Repeal bill
SB 442 - Sexual
Offenses - application of Code Sects.on sodomy, fornication
First Reader Summary
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated,
relating to sexual offenses, so as to limit the application of Code Sections 16-6-2,
relating to sodomy, and 16-6-18, relating to fornication.
Langford, Steve E (29th)
Status Summary
HC:
SC: Judy
LA: 01/15/98
S - Read 1st time
SB 442 LC 26 0558
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 6 of Title 16 of the Official Code of 1- 2 Georgia Annotated,
relating to sexual offenses, so as to 1- 3 limit the application of Code Sections 16-6-2,
relating to 1- 4 sodomy, and 16-6-18, relating to fornication; to repeal 1- 5 conflicting
laws; and for other purposes.
1- 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 7 SECTION 1.
1- 8 Chapter 6 of Title 16 of the Official Code of Georgia 1- 9 Annotated, relating to
sexual offenses, is amended by 1-10 striking Code Section 16-6-2, relating to sodomy, and
1-11 inserting in lieu thereof the following:
1-12 "16-6-2.
1-13 (a) A person commits the offense of sodomy when he or she 1-14 performs or submits
to any sexual act involving the sex 1-15 organs of one person and the mouth or anus of
another; 1-16 provided, however, that such conduct occurring privately 1-17 and
consensually between persons over the age of majority 1-18 shall not constitute a
violation of this subsection unless 1-19 such conduct occurs in a facility subject to the
1-20 provisions of Code Section 31-12-11.
1-21 (b) A person commits the offense of aggravated sodomy when 1-22 he or she commits
sodomy with force and against the will 1-23 of the other person. The fact that the person
allegedly 1-24 sodomized is the spouse of a defendant shall not be a 1-25 defense to a
charge of aggravated sodomy.
1-26 (b)(c) A person convicted of the offense of sodomy shall 1-27 be punished by
imprisonment for not less than one nor more 1-28 than 20 years. A person convicted of the
offense of 1-29 aggravated sodomy shall be punished by imprisonment for 1-30 life or by
imprisonment for not less than ten nor more 1-31 than 20 years. Any person convicted under
this Code 1-32 section of the offense of aggravated sodomy shall, in
-1-
2- 1 addition, be subject to the sentencing and punishment 2- 2 provisions of Code
Sections 17-10-6.1 and 17-10-7.
2- 3 (c)(d) When evidence relating to an allegation of 2- 4 aggravated sodomy is
collected in the course of a medical 2- 5 examination of the person who is the victim of
the alleged 2- 6 crime, the law enforcement agency investigating the 2- 7 alleged crime
shall be financially responsible for the 2- 8 cost of the medical examination to the
extent that expense 2- 9 is incurred for the limited purpose of collecting 2-10
evidence."
2-11 SECTION 2.
2-12 Said chapter is further amended by striking Code Section 2-13 16-6-18, relating to
fornication, and inserting in lieu 2-14 thereof the following:
2-15 "16-6-18.
2-16 An unmarried person commits the offense of fornication 2-17 when he or she
voluntarily has sexual intercourse with 2-18 another person and, upon conviction thereof,
shall be 2-19 punished as for a misdemeanor; provided, however, that 2-20 such conduct
occurring privately and consensually between 2-21 persons over the age of majority shall
not constitute a 2-22 violation of this Code section."
2-23 SECTION 3.
2-24 All laws and parts of laws in conflict with this Act are 2-25 repealed.
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