Georgia Sex Offenses and Why They are Different

Sex offenses refer to crimes of sexual nature committed against individuals. In the State of Georgia, these crimes may be classified as misdemeanors or felonies, depending on the type of sex crime that was committed. However, unlike other misdemeanors or felonies, sex crimes have harsher implications in Georgia. Individuals convicted of sex offenses by Georgia Courts are required to register on a public sex offender registry. Also, sex offenders are subject to prolonged prison sentences, higher fines, living and working restrictions, and even societal prejudices.

What is a Georgia Sex Crime?

The State of Georgia does not have a single definition for the term “sex crime”. Instead, there are distinct definitions for each type of sex crime or offense, as seen below.

What are the Different Types of Sex Offenses?

Title 16, Chapter 6 of the Official Code of Georgia Annotated (O. C. G.A) defines the several types of offenses classified as sex offenses in the State. These include:

• Rape: O. C. G. A. § 16–6–1 defines rape as the carnal knowledge of a female forcibly and against her will, and of a female under 10 years of age. Penalties for rape under this statute include:
• Death
• Imprisonment for life without parole
• Imprisonment for life
• A split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life
• Sentencing and punishment under Sections 17–10–6.1 and 17–10–7 of the Georgia Code

• Statutory rape: O. C. G. A. § 16–6–3 defines statutory rape as sexual intercourse with a person under 16 years of age. Under this law, the crime is punishable by
• Imprisonment for not less than 1 and not more than 20 years
• Imprisonment for not less than 10 and not more than 20 years, if the convicted party is 21 years of age or older.
• Sentencing and punishment under §17–10–6.2 of the Georgia Code

• Sodomy: O. C. G. A. § 16–6–2 defines sodomy as the submission to any sexual act that involves the sex organs of one party and mouth/anus of another. Penalties for sodomy include:
• Imprisonment for not less than 1 and not more than 20 years.
• Sentencing and punishment under §17–10–6.2 of the Georgia Code. However, the convicted party shall be guilty of a misdemeanor if 18 years of age or younger and not more than 4 years older than the victim, and the victim is 14 or under 16 years of age.

• Aggravated sodomy: O. C. G. A. § 16–6–2 outlines aggravated sodomy as when a person commits sodomy forcibly and against the will of another, and with a person who is under 10 years of age. Penalties for convictions of aggravated sodomy include:
• Life imprisonment
• A split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life
• Sentencing and punishment under Sections 17–10–6.1 and 17–10–7 of the Georgia Code. However, if the convicted party is 18 years of age or younger and not older than the victim by more than 4 years, and the victim is 13 years old but under 16 years of age, the crime will be prosecuted as a misdemeanor and the party shall not be subject to sentencing and punishment

• Solicitation of Sodomy: Under O. C. G. A. § 16–6–15, soliciting another individual to perform or submit to the act of sodomy attracts the following penalties if the solicitation involved a minor under 18 years of age:
• Imprisonment for not less than 5 and not more than 20 years
• A fine, not less than $2,500 nor more than $10,000

• Child molestation: Child molestation is defined under O. C. G. A. § 16–6–4. Penalties for the crime include:
• First offense convictions:
• Imprisonment for not less than 5 and not more than 20 years for first offenders and not more less than 10 and not more than 30 years for second offenders
• Sentencing and punishment under Sections 17–10–6.2 and 17–10–7 of the Georgia Code.
• Counseling provided by the Department of Corrections, upon incarceration.

• Aggravated child molestation: Under O. C. G. A. §16–6–4, aggravated child molestation is defined as an offense of child molestation which results in physical injuries or involves an act of sodomy. This crime is punishable by:
• Life imprisonment
• A split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life
• Sentencing and punishment under Sections 17–10–6.1 and 17–10–7 of the Georgia Code. However, the convicted party is exempt from O. C. G. A. §17–10–6.1 and guilty of a misdemeanor if the basis of the charge is for an act of sodomy and if 18 years or below, not more than 4 years older than the victim, and the victim is 13 or under 16 years of age.

• Enticing a child for indecent purposes: O. C. G. A. §16–6–5 defines this crime as soliciting, enticing, or taking any child below 16 years of age to any place for the purposes of child molestation or indecent acts. Penalties include:
• Imprisonment for not less than 10 and not more than 30 years
• Sentencing and punishment under Section 17–10–6.2, unless the victim is 14 or below 16 years of age and the convicted party is 18 years or younger and not more than 4 years older than the victim

• Improper sexual contact by employee or agent: This offense is defined under O. C. G. A. § 16–6–5.1. Penalties include:
• Individuals convicted in the first degree:
• Imprisonment for not less than 1 and not more than 25 years or a fine of not more than $100,000, or both
• If the victim is under 16 years of age:
  • Imprisonment for not less than 25 and not more than 50 years or a fine of not more than $100,000, or both
  • Sentencing and punishment under Section 17–10–6.2. However, O. C. G. A. § 16–6–5.1 f(2) provides exceptions where the guilty party will not be prosecuted under this law

