Georgia Sex Laws

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Last update:   9/7/2014

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GEORGIA CODE
Copyright 2014 by The State of Georgia
All rights reserved.


*** Current Through the 2014 Regular Session ***



TITLE 16.  CRIMES AND OFFENSES  
CHAPTER 6.  SEXUAL OFFENSES


O.C.G.A. § 16-6-18  (2014)


§ 16-6-18.  Fornication


   An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor.

 

 

TITLE 16.  CRIMES AND OFFENSES  
CHAPTER 6.  SEXUAL OFFENSES


O.C.G.A. § 16-6-19  (2014)


§ 16-6-19.  Adultery


   A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.

 

MISDEMEANORS IN GA


Definition of a Misdemeanor
A misdemeanor is any crime other than a felony.

Local ordinances in Georgia are, by definition, misdemeanors, and are tried in the municipal and/or magistrate courts.

Punishment for most misdemeanors is up to 12 months in jail. You can get good time credit while in jail. Many jails only require you to serve half your sentence.

Fines for most are up to $1000, but can be as low as $300 for certain offenses.

Definition of a Misdemeanor of a High and Aggravated Nature
Like a regular misdemeanor, a misdemeanor of a high and aggravated nature can only carry a sentence up to 12 months in jail. However, if you receive a jail sentence, the maximum good time credit you can get per month is only 4 days. In other words, in a month with 30 days, you will have to do 26.

Fines can be as high as $5000.

Misdemeanors - Other Punishment
In addition to jail, probation, fines, and restitution, some common punishment for a misdemeanor conviction are as follows:

  • Community Service
  • Loss of Right to Possess a Firearm (e.g. Family Violence Offenses)
  • Loss of Federal Financial Aid for Your Education (Drug Offenses)
  • Precluded From Certain Job Opportunities
  • Loss of Driving Privileges
  • Suspension Of License Plate
  • Publication of Your Photo in the Newspaper

 

 

TITLE 51.  TORTS  
CHAPTER 1.  GENERAL PROVISIONS


O.C.G.A. § 51-1-17  (2014)


§ 51-1-17.  Rights of action for adultery, alienation of affections, and criminal conversation abolished


   Adultery, alienation of affections, or criminal conversation with a wife or husband shall not give a right of action to the person's spouse. Rights of action for adultery, alienation of affections, or criminal conversation are abolished.

 

 

 

 

July 6, 2006: Upheld: The state Supreme Court reversed a lower court's ruling, deciding unanimously that the measure did not violate Georgia's single-subject rule for ballot measures. The issue had been approved by 76 percent of voters in 2004.[21]

 

Texts :

Constitution of Georgia. Article I Section IV:

 

Paragraph I. Recognition of marriage.

(a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.

(b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship.

Georgia Code Annotated - Title 19. Domestic Relations - Chapter 3. Marriage generally - Article 1. General Provisions

 

Section 19-3-3.1 Same sex marriages prohibited

(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.

(b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.

 

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.