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.
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.
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.