2025 Georgia Codes – Page 41

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any
person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this
offense on the unsupported testimony of the victim.
(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory
rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however,
that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for
not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statu-
tory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-
6.2.
(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18
years of age or younger and is no more than four years older than the victim, such person shall be guilty of a
misdemeanor.
(d)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in para-
graph (2) of subsection (j) of Code Section 16-5-21.
(2) Any person having been previously convicted of a sexual felony who is convicted of the felony offense
of statutory rape when the individual convicted was 21 years of age or older, shall be punished by imprison-
ment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition
of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14)
of subsection (a) of Code Section 42-8-35.

(a) A person commits the offense of child molestation when such person:
(1) Does an immoral or indecent act to or in the presence of or with any child under the age of 16 years with
the intent to arouse or satisfy the sexual desires of either the child or the person; or
(2) By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise
participating in an immoral or indecent act to a child under the age of 16 years with the intent to arouse or
satisfy the sexual desires of either the child or the person.
(a.1) For purposes of this Code section, when a person does an immoral or indecent act involving touching of
any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of the child or the
person, and such person touches such child in multiple areas of such child’s body, the touching of each area
shall constitute a separate offense of child molestation.
(b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child
molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be
subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a
defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall pro-
vide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second
or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprison-
ment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to
the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that
prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life
imprisonment.
(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is
18 years of age or younger and is no more than four years older than the victim, such person shall be guilty
of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section