• Individuals convicted in the second degree:
• Punishment as for misdemeanor of a high and aggravated nature. The individual is also exempt from sentencing and punishment under Section 17–10–6.2
• If the victim is below 16 years of age:
  • Imprisonment for not less than 5 and not more than 25 years or a fine of not above $25,000, or both
  • Sentencing and punishment under Section 17–10–6.2. However, O. C. G. A. § 16–6–5.1 g(2) provides exceptions where the guilty party will not be prosecuted under this law

• Individuals convicted of a second or subsequent conviction in the second degree:
• Imprisonment for not less than 1 and not more than 5 years
• Sentencing and punishment under Section 17–10–6.2

• Bestiality: O. C. G. A. § 16–6–6 defines bestiality as when a person performs or submits to any sexual act with an animal. This crime is punishable by:
• Imprisonment for not less than 1 and not more than 5 years

• Necrophilia: O. C. G. A. § 16–6–7 defines necrophilia as the performance of sexual acts with a dead human body. This crime is punishable by not less than 1 and not more than 10 years of jail time

• Public indecency: O. C. G. A. § 16–6–8 You acts committed by individuals that constitute public indecency, one of which is an act of sexual intercourse in a public place. A person who commits this offense is subject to the following penalties:
• Punishment as for a misdemeanor
• Imprisonment for not less than 1 and not more than 5 years

• Prostitution: O. C. G. A. § 16–6–9 defines prostitution as an individual 18 years or older offering, performing, or consenting to perform sexual acts for money or other valuable items. Penalties include:
• Punishment as for a misdemeanor
• A fine of $2,500 if the offense happened within 1,000 feet of any building, center, or grounds used primarily by minors

• Keeping a place for prostitution: Under O. C. G. A. § 16–6–10, individuals who knowingly grant or permit the use of a place for prostitution attracts the following penalties:
• Punishment as for a misdemeanor of high and aggravated nature. However, a judge may suspend any imposed term of imprisonment above 24 hours.
• Imprisonment for not less than 10 and not more than 30 years and a fine not above $100,000, if the offense involved the conduct of a minor
• A fine of $2,500 if the offense happened within 1,000 feet of any building, center, or grounds used primarily by persons under 17 years of age

• Masturbation for hire: Under O. C. G. A. § 16–6–16, a party, including a masseur or masseuse, who commits masturbation for hire, as defined under this law, is subject to the following penalty:
• Punishment as for a misdemeanor

• Giving massages in places used for lewdness, prostitution, assignation, or masturbation for hire: According to O. C. G. A. § 16–6–17, any masseur or masseuse who massages any individual in a people for the aforementioned purposes is guilty of this crime is subject to:
• Punishment as for a misdemeanor

• Pimping: Section 16–6–11 of the Georgia Code defines 5 acts by which an individual can be prosecuted for pimping. One of which includes when an individual agrees or offers to arrange a meeting of persons for the purposes of prostitution. This crime is punishable by:
• First offense:
• Punishment as for a misdemeanor of high and aggravated nature. However, a judge may suspend any imposed term of imprisonment above 72 hours.
• Second offense
• Imprisonment for not less than 1 and not more than 10 years
• Imprisonment for not less than 10 and not more than 30 years and a fine not above $100,000, if the offense involved the conduct of a minor
• A fine of $2,500 if the offense happened within 1,000 feet of any building, center, or grounds used primarily by persons under 17 years of age

• Pandering: O. C. G. A. § 16–6–12 defines 2 acts by which individuals are guilty of pandering. Under this law, an individual is liable to the following penalties if found guilty:
• First offense:
• Punishment as for a misdemeanor of high and aggravated nature. However, a judge may suspend any imposed term of imprisonment above 72 hours.
• Second offense:
• Imprisonment for not less than 1 and not more than 10 years
• Imprisonment for not less than 10 and not more than 30 years and a fine not above $100,000, if the offense involved the conduct of a minor
• A fine of $2,500 if the offense happened within 1,000 feet of any building, center, grounds, or area used primarily by persons under 17 years of age

• Fornication: Under O. C. G. A. § 16–6–18, an unmarried individual convicted of voluntarily engaging in sexual intercourse with another person are subject to the following penalty:
• Punishment as for a misdemeanor

• Adultery: Under O. C. G. A. § 16–6–19, married individuals convicted of voluntarily engaging in sexual intercourse with parties other than their spouses are subject to the following penalty:
• Punishment as for a misdemeanor

• Bigamy: Under O. C. G. A. § 16–6–20, bigamy occurs when a married individual who, being married and aware that the lawful spouse is alive, marries or cohabits bigamously with another individual. This crime carries the following penalty:
• Imprisonment for not less than 1 and not more than 10 years

