Age of Consent Questions for Georgia

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Georgia. Ask your Question

Page 1 of 2 | Next >>

Georgia Teens, sex and marriage laws

:: November 17, 2009 03:12

I'm am 18 yrs old and my girl is 16 and I want to know can we have sex legally? If she wants to move in with me. If she gets pregnant and we decide we want to get married can her mom legally stop her from getting our marriage license? And my last question is, if we get married can she legally move in with me and my family without her mother's consent? Please Help.

In Georgia, the age of consent to have consensual sex is 16. This is the age at which you can no longer be a victim of statutory rape. 2006 in Georgia, there were changes in the law regarding marriage and the minimum age. Some county and city websites may not be updated yet. You must be at least 16 years of age to be married in Georgia. 16 or 17 year olds may obtain a marriage license with permission from both parents (if still married and together); or, either parent if one is unavailable due to illness; or, if parents are divorced or widowed, permission must be obtained from the parent with legal custody or legal guardianship. The parent(s) must either appear in person before a probate judge in the county where the marriage is to take place; or, if they reside in a different county they may appear before any judicial authority who is authorized to issue marriage licenses in their county of residence. A certified copy of the minor's birth certificate must be provided and for the permission to be official a certificate with official stamp or seal must be obtained from the probate judge or authority showing the parents appeared and gave permission for the marriage to proceed. In Georgia, the age of majority is 18. Until the age of majority is reached, a person is under the legal care and control of their parents or legal guardians. No person may interfere with those parental rights unless a court of law determines otherwise.

Statutory Rape?

:: April 21, 2008 15:05

I wanted to know what the charges were, if there are any, on a 19 year old male who had oral sex with with a 16 year old female? Even if, it was with the consent the 16 year old females consent. Also, if there is punishment what type of action should one take? Thank You!

In the state of Georgia, a 16 year old may no longer be a victim of statutory rape. At 16 years of age, a minor may legally consent to sexual activity. If any sexual activity occurred between the 19 year old and the 16 year old, no sexual offense law has been violated; however, the 16 year old is still a minor and the parents are still the legally and finanically responsible guardians. It may be in the parent's best interest to speak with law enforcement directly, the District Attorney, or a private attorney to discuss the risks posed to your minor child by the 19 year old. If there is any drug activity, smoking, drinking, missing school, or if the 19 year old transports the 16 year old anywhere without the parents’ knowledge or permission, there may be other laws (besides sex laws) that a parent can invoke to protect their minor child.

Help Me

:: January 03, 2008 17:23

I'm 17 yrs. old and my boyfriend is 19 yrs. old. My Mom doesn't like my boyfriend. She has found out that we have had sex. She wants to press charges for statutory rape. Considerng that I'm above the age of consent, can she do that?

At 17 years of age in the state of Georgia, you can no longer be a victim of statutory rape. Your mom can file a complaint since you are under the age of 18 and still in your parents legal authority; however, there would be no statutory rape charges filed against your boyfriend by the District Attorney as this law has not been violated. There is the possibility for different "non-sexual" offense charges to be filed against him if he was contributing to your deliquency; such as causing you to miss school, supplying alcohol, cigarettes, drugs, etc...

Clarification

:: November 15, 2007 20:24

I am a 27 year old female and am pregnant by a 17 year old male. I know the age of consent in Georgia is 16 years of age but recently someone said the laws have changed to be 18 years of age. Our relationship began when he was 16 years old. I thought everything was okay and legal until now. Please help to clarify this for me. I realize there is a ten year age gap so I wasn't sure if this made a difference as well after the age of 16.

According to the current Georgia criminal code, the age of consent has been 16 since 1995 and it hasn't changed. I researched some of the Senate bills but found nothing to indicate any upcoming changes in the statutory rape laws 16-6-3 and 16-6-5. To be 100% sure, please contact the Georgia General Assembly directly.

*** Current through the 2007 Regular Session ***
§ 16-6-3. Statutory rape
TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES
O.C.G.A. § 16-6-3 (2007)

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

HISTORY: Ga. L. 1918, p. 259, §§ 1, 2; Code 1933, §§ 26-1303, 26-1304; Code 1933, § 26-2018, enacted by Ga. L. 1968, p. 715, § 1; Ga. L. 1995, p. 957, § 3; Ga. L. 1996, p. 871, § 1; Ga. L. 1996, p. 1115, § 3; Ga. L. 2006, p. 379, § 10/HB 1059.
§ 16-6-5. Enticing a child for indecent purposes
TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES
O.C.G.A. § 16-6-5 (2007)

(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

HISTORY: Ga. L. 1950, p. 387, § 2; Ga. L. 1953, Nov.-Dec. Sess., p. 408, § 2; Code 1933, § 26-2020, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1984, p. 1495, § 2; Ga. L. 1992, p. 6, § 16; Ga. L. 1992, p. 2131, § 1; Ga. L. 1995, p. 957, § 5; Ga. L. 2006, p. 379, § 12/HB 1059.

