Official Code of Georgia

Official Code of Georgia, 1992 Edition, Title 16

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
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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 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 may, in the discretion of the court, be punished as for 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:
1. "Actor" means a person accused of sexual assault.
2. "Intimate parts" means the genital area, groin, inner thighs, buttocks, or breasts of a person.
3. "Psychotherapy" means the professional treatment or counseling of a mental or emotional illness, symptom, or condition.
4. "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) 1. 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.
2. 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.
3. Consent of the victim shall not be a defense to a prosecution under this subsection.
4. 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.
1. An act of sexual intercourse;
2. A lewd exposure of the sexual organs;
3. A lewd appearance in a state of partial or complete nudity; or
4. 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.
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:
1. Offers or agrees to procure a prostitute for another;
2. Offers or agrees to arrange a meeting of persons for the ourpose of prostitution;
3. Directs another to a place knowing such direction is for the purpose of prostitution;
4. 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
5. 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:
1. "Masseur" means a male who practices massage or physiotherapy, or both.
2. "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:
1. Father and daughter or stepdaughter;
2. Mother and son or stepson;
3. Brother and sister or the whole blood or of the half blood;
4. Grandparent and grandchild;
5. Aunt and nephew; or
6. 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.
16-12-80. 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:
1. 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;
2. The material taken as a whole lacks serious literary, artistic, political, or scientific value; and
3. The material depicts or describes, in a patently offensive way, sexual conduct specifically defined in subparagraphs 1-5 of this section:
1. Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
2. Acts of masturbation;
3. Acts involving excretory functions or lewd exhibition of the genitals;
4. Acts of bestiality or the fondling of sex organs of animals; or
5. 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:
1. 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
2. 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:
1. 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
2. By confinement under the jurusdiction 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 proveded by paragraph (1) or (2), bubut 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 weekendshall 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 misdemeanorinvolving 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 imporvement 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 diring 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. -----
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