Sodomy charges typically arise in child molestation cases, but the law does not apply to private, unforced acts between adults.
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Sodomy is a Georgia sex crime defined as the performance of or submission to a sexual act involving the sex organs of one person and the mouth or anus of another. The statute, however, does not apply to the performance of private, unforced, noncommercial acts of sexual intimacy between persons legally able to consent.
Aggravated Sodomy is defined as the commission of sodomy with force and against the will of the other person or the commission of sodomy with a person who is less than ten years of age.
These charges will typically arise in conjunction with child molestation cases. Therefore, an experienced Georgia sex crimes lawyer will employ the same investigation strategies and pretrial motion practice as they would in any child molestation case. To learn more, visit Child Molestation Cases and Case Preparation.
Under Georgia law, solicitation of sodomy is a crime, similar to solicitation of a prostitute, and is defined as soliciting another individual to perform a sexual act involving the sex organs of one and the mouth or anus of another. Solicitation of sodomy in Georgia is a misdemeanor charge unless it involves soliciting someone under the age of 18.
Private requests for sexual conduct between individuals who can consent is not illegal. The crime of solicitation of sodomy focuses on commercial exchanges. Therefore, to be convicted of solicitation of sodomy, the State must be present sufficient evidence of the following elements:
If the offense involves the solicitation of a person under the age of 18 to perform or submit to an act of sodomy for money, it is a felony offense.