Sex Offender Laws in GA: The Georgia Age of Consent for Sex

By: Lawrence A. Kohn, AVVO Super Star with over 600 5-Star Reviews and an Experienced Sex Crimes Lawyer in the Peach State

What is the consent age in Georgia?

The legal age of consent in GA is 16 years of age. This means the State of Georgia has set the youngest that anyone (female or male) who is 16 or older can legally agree to engage in sexual activity. Violating the age of consent laws in Georgia can produce prison sentences like the person had committed murder.

Ironically, most parents of Georgia teens do not know these laws. Yet, dating and many other "adult" activities (driving a car) begin at age 16. Each state sets the age for which having sex with an underage child creates highly serious felony crimes.

The age of consent law is spelled out in the OCGA § 16-6-3, which is Georgia's statutory rape law. A few more GA age of consent laws will be important to know about and will be covered in this comprehensive online page. Start with this maxim: The legal age of sexual consent in Georgia is 16 years old, for consenting to sexual activity.

Not being aware of the Georgia age of consent laws -- for teenagers --- could be disastrous. Parents need to inform their children --- male and female --- what is the legal age of consent in Georgia. In addition, the Romeo and Juliet law GA is like other states' laws, but the Peach State has some of the most punitive jail sentences and MUST be taught to all junior high and high school children.

If someone engages in sexual intercourse with a person under 16 years old, that person can be charged with statutory rape. Georgia law is written to not allow all mutual consent to sex to be a defense. The law says that even if both people agreed to the activity it does not make it okay.

The law treats all people under 16 (female or male) as legally unable to consent to sex because they are considered too young to fully understand the consequences. As you can read below, the criminal law penalties for statutory rape in Georgia depend on the age of the person accused and whether the "Romeo and Juliet" exception applies.

What Is the Crime of Statutory Rape Under Georgia Law?

Statutory rape in Georgia is defined as engaging in sexual intercourse with any person under the age of 16 who is not your spouse. Under OCGA § 16-6-3(a), a person commits the offense of statutory rape when they have sexual intercourse with someone under 16 years old.

Historically, worldwide, illicit sexual intercourse with a person underage has occurred between underage teens (or even pre-teens) that were too young to AGREE to willingly engage in sex. This goes back for centuries, and now in 2025, almost all other countries have such laws, too. Thus, every state in the USA has implemented "Romeo and Juliet" laws, named after Shakespeare's renowned play.

Yet, because these are state-specific laws, the physical location of where the crime occurred triggers that state's sexual conduct laws. So, a person from Georgia in a different state must know that state’s laws if sexual intercourse is going to happen. These laws are an important protection for minors in Georgia, but it also means that both teenagers and adults need to understand exactly how these laws work and what the penalties are for breaking any of the MANY Georgia sex laws.

How Does the “Romeo and Juliet Law” in the Peach State Apply?

Under OCGA § 16-6-3(c), statutory rape is charged as a misdemeanor (instead of a felony) when the following conditions are ALL met:

1. The victim is at least 14 years old but less than 16 years old
2. The person accused “adult” is 18 years old or younger
3. The age difference between the participants is no more than four (4) years, using dates of birth to measure.

Other Key Facts to Know About Statutory Rape in Georgia

Force is NOT required. Unlike forcible rape under OCGA § 16-6-1, statutory rape does not require proof of force, threats, or violence. The crime is based solely on the age of the victim.

Consent does NOT matter if not following the laws set by the State of Georgia. Even if the minor agrees to the sexual activity or even initiates it, Georgia sex laws do not recognize their consent as valid. Minors under 16 cannot legally consent to sex in Georgia.

Knowledge of age is NOT a defense. Georgia law does not allow someone accused of statutory rape to claim they didn't know the person's age. Even if the minor lied about their age or showed a fake ID, this is not a valid legal defense.

