Georgia's Sodomy Law

Georgia code section 16-6-2 provides a 1 to 20 year mandatory sentence for any adults consenting to "any sexual act involving the sex organs of one person and the mouth or anus of another". Married couples are not excluded from this law. The Supreme Court upheld a constitutional challenge to the sodomy law Bowers v. Hardwich (1986), saying that the Constitution did not grant the right to engage in sodomy. Presumably few consensual behaviors by or between adults are specifically enumerated by the constitution and therefore could be subject to laws prohibiting them and imposing penalties for them at any time.

For the purposes of comparing the severity of Georgia's opposition to these sorts of consensual acts between adults, Georgia provides less extreme penalties for sexual acts such as bestiality (16-6-6) and necrophilia (16-6-7) which provide one to five year and one to ten year sentences respectively.

Georgia law section 16-6-15 prohibits the solicitation of sodomy and imposes up to a 12 month sentence and $1,000.00 fine if someone is determined to be guilty of soliciting an adult. For the purposes of obtaining a conviction, the Georgia court has determined that the term "blow job" is not too vague a term to support the conviction of soliciting for sodomy. [Anderson v. State, 142 Ga. App. 282, 235 S.E.2d 675 (1977)]

Masturbation for hire is also made illegal and is subject to a sentence of up to 12 months and up to a $1,000 fine.

Georgia also outlaws consensual sexual intercourse between unmarried persons with section 16-6-18, Fornication. The penalty provided under this section is a sentence of up to 12 months and up to a $1,000 fine.