registration as a sex offender.
If the offender has a prior felony conviction for a sex crime, the judge may sentence them to life in prison.

There are cases in which the court will treat statutory rape as a misdemeanor. The courts refer to these cases as close-in-age cases. We will discuss this in further detail in the next section.

Does Georgia Have a Romeo and Juliet Law?

According to O.C.G.A. §16-6-3 (c), a person will only face misdemeanor charges if they are close in age to the victim. Specifically, Georgia law provides that a defendant will face misdemeanor statutory rape charges in the following circumstances:

The victim is 14 or 15 years old.
The defendant is 18 years old or younger.
The defendant is only four years (or less) older than the victim.

Most jurisdictions consider this exemption a state’s “Romeo and Juliet” law. If you are facing charges for this sex offense, contact a sex crimes attorney immediately and explain your situation. If you meet the above criteria, your criminal defense lawyer may be able to negotiate a favorable plea with the prosecutor.

Georgia’s Laws Prohibiting Consensual Sex at a Glance

It can be challenging to navigate Georgia’s criminal statutes. You'll find a summary of Georgia’s laws regarding consensual sex in the table below.

Sodomy	Under Georgia Code §16-6-2, it is a crime to engage in sodomy in any of the following situations: Using force With someone under the age of consent With someone who cannot consent With a child With someone who is incapacitated With someone who has a mental disability or impairment Aggravated Sodomy You may be guilty of aggravated sodomy if you engage in this sexual contact using force or against someone less than 10 years of age. It is not a defense that the other party is your spouse.
Penalty for Sodomy	Under Georgia Code §16-6-2, offenders face between one and 20 years in prison. Offenders are subject to the sentencing and punishment guidelines of 17-10-6.2. The penalty for aggravated sodomy is 25 years to life, with lifelong probation after release.
HIV Exposure and Compelled Testing for Offenders	Under §16-5-60, it is against the law for someone with HIV/AIDS to recklessly engage in sexual activity with another person, exposing that person to the virus. Doing so may result in felony charges and a penalty of five to 10 years in prison. Under §31-22-9.1, anyone guilty of a sexual offense in Georgia must submit to HIV testing upon the victim's request and a court order.
Public Indecency & Other Related Offenses	Under §16-6-8, public indecency is a misdemeanor crime. The state defines public indecency as engaging in any of the following sexual acts while in a public place: Sexual intercourse Lewd and indecent fondling of another person Partial or total nudity A lewd exposure of a person’s sexual organs First and second-offense public indecency is a misdemeanor in Georgia. But, a third and subsequent offense is a felony, carrying a penalty of one to five years in prison. Under §16-11-39, disorderly conduct is a misdemeanor crime. Disorderly conduct involves lewd or obscene behavior in a public place that disturbs third parties.

Charged with a Sex Crime in Georgia? Let an Attorney Help You

If you’re facing criminal charges for any sex crime, contact an experienced Georgia criminal defense attorney today. If the state convicts you of any sexual offense, you’ll face potential jail time, fines, and registration as a sex offender. This will impact you significantly, both personally and professionally.

A skilled sex crime lawyer knows the law and has experience dealing with the county prosecutor. They’ll review your case and help you develop a solid legal defense.