• Marrying a bigamist: Any unmarried individual who knowingly marries the wife or husband of another is guilty of this crime, as given by O. C. G. A. § 16–6–21. It carries the following penalty:
• Imprisonment for not less than 1 and not more than 10 years

• Incest: O. C. G. A. § 16–6–22 defines incest as knowingly engaging in sexual intercourse or sodomy with a relation, whether by blood or marriage. Individuals found guilty are subject to the following penalties:
• Imprisonment for not less than 10 and not more than 30 years
• Imprisonment for not less than 25 and not more than 50 years, if the victim is under 14 years of age
• Sentencing and punishment under Section 17–10–6.2

• Sexual battery: O. C. G. A. § 16–6–22.1 defines sexual battery as the intentional, physical contact with the intimate parts of another individual without the individual’s consent. Penalties include:
• Punishment as for a misdemeanor of a high and aggravated nature.
• Imprisonment for not less than 1 and not more than 5 years, if the victim is under 16 years of age
• Imprisonment for not less than 1 and not more than 5 years and sentencing and punishment under Section 17–10–6.2, if it is a second or subsequent conviction

• Aggravated sexual battery: O. C. G. A. § 16–6–22.2 defines aggravated sexual battery as the intentional penetration of the sexual organs of another individual with a foreign object and without the individual’s consent. It is punishable by:
• Life imprisonment
• A split sentence that is the term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life

• Harboring, concealing, or withholding information concerning a sex offender: Under O. C. G. A. § 16–6–25, anyone who assists a sex offender in evading law enforcement on the violation and non-compliance of Section 42–1–12 is guilty of this crime. It is punishable by:
• Imprisonment for not less than 1 and not more than 20 years

• Publication of the name or identity of female rape victims: Section 16–6–23 of the Georgia Code defines acts by which a party is guilty of this crime.

Sex Offender Levels of Classification in Georgia

According to O. C. G. A. § 42–1–12 (12) and (13), there are 3 levels of sex offender classification in Georgia:

• Level I offenders
• Level II offenders
• Sexually dangerous predators

This system classifies sex offenders according to the risk they pose in the community and their probability of reoffending in the future.

Level I classification covers sexual offenders who have a low offense risk and a low tendency to commit sexual offenses in the future.

Level II classification refers to sex offenders with an intermediate sex offense risk and an intermediate tendency to commit sexual offenses in the future. This classification includes sex offenders who do not meet the classification criteria for Level I offenders or sexually dangerous predators.

Sexually dangerous predators, as defined by O. C. G. A. § 42–1–12 (a)(21), refer to sex offenders who have a high risk of committing dangerous sexual offenses in the future. Dangerous sexual offenses include rape, sodomy, child molestation, aggravated sexual battery, and other convictions listed under these statutes:

• Convictions occurring on or before June 30, 2006 - O. C. G. A. § 42–1–12 (10)(A)
• Convictions occurring between July 1, 2006, and June 30, 2015 - O. C. G. A. § 42–1–12 (10)(B)
• Convictions occurring between July 1, 2015, and June 30, 2017 - O. C. G. A. § 42–1–12 (10)(B.1)
• Convictions occurring between July 1, 2017, and June 30, 2019 - O. C. G. A. § 42–1–12 (10)(B.2)
• Convictions occurring after June 30, 2019 - O. C. G. A. § 42–1–12 (10)(B.3)

How Do I Find A Sex Offender Near Me in Georgia?

Interested parties may find sex offenders near them through the Georgia Sex Offender Registry. O. C. G. A. § 42–1–12 authorizes the Georgia Bureau of Investigation (GBI) to serve as the central repository for this information and to provide it at no cost. The registry contains accurate information on all registered sex offenders in the State.

According to O. C. G. A. § 42–1–12, the county sheriffs are also required to maintain and provide a manual and electronic list of sex offenders within their jurisdiction. This list is available for public inspection online on the applicable sheriff’s website or via inspection at the sheriff’s office.

Georgia Sex Offender Registry

Georgia sex offender registry allows any member of the public to search and view registered Level I and Level II sex offenders, and sexually dangerous predators in the State using different search parameters. Searchers may also register for community notifications to receive alerts on registered sex offenders. This involves subscribing for email notifications on the community notifications page of the registry. Parties can also choose to get notified when an offender moves within 1 to 3 miles of their address or within their zip code.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in Georgia?

In the State of Georgia, sex offenders face several restrictions. The most prominent ones being residency and employment restrictions. Under O. C. G. A. § 42–1–12, sex offenders who registered for sex offenses after July 1, 2008, are restricted to living or working in the following places:

• Within 1,000 feet of any public or private parks, neighborhood centers, childcare facilities, churches, or any area where minors congregate. Even then, offenders that have already established residence within such areas may be allowed to sustain their residence
• Volunteer or be employed at a church, school, park, or public/private places where minors gather. Likewise, they cannot volunteer or be employed in any place within 1,000 feet of these areas