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Sex Crimes

Sodomy Laws in Georgia: Is oral and anal sex legal?

By February 1, 2021No Comments

Oral and anal sex are not illegal in the State of Georgia when these acts involve consenting persons in private settings. You can be charged with sodomy, however, if you engage in anal or oral sex in a public setting or with a person who has not consented to intimate relations with you.

If you are facing a charge of sodomy, we recommend consulting with an attorney. An experienced criminal defense lawyer can advocate for your interests after your arrest, during court proceedings, and with your sentencing. 

Sodomy laws have a discriminatory connotation because of their history. Prior to 2003, sodomy laws in Georgia targeted those engaging in anal or oral sex even in private and/or consensual settings.

Today, however, sodomy laws in Georgia only apply to non-consensual sex acts or anal or oral sex acts that occur in public settings. Under federal and Georgia law, residents have a right to an expectation of privacy so sodomy laws are not enforceable within private settings between two consenting parties.

While sodomy laws were used in the past to discriminate against homosexual people, today’s sodomy laws apply to heterosexual and homosexual people.

Can I be charged with sodomy if I’m in my car?

Yes, engaging in sex acts in your car (unless your car is in your home’s garage with the garage door closed) is considered a public place.

Engaging in oral or anal sex inside your vehicle could be considered sodomy under the law.

What are the penalties for sodomy charges?

A sodomy conviction could land someone in prison more than a year at minimum and up to 20 years maximum. This type of conviction is a felony. Sentences are shorter for offenders who are 18 or younger, with four years of incarceration being the maximum.

Fines may also be placed upon offenders in addition to incarceration. 

Those who have been convicted of aggravated sodomy will be placed on Georgia’s sex offender registry.

What if there was no penetration?

Even if there was no penetration, the State of Georgia can still charge a person with sodomy for simply making contact with his or her genitals and another person’s mouth or anus.

Can I be removed from the sex offender registry?

If you have been charged and convicted of sodomy in the past, it is possible to be removed from the sex offender registry. Sex offender registry removal is reserved for especially low-risk offenders and those who have completed sentencing.

Pursuing removal requires meeting specific criteria and petitioning the Superior Court of the county you reside in or in the county where the offense took place. 

If you have been charged with sodomy or would like to look into sex offender registry removal for an old sodomy charge, we encourage you to call our criminal defense firm at (770) 919-9525.

The Frye Law Group, LLC has extensive experience providing aggressive criminal defense to people in and around Marietta, Georgia.

Directions:

From I-75: Exit at the Highway 120 (South Marietta Parkway) (Exit #263) and follow the signs to KSU Marietta Campus.

You will be headed west and cross over Cobb Parkway (US 41).

Continue until you get to the intersection with Atlanta Street.

At the traffic light turn right onto Atlanta St. (going north).

Atlanta Street will take you straight to the Marietta Square.

Prior to entering the Square, you will see Anderson Street a block before the Square.

Turn Right onto Anderson Street. The Lawyer’s Building will be on your right.