Georgia Code
Chapter 6 - Sexual Offenses
§ 16-6-13. Penalties for Violating Code Sections 16-6-9 Through 16-6-12

History. Code 1933, § 26-2015, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1970, p. 236, § 4; Ga. L. 1988, p. 1797, § 2; Ga. L. 1992, p. 6, § 16; Ga. L. 1998, p. 1301, § 2; Ga. L. 2001, p. 92, § 4; Ga. L. 2003, p. 878, § 1.1; Ga. L. 2011, p. 217, § 2/HB 200; Ga. L. 2017, p. 489, § 3/HB 341; Ga. L. 2019, p. 73, § 1/HB 281; Ga. L. 2019, p. 74, § 1-7/SB 158.
The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: “Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.”.
The 2019 amendments. —
The first 2019 amendment, effective July 1, 2019, substituted the present provisions of paragraph (a)(3) for the former provisions, which read: “Code Section 16-6-11 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated; or”; substituted the present provisions of paragraph (a)(4) for the former provisions, which read: “Code Section 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated.”; and substituted “30 years and a fine of not more than $100,000.00” for “30 years, a fine of not more than $100,000.00, or both” near the end of paragraph (b)(2). The second 2019 amendment, effective July 1, 2019, substituted “Reserved.” for the former provisions of paragraph (b)(1), which read: “A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person who is at least 16 but less than 18 years of age shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years, a fine of not less than $2,500.00 nor more than $10,000.00, or both.”, and, in paragraph (b)(2), substituted “age of 18” for “age of 16” and substituted “30 years and a fine of not more than $100,000.00” for “30 years, a fine of not more than $100,000.00, or both”. See Editor’s note for applicability.
Cross references.
Affirmative defense to certain sexual crimes, § 16-3-6 .
Registered offenders residing within areas where minors congregate, § 42-1-13 .
Editor’s notes.
Ga. L. 2001, p. 92, §§ 1 and 2, not codified by the General Assembly, provide: “This Act shall be known and may be cited as the ‘Child Sexual Commerce Prevention Act of 2001.’ The General Assembly acknowledges that children are increasingly induced, coerced, or compelled to perform sexual acts for the financial benefit of third parties. The General Assembly enacts this law to express its abhorrence for these practices and to better protect children from sexual exploitation.”
Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Anti-Human Trafficking Protective Response Act.’ ”
Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction.”
Law reviews.
For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U. L. Rev. 69 (1998).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 32 (2001).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 131 (2011).
For article, “Crimes and Offenses: Crimes Against the Person,” see 28 Ga. St. U. L. Rev. 131 (2011).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 63 (2019).