Age of consent georgia

Age of consent georgia

Age of consent georgia

The criminal sexual conduct laws in Georgia state that a person cannot agree to engage in sexual conduct with another person under the age of 16, regardless of an individual's consent. This may appear to be an exception with specific regard to those aged 16 and 17, but it can't be enforced unless the suspect has committed a different crime that is unrelated to a lack of capacity and intent to consent.


As such, if you have sex with a person under 16 in Georgia, you could be looking at statutory rape and other sex crime charges. These criminal allegations could apply if you are an adult (18 or over) who has sex with someone under 16, aged 17 and engage in sexual activity with a person under 16, and if you are under 16 and have sex with someone under 16. In other words, if you have sex with someone under 16 in Georgia, you could get in legal trouble regardless of your age. Under Section 16-6-3 of the Georgia Criminal Code, individuals age 18 or younger who engage in sexual activity with people who are no more than 4 years younger than them will get misdemeanor statutory rape charges rather than the felony charges they would otherwise suffer. As such, if one person is at least 14 but less than 16 and the other person is 18 or younger, then the punishment would be misdemeanor charges rather than felony statutory rape charges.However, if a person is 18 or older and has sex with a 13-year-old or younger, they could be looking at felony statutory rape charges in addition to the charges above potentially.

A felony statutory rape charge in Georgia is punishable by 1 to 20 years in prison. If the convicted offender is 21 or older, they will get 10 to 20 years in prison.This crime carries a sentence of 25 years to life, and lifetime probation thereafter. However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor. This exception was added after a landmark case, Wilson v. State of Georgia occurred in 2006 and caused lawmakers to think the statute should have a close-in-age exception. At the time because of the words of the law, a 17-year-old boy was sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl. Georgia was resistant to raising its age of consent in the Progressive Era. In 1894, the Georgia Supreme Court reversed the conviction of a man convicted of raping a 10-year-old girl because the age of consent in Georgia was 10 at the time. Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that. (Source:en.wikipedia.org)


The Assimilative Crimes Act (18 U.S.C. § 13) incorporates local state criminal law when on federal reservations such as Bureau of Land Management property, military posts and shipyards, national parks, national forests, inter alia. Consequently, if an act is not punishable under any federal law (such as 18 U.S.C. 2243(a) mentioned above) then the local state's age-of-consent laws would apply to the crime.Article 120b of the Uniform Code of Military Justice (10 U.S.C. § 920b), to which essentially only members of the United States Armed Services and enemy prisoners of war are subject, defines the age of consent as sixteen years but allows an exemption for people who are married to minors 12–15 years old. There is also a mistake-in-age defense if the minor is over 12, but not if the minor is under 12.

Within the United States, United States servicemembers are further subject to the local state law both when off-post. The local state law is incorporated, for the most part, into federal law when on-post per the Assimilative Crimes Act (18 U.S.C. § 13). Depending upon the relevant status of forces agreement, United States service members are also subject to the local criminal laws of the host nation for acts committed off-post. There was also a law which prohibited K-12 teachers from having sex with students under age 19, and violators could face prison time or get on the sex offender registry. In 2017, Alabama Circuit Judge Glenn Thompson, of Morgan County in the north of the state, ruled that this law was unconstitutional. (Source: en.wikipedia.org)


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