The Crime of Sodomy in Georgia
StatutePerforms or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. O.C.G.A. 16-6-2(a)(1).n/x
Caselaw Part IA showing of penetration is not required; only a showing of contact. Bryson v. State, 282 Ga. App. 36 (2006). No corroboration required. Maloy v. State, 237 Ga. App. 873 (1999). The Georgia constitution protects from criminal sanction private, unforced, non-commercial acts of sexual intimacy between persons legally able to consent. Odett v. State, 273 Ga. 353 (2001).0165361
Caselaw Part 2A defendant who has unforced oral-genital or anal-genital contact with a victim who is above the age of consent, but unable to do so due to incapacity, could be found guilty of sodomy, regardless whether there is any penile penetration. If there is evidence of actual force, however, then the defendant could be convicted for aggravated sodomy. Therefore, the sodomy statute criminalizes nonconsensual but unforced sodomy. Melton v. State, 282 Ga. App. 685 (2006).
PenaltyMandatory 1Y up to 20Y and at least 1Y probation. O.C.G.A. 16-6-2(b)(1).
If victim at least 13 but less than 16 years of age and the person convicted is 18 years of age or younger and is no more than 4 years older than the victim, then Misdemeanor. Id. at (d).