I love my B/F

:: October 02, 2007 13:54

I am 14 and my boyfriend is 17. i love him but i do not want him in jail. i need to know that if my mom desides to get mad at me or him could she have him locked up.. i would do anything just to saticefy him but, i can not break the law so i need to know if it is okay for us to have sex or to even date!!! pls help me!!!

In Georgia, it is not legal to have sexual intercourse with any minor under the age of 16. Your boyfriend could get into some legal trouble if you and he are involved sexually. There is no law prohibiting dating, as long as, no sexual contact takes place.

need help bad

:: September 04, 2007 09:59

my son is 10 the girl is 7 the mother of the girl is accusing my son of forcing her daughter to do oral sex what is the law concerning minors

In cases of alleged juvenile sexual acts, there is a process that takes place that is very different than the adult court system. Basically, all juvenile cases are "Deliquency Cases". Children are not "Arrested" but they may be "taken into custody." A delinquent act is a violation of a law that would be a crime if committed by an adult. A delinquent child is one who has committed a delinquent act and is in need of treatment and rehabilitation or supervision by the Court. Delinquency cases begin by a person filing a complaint with the Court alleging that the child has committed a delinquent act. The child may or may not be placed in the Youth Detention Center depending on the age of the child and the alleged act. The Juvenile Court Intake Officer will investigate the case and determine whether it is in the child's interest to file a formal Petition. The Officer may decide to divert the case or dismiss it. If a Petition is filed it will be given to the child and parent, the case will be scheduled for an arraignment hearing at which the child and the child's parent or guardian will be advised of the child's rights by a judge. The child may then be asked whether the child admits or denies the Petition (unless the child elects to remain silent). If the child denies the Petition or if the child remains silent the case will be scheduled for a trial at a later date. If the child admits the Petition the Court may dispose of the case at that time or may refer the child to the Intake/Disposition Officer and schedule the matter for disposition at a later time. Adjudication is the pronouncing of a judgement in a case. This is when a judge decides whether the allegations in the petition are true or false. Arraignment A hearing at which one is advised of the charges that have been filed in one's interest, is advised of one's rights, and is offered a opportunity to remain silent or to admit or deny the charges. The information source includes "Cobb County Juvenile Court" Georgia

Please Help Me

:: August 31, 2007 16:11

I have a couple questions, first of all when my daughter was seeing this boy she was 14 and I was told that he was 16, I found out that he was in fact 18 or 19, I'm not quite sure on the exact age. She is 17 now and he is 22 I think. Can I bring charges against him now, and if so what would they be? He has also joined the army, do you know if that will have any effect on him? One more thing, I don't know if she really knew how old he was or not, but will that matter if she did. I'm a parent trying to do the right thing. Thank you for your help.

Included below are the Georgia statutes on:

