As used in this chapter, the term:
Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.
History. Code 1981, § 19-1-1 , enacted by Ga. L. 1990, p. 1785, § 1; Code 1981, § 19-15-1 , as redesignated by Ga. L. 1991, p. 94, § 19; Ga. L. 1993, p. 1695, § 2; Ga. L. 1993, p. 1941, § 1; Ga. L. 2001, p. 1158, § 1; Ga. L. 2009, p. 453, § 2-8/HB 228; Ga. L. 2009, p. 733, § 2/SB 69; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2014, p. 34, § 2-3/SB 365; Ga. L. 2016, p. 773, § 3/HB 905; Ga. L. 2016, p. 864, § 19/HB 737; Ga. L. 2021, p. 134, § 13/SB 28.
The 2016 amendments. —
The first 2016 amendment, effective July 1, 2016, inserted “that” in the middle of subparagraph (3)(A); added paragraph (4); redesignated former paragraph (4) as present paragraph (5); deleted former paragraph (5), which read: “Reserved.”; added “and” at the end of subparagraph (6)(B); deleted “for a county” following “established” in paragraph (8); substituted “such person’s” for “that person’s” in paragraph (11); substituted the present provisions of the first sentence of the undesignated language following subparagraph (11)(I) for the former provisions, which read: “ ‘Sexual abuse’ shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than three years older than the minor.”; and substituted “requires a child” for “requires that child” in paragraph (12). The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, added “and” at the end of subparagraph (6)(B), substituted “such” for “that” in the introductory language of paragraph (11), substituted “Sexual abuse” for “ ‘Sexual abuse’ ” at the beginning of the undesignated text at the end of paragraph (11), and substituted “a” for “that” in the introductory language of paragraph (12).
The 2021 amendment, effective January 1, 2022, substituted “Sexual servitude, as defined in Code Section 16-5-46” for “Prostitution, as defined in Code Section 16-6-9” in subparagraph (12)(A).
Editor’s notes.
Ga. L. 2014, p. 34, § 2-1/SB 365, not codified by the General Assembly, provides that: “This part shall be known and may be cited as the ‘Journey Ann Cowart Act.’”
Ga. L. 2014, p. 34, § 2-9/SB 365, not codified by the General Assembly, provides that: “It is the intent of the General Assembly to provide for transparency relative to investigations involving child abuse and child fatalities in order to best protect the children of this state. The General Assembly finds that more disclosure of information may be necessary when a child is deceased. The General Assembly intends that agencies and departments of this state share data in order to conduct research for the purpose of preventing child fatalities in this state.”
Law reviews.
For article, “Local Government Law,” see 53 Mercer L. Rev. 389 (2001).
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 25 (2014).