Georgia Criminal Code Definitions

CONSENT

The State of Georgia does not define “Consent” in reference to sexual activity.  However, the State of Georgia defines "without consent" as a circumstance in which "a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another."  O.C.G.A § 16-1-3(19)  

The University of Georgia’s Equal Opportunity Office (EOO), when investigating sexual harassment complaints under the University System of Georgia Board of Regents' Sexual Misconduct Policy and the University of Georgia’s Non-Discrimination and Anti-Harassment Policy, defines “Consent” as:

Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity.  Consent cannot be gained by force, intimidation or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation. (See separate definition of Incapacitation.)  Consent is also absent when the activity in question exceeds the scope of consent previously given.  Past consent does not imply present or future consent.  Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law. See EOO's Definitions of Sexual Harassment Terms.

DOMESTIC VIOLENCE

The State of Georgia does not define “Domestic Violence” but defines “Family Violence” as:

“[T]he occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

(1) Any felony; or

(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term ‘family violence’ shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.”

O.C.G.A. § 19-13-1 

DATING VIOLENCE

The State of Georgia does not define “Dating Violence” but defines “Family Violence” to include some dating situations – i.e., persons who are parents of the same child, or other persons living or formerly living in the same household.  

See O.C.G.A. § 19-13-1.

SEXUAL ASSAULT

The State of Georgia does not have a single “Sexual Assault” definition but rather defines the following sexual crimes: 

Rape

 “(a) A person commits the offense of rape when he has carnal knowledge of:

(1) A female forcibly and against her will; or

(2) A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.”

O.C.G.A. § 16-6-1 

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.”

O.C.G.A. § 16-6-3 

Sodomy; Aggravated Sodomy

“(a) (1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.

(2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.”

O.C.G.A. § 16-6-2 

Sexual assault by persons with supervisory or disciplinary authority

“(b) A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person:

(1) Is a teacher, principal, assistant principal, or other administrator of any school [defined below as pre-kindergarten through 12th grade] and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school; provided, however, that such contact shall not be prohibited when the actor is married to such other individual;

(2) Is an employee or agent of any community supervision office, county juvenile probation office, Department of Justice juvenile probation office, or probation office under Article 6 of Chapter 8 of Title 42 and engages in sexual contact with such other individual who the actor knew or should have known is a probationer or parolee under the supervision of such office;

(3) Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency;

(4) Is an employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital; or

(5) Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, as such term is defined in Code Section 37-1-1, or a facility providing child welfare and youth services, as such term is defined in Code Section 49-5-3, who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility.”

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(e) Consent of the victim shall not be a defense to a prosecution under this Code section.”

O.C.G.A. § 16-6-5.1(b) & (e) 

The words underlined above are defined as:

(1) “Actor” means a person accused of sexual assault.

(2) “Intimate parts” means the genital area, groin, inner thighs, buttocks, or breasts of a person.

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(4) “Sexual contact” means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor.

(5) “School” means any educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used.

O.C.G.A. § 16-6-5.1(a) 

Sexual battery

(a) For the purposes of this Code section, the term ‘intimate parts’ means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.”

O.C.G.A. § 16-6-22.1

Aggravated sexual battery

(a) For the purposes of this Code section, the term ‘foreign object’ means any article or instrument other than the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.”

O.C.G.A. § 16-6-22.2 

STALKING

The State of Georgia defines “Stalking” and "Aggravated Stalking" as follows:

Stalking

“(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms ‘computer’ and ‘computer network’ shall have the same meanings as set out in Code Section 16-9-92; the term ‘contact’ shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term ‘place or places’ shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term ‘harassing and intimidating’ means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person's consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.”

O.C.G.A. § 16-5-90 

Aggravated Stalking

“A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.”

O.C.G.A. § 16-5-91 

Category: 
Local Definitions