A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.
History. Laws 1833, Cobb’s 1851 Digest, pp. 814, 815; Code 1863, § 4419; Ga. L. 1865-66, p. 233, § 2; Code 1868, § 4460; Code 1873, § 4534; Code 1882, § 4534; Penal Code 1895, § 381; Penal Code 1910, § 372; Code 1933, § 26-5801; Code 1933, § 26-2009, enacted by Ga. L. 1968, p. 1249, § 1.
Cross references.
Adultery as grounds for divorce, § 19-5-3 .
General rule of competency, § 24-6-601 .
Abolition of right of action for adultery, alienation of affections, or criminal conversation, § 51-1-17.
Law reviews.
For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B.J. 8 (2001).
Structure Georgia Code
Title 16 - Crimes and Offenses
§ 16-6-2. Sodomy; Aggravated Sodomy; Medical Expenses
§ 16-6-4. Child Molestation; Aggravated Child Molestation
§ 16-6-5. Enticing a Child for Indecent Purposes
§ 16-6-10. Keeping a Place of Prostitution
§ 16-6-13. Penalties for Violating Code Sections 16-6-9 Through 16-6-12
§ 16-6-13.1. Testing for Sexually Transmitted Diseases Required
§ 16-6-13.2. Civil Forfeiture of Motor Vehicle
§ 16-6-13.3. Civil Forfeiture of Proceeds and Property
§ 16-6-15. Solicitation of Sodomy
§ 16-6-16. Masturbation for Hire
§ 16-6-21. Marrying a Bigamist
§ 16-6-22.1. Sexual Battery; Consent
§ 16-6-22.2. Aggravated Sexual Battery; Consent
§ 16-6-23. Publication of Name or Identity of Female Raped or Assaulted With Intent to Commit Rape
§ 16-6-25. Harboring, Concealing, or Withholding Information Concerning a Sexual Offender; Penalties