Sodomy is a sexual act involving the sex organs of one person and the mouth or anus of another, whether one is person performing or submitting to the act.
Consensual sodomy between consenting adults in a private place is not a criminal offense in Georgia, although it used to be. In terms of the statute, this is an issue where the legislature has not taken the step of removing that language from the statute. As a matter of constitutional law, the offense cannot be prosecuted unless it falls outside that zone of privacy.
Acts of Sodomy Subject to Prosecution
Aggravated sodomy can be prosecuted under two circumstances. Aggravated sodomy occurs:
- when the act is committed with force and against the will of the other person or
- when the alleged victim is less than 10 years of age.
Being married to the alleged victim is not a defense.
Sodomy can be prosecuted when it occurs in public or occurs in a commercial transaction.
"Romeo and Juliet" Exception
Where the victim is a least 13 but less than 16 years of age, and the charged person is 18 years of age or younger and is no more than four years older than the victim, then the offense is treated and punished as a misdemeanor.
Sodomy is published a sentence between 1 and 20 years. It is subject to sentencing as a sexual offense under OCGA 17-10-6.2.
Aggravated sodomy carries a life sentence or a split sentence of 25 years imprisonment followed by probation for life.