Have you Been Charged with Sodomy in Georgia?
Many people believe a defendant is guilty until proven innocent, especially when regarding someone charged with a sexual offense. Even though you may find yourself feeling judged by everyone around you, you are in fact innocent until proven guilty. Your best defense will not build itself. Lawson and Berry and their team of Georgia Sodomy Attorneys understand that a charge is not the same as a conviction and that everyone deserves to be treated fairly. Contact us today for a free case evaluation. Let our combined 50 years of experience build your best defenses today, do not wait!
Georgia Law O.C.G.A. § 16-6-2(a)
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.
The Georgia sodomy law does not apply to consensual, private, non-commercial acts of sexual intimacy between legally consenting persons because it would infringe upon a constitutional provision, which guarantees to the citizens of Georgia the right to privacy. Sodomy does not apply to private activities conducted in private places where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance. However, a person may not demand privacy for activities conducted outdoors in fields or in public places. Mauk v. State, 242 Ga. App. 191
In sum, it is not a crime to participate in sexual acts between consenting adults in private places. While it was an issue in the past, homosexual and heterosexual relationships are treated the same with regard to sodomy. The case of Powell v. State guarantees Georgians the right to be secure in their non-commercial, private, consensual sexual acts. 270 Ga. 327, (1998). Powell is the controlling case on sodomy in Georgia; therefore, it is crucial to hire an Attorney who can determine if Powell applies to your case or whether you fall within an exception. Don't wait; contact the Law Office of Richard Lawson or one of his Georgia Sodomy Lawyers today for a free case evaluation.
Penalty for Sodomy in Georgia
A person convicted of sodomy will be punished by imprisonment for no less than one year, but more than twenty years. It will be considered a felony conviction.
If the victim is between 13 and 16 years of age and the person convicted of sodomy is 18 or younger and no more than 4 years older than the victim, such person shall be guilty of a misdemeanor.
In addition to prison or a fine, a defendant convicted of aggravated sodomy will be required to register as a sex offender. Georgia's General Assembly found that the State has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity. Therefore, the state requires sex offenders to register and provide the public notice of the presence of sex offenders.
Defenses to Sodomy in Georgia
My case does not fall under the statute: If you can demonstrate that the sexual act was committed between two consenting adults or that the act was committed in private, that could help in getting your case dismissed.
I have a right to privacy: Georgians are guaranteed the right to privacy and if your right was violated, contact one of our Lawyers today to assist with your case.
Consent: If both adults were consenting and the action occurred in a private place, then that act does not fall under the statute, and one of our Attorneys can help get your case dismissed.
What are not Defenses
There was no penetration: No proof of penetration is required; all that is required is some contact. Carter v. State, 122 Ga. App. 21, (1970).
A conviction for a sex crime carries significant penalties and lasting consequences for your future. Do not think that you can represent yourself without subjecting yourself to substantial risk and enormous consequences. Let our Georgia Sodomy Lawyers assist you with your case. Contact us from the very beginning so we can start preparing your best defense.