Oral and anal sex are not illegal in the State of Georgia when these acts involve consenting persons in private settings. You can be charged with sodomy, however, if you engage in anal or oral sex in a public setting or with a person who has not consented to intimate relations with you.
About Sodomy in Georgia
Sodomy laws have a discriminatory connotation because of their history. Prior to 2003, sodomy laws in Georgia targeted those engaging in anal or oral sex even in private and/or consensual settings.
Today, however, sodomy laws in Georgia only apply to non-consensual sex acts or anal or oral sex acts that occur in public settings. Under federal and Georgia law, residents have a right to an expectation of privacy so sodomy laws are not enforceable within private settings between two consenting parties.
While sodomy laws were used in the past to discriminate against homosexual people, today’s sodomy laws apply to heterosexual and homosexual people.
Aggravated Georgia Sodomy Laws & Penalties
In Georgia, the term "aggravated sodomy" refers to a specific criminal offense involving non-consensual oral or anal sex or any sexual act involving the sex organs of one person and the mouth or anus of another person. Aggravated sodomy is considered a serious crime and carries significant legal penalties.
According to Georgia law, the offense of aggravated sodomy is defined under Georgia Code Section 16-6-2.
The law states that a person commits aggravated sodomy when they:
Willfully perform or submit to the act of sodomy with another person,
Use force or violence to accomplish the act of sodomy, or
Sodomy is committed with a person who is incapable of giving legal consent due to being physically helpless or mentally incapacitated.
The penalties for aggravated sodomy in Georgia can be severe. Aggravated sodomy is classified as a felony offense. If convicted, the potential penalties include imprisonment for a term of at least 25 years, up to life imprisonment, or a split sentence of imprisonment and probation.
Additionally, sodomy on a minor is considered a felony offense, which carries a maximum prison term of 20 years.
If you are facing a charge of sodomy, we recommend consulting with an attorney. An experienced criminal defense lawyer can advocate for your interests after your arrest, during court proceedings, and with your sentencing.
For more information about sodomy laws in Georgia, contact Frye Law Group today at (770) 637-4555.