  • § 16-6-3. Statutory rape
  • § 17-3-2.1 Limitation on prosecution of certain offenses involving a victim under 16 years of age
  • § 17-3-1 Limitation on prosecutions -- Generally
If the crime of "Statutory Rape" was committed against your daughter while under the age of 16, the statute of limitations to report the crime did not begin to run until your daughter turned 16. To file a complaint against the former boyfriend, you would need to contact your local police, or state prosecutor's office, (or "District Attorney") and file a report outlining the details and time line of what occured. Depending on procedures in your local area, a complaint may be filed with the law enforcement authorities or you may also be able to file a complaint directly with the prosecutor's office. An investigation would likely be opened in the matter and ultimately it would be the prosecutor who would determine what charges, if any, would be filed against former boyfriend and whether to arrest or cite him. Given your description, the statutory rape law under Georgia statute 16-6-3 "Statutory Rape" appears to have been violated by the 18 year old (at the time). There really is no way for us to answer the question regarding his military service as this would be up to the military to determine; Lack of knowledge of "his" age would be irrellivant. At the age of 14 and 15 she was legally incapable of consenting to sexual intercourse. If they were sexually active at that time and their ages are less than 4 years apart, it may be a misdemeanor violation; if they are more than 4 years apart, it may be a felony violation.
O.C.G.A. § 16-6-3 (2007) § 16-6-3. Statutory rape
*** Current through the 2007 Regular Session *** TITLE 16. CRIMES AND OFFENSES CHAPTER 6. SEXUAL OFFENSES (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor. HISTORY: Ga. L. 1918, p. 259, §§ 1, 2; Code 1933, §§ 26-1303, 26-1304; Code 1933, § 26-2018, enacted by Ga. L. 1968, p. 715, § 1; Ga. L. 1995, p. 957, § 3; Ga. L. 1996, p. 871, § 1; Ga. L. 1996, p. 1115, § 3; Ga. L. 2006, p. 379, § 10/HB 1059.
O.C.G.A. § 17-3-2.1 Limitation on prosecution of certain offenses involving a victim under 16 years of age
*** Current through the 2007 Regular Session *** TITLE 17. CRIMINAL PROCEDURE CHAPTER 3. LIMITATIONS ON PROSECUTION (a) If the victim of a violation of: (1) Code Section 16-5-70, relating to cruelty to children; (2) Code Section 16-6-1, relating to rape; (3) Code Section 16-6-2, relating to sodomy and aggravated sodomy; (4) Code Section 16-6-3, relating to statutory rape; (5) Code Section 16-6-4, relating to child molestation and aggravated child molestation; (6) Code Section 16-6-5, relating to enticing a child for indecent purposes; or (7) Code Section 16-6-22, relating to incest, is under 16 years of age on the date of the violation, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. (b) This Code section shall apply to any offense designated in paragraphs (1) through (7) of subsection (a) of this Code section occurring on or after July 1, 1992. HISTORY: Code 1981, § 17-3-2.1, enacted by Ga. L. 1992, p. 2973, § 1. *** Current through the 2007 Regular Session *** TITLE 17. CRIMINAL PROCEDURE CHAPTER 3. LIMITATIONS ON PROSECUTION
O.C.G.A. § 17-3-1 Limitation on prosecutions -- Generally
*** Current through the 2007 Regular Session *** TITLE 17. CRIMINAL PROCEDURE CHAPTER 3. LIMITATIONS ON PROSECUTION (a) A prosecution for murder may be commenced at any time. (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime except as provided by subsection (c.1) of this Code section; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime. (c) Prosecution for felonies other than those specified in subsections (a), (b), and (c.1) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must be commenced within seven years after the commission of the crime. (c.1) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused: (1) Armed robbery, as defined in Code Section 16-8-41; (2) Kidnapping, as defined in Code Section 16-5-40; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated child molestation, as defined in Code Section 16-6-4; (5) Aggravated sodomy, as defined in Code Section 16-6-2; or (6) Aggravated sexual battery, as defined in Code Section 16-6-22.2; provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section. (d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime. HISTORY: Code 1933, § 26-502, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1987, p. 330, § 1; Ga. L. 1996, p. 1115, § 4; Ga. L. 2002, p. 650, § 1.

Statue of Limitation

:: August 07, 2007 12:27

What is the statute of limitation for filing statatutory rape charges. My daughter, now 18, has a baby and the father is 27 years old. I was told that the father was only 3 years older than my daughter until recently.

§ 17-3-1. Limitation on prosecutions -- Generally
O.C.G.A. § 17-3-1 (2007) (a) A prosecution for murder may be commenced at any time. (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime except as provided by subsection (c.1) of this Code section; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime. (c) Prosecution for felonies other than those specified in subsections (a), (b), and (c.1) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must be commenced within seven years after the commission of the crime. (c.1) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused: (1) Armed robbery, as defined in Code Section 16-8-41; (2) Kidnapping, as defined in Code Section 16-5-40; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated child molestation, as defined in Code Section 16-6-4; (5) Aggravated sodomy, as defined in Code Section 16-6-2; or (6) Aggravated sexual battery, as defined in Code Section 16-6-22.2; provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section. (d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime.

14 &16

:: July 17, 2007 18:50

i am 14 and i have sex with my 16 year old boyfriend will he automatically go to jail or can he avoid going to jail altogether ?

He can be charged with a misdemeanor crime. Whether or not jail time is part of his sentence would be up to the court. 16-6-3.(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor. Misdemeanor punishments do not exceed 12 months in jail or $1000 in fines.

14 year old teen with a 16 or 17 year old. Jail Time?

:: July 10, 2007 23:28

I am a 14 year old girl and had sex with a 16 or 17 year old. I do not remember, but around how long would he be in jail for? I read that he is guilty of a misdemeanor, but how many years in jail does that mean?

The actual sentencing would be up to a judge and can vary greatly depending on the circumstance. The law below is a guideline for sentencing and can be considered a worse case scenario for a single misdemeanor conviction.

§ 16-6-3. Statutory rape
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.
§ 17-10-3. Punishment for misdemeanors generally
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows: (1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both; (2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall not exceed a total term of 12 months; or (3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. (b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section. (c) In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences: (1) Reexamination by the Department of Driver Services when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed; (2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court; (3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or (4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge. (e) Any sentence imposed under subsection (d) of this Code section shall be reported to the Department of Driver Services as prescribed by law. (f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to confine misdemeanor offenders. (g) This Code section will have no effect upon any offender convicted of a misdemeanor offense prior January 1, 2001, and sentenced to confinement under the jurisdiction of the Board of Corrections or to the supervision of the Department of Corrections.

Page 1 of 2 | Next >>