Slight penetration is enough. To prove statutory rape, the prosecution must show that sexual intercourse occurred, which legally means any penetration of the female sexual organ by the male sexual organ. Even slight penetration is sufficient—full penetration or ejaculation is not required.

Victim testimony must be corroborated. Under OCGA § 16-6-3(a), no conviction for statutory rape can be based solely on the unsupported testimony of the victim. There must be some corroborating evidence, such as witness testimony, physical evidence, DNA evidence, or the defendant's own statements.

What Are the Potential Penalties for Statutory Rape in Georgia, if Convicted?

Felony Statutory Rape Penalties

In most cases, statutory rape is charged as a felony with serious prison time:

• Standard penalty: 1 to 20 years in prison
• If the offender is 21 years old or older: 10 to 20 years in prison (mandatory minimum of 10 years)
• Repeat offenders over 21: Can face life imprisonment or a split sentence with probation for life

In addition to prison time, anyone convicted of felony statutory rape must comply with OCGA § 17-10-6.2, which imposes mandatory minimum sentencing requirements and at least one year of probation after release.

Mandatory Sex Offender Registration

Anyone convicted of statutory rape in Georgia—whether as a felony or misdemeanor—must register as a sex offender on the national sex offender registry. For felony convictions where the convicted offender is 21 or older, sex offender registration is mandatory for life.

Sex offender registration requires the person to:

• Register with the local sheriff within 72 hours of release from prison or placement on probation
• Provide detailed personal information including name, address, employment, vehicle information, and photograph
• Re-register annually within 72 hours of their birthday
• Notify authorities within 72 hours of any address change or employment changes

Georgia's Romeo and Juliet Law: The Limited Misdemeanor Exception

Georgia has a "Romeo and Juliet" provision that reduces statutory rape from a felony to a misdemeanor in specific situations involving teenagers who are close in age. Read more below about how Georgia laws are structured.

Misdemeanor Penalties Under Romeo and Juliet Law

If the Romeo and Juliet exception applies, the penalties are significantly reduced:

• Maximum jail time: Up to 12 months in the county jail where the crime occurred
• Maximum fine: Up to $1,000 plus state surcharges
• No mandatory minimum prison sentence under OCGA § 17-10-6.2

However, that convicted teen may still be required to register as a sex offender, depending on the specific disposition of the case. The sentencing judge controls these sorts of issues.

Important Limitations of the Romeo and Juliet Law

The Romeo and Juliet law in Georgia does NOT eliminate charges. The close in age exception only reduces the crime from a felony to a misdemeanor. The person can still be prosecuted and convicted, but will face much less drastic penalties.

Also, the Romeo and Juliet exception does NOT apply if the victim is younger than 14 years old. In those cases, more serious charges such as aggravated child molestation (read about that below) may apply.

Other Commonly Occurring Related Sex Offenses Involving Minors in Georgia

Georgia law includes several other serious sex crimes that often involve minors. Understanding these related crimes is important because they often be combined with statutory rape charges.

Sodomy (OCGA § 16-6-2)

Sodomy is defined as oral or anal sex between two people who are not married to each other. If either person is under 16 years old, sodomy becomes a felony.

Penalties for sodomy:

• 1 to 20 years in prison for the older participant if a minor under 16 is involved in the conduct

The Romeo and Juliet exception for sodomy: Using actual birth dates, if the victim is at least 13 years old but less than 16 years old, and the person accused is 18 years of age or younger and no more than four years older than the victim, sodomy is charged as a misdemeanor instead of a felony.

Aggravated Sodomy (OCGA § 16-6-2)

Aggravated sodomy is a serious sex crime that occurs when someone commits sodomy with force and against the will of another person, or when the victim is less than 10 years old.

Penalties for aggravated sodomy:

• Imprisonment for life OR 10 to 30 years in prison
• Mandatory minimum of 25 years to life if the victim is under the age of consent (e., not yet 16 years old)

Aggravated sodomy is one of the most severely punished sex crimes in Georgia.

Child Molestation (OCGA § 16-6-4)

Child molestation involves doing any immoral or indecent act to, in the presence of, or with any child under 16 years old, with the intent to arouse or satisfy sexual desires. This law also contains provisions to also include electronically sending sexually explicit images to a minor under 16.

Penalties for child molestation:

• 5 to 20 years in prison for a first offense
• Mandatory sex offender registration

Aggravated Child Molestation (OCGA § 16-6-4)

Aggravated child molestation occurs when someone commits child molestation in a way that physically injures the child or involves an act of sodomy.

Penalties for aggravated child molestation:

• Life in prison OR a split sentence of at least 25 years in prison followed by probation for life
• Mandatory sex offender registration for life

This is one of the most serious sex crimes in Georgia, with some of the harshest penalties.

Enticing a Child for Indecent Purposes (OCGA § 16-6-5)

Enticing a child for indecent purposes means soliciting, enticing, or taking any child under 16 to any place for the purpose of child molestation or committing indecent acts.

This crime of “enticing” does not require that any sexual act have occurred. The crime is committed if that accused person tried to entice (invite) the child to participate in the act or took or tried to take or transport the child somewhere with sexual intent.

Penalties for enticing a child:

• Mandatory 10 to 30 years in prison
• At least 1 year of probation, after getting out of jail
• Mandatory sex offender registration for life

The “Romeo and Juliet” exception law applicable to enticing: If the victim is at least 14 but less than 16 years old, and the accused is 18 or younger and no more than four years older, the charge may be reduced to a misdemeanor.

Sexual Battery (OCGA § 16-6-22.1)

Sexual battery occurs when someone intentionally touches the intimate parts of another person (male or female) without their consent. If the victim is under 16, sexual battery becomes a felony.

The penalties for sexual battery are:

• Up to 5 years in prison when the victim is under the age of 16 years old

Aggravated Sexual Battery (OCGA § 16-6-22.2)

Aggravated sexual battery involves penetrating the sexual organ or anus of another person with a foreign object without consent.

Penalties for aggravated sexual battery:

• Mandatory minimum of 25 years in prison, up to life

This is one of the most severely punished sexual offenses in Georgia.

Forcible Rape vs. Statutory Rape: What's the Difference?

It's important to understand the difference between forcible rape and statutory rape in Georgia.

Forcible Rape (OCGA § 16-6-1)

Forcible rape occurs when a person “has carnal knowledge (sexual intercourse) with a female forcibly and against her will, OR with a female who is less than 10 years old.

Key elements of forcible rape:

• Force is required (physical force, threats, intimidation, or coercion)
• Lack of consent must be proven by the defense
• The crime is identified by using force AND involves the victim’s lack of consent, not just age

Penalties for forcible rape:

• Life in prison OR any term of years (g., for 99 years in prison)
• The death penalty is a possible sentence in the most severe and most egregious cases

Statutory Rape (OCGA § 16-6-3)

Statutory rape is based solely on the age of the victim (under 16), not on force or lack of consent.

Key differences from forcible rape:

• No force required—the crime is committed by having sex with someone under 16, regardless of consent
• Age is the only factor that matters
• Penalties are generally less severe than forcible rape, though still serious

Why Isn't Mistake of Age a Defense in Georgia?

Georgia operates under a "strict liability" standard for statutory rape and related sex crimes involving minors. This means that a person's knowledge or belief about the victim's age is legally irrelevant.

What This Means:

• Even if the minor lied about their age, the adult can still be convicted
• Even if the minor showed a fake ID, this is not a defense
• Even if the adult reasonably believed the minor was 16 or older, they can still face charges

Georgia courts have consistently ruled that " mistake of age" is not a valid defense in statutory rape cases. The rationale is that the law is designed to protect minors, and allowing this defense would undermine that protection.

Important defense takeaway regarding this crime: However, in some cases, if there is strong evidence that a minor