Sexual Battery

Sexual Battery in Georgia - O.C.G.A. 16-6-3

Sexual battery in Georgia, depending on the nature of the circumstances, can be prosecuted as a misdemeanor or felony crime. Sexual battery is generally any act of intentionally making physical contact with an intimate part of a persons body without consent of the alleged victim.

What Is Sexual Battery in Georgia?

• (a) For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
• (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
• (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
• (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
• (e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

Aggravated Sexual Battery O.C.G.A. 16-6-22.2

Aggravated sexual battery happens when a person "intentionally penetrates with a foreign object the sexual organ or anus of another person without their consent." The Criminal Code defines "foreign object" as "any article or instrument other than the sexual organ of a person."

Sexual Battery for Persons Below Legal Age

Known as "Romeo and Juliet Laws", these are sexual battery laws pertaining to consensual sex involving people as young as 14 years of age. Specifically, if the victim is between 14-16 years of age, and the defendant is 18 years of age but no more than four years older than the victim, the defendant will be charged with only a misdemeanor charge.

If you've been accused of sexual battery you need to hire an experienced sex crimes lawyer. Our law firm has represented numerous clients charged with sexual battery and assault. Call 770-956-1400 or contact us online to schedule a consultation with a top defense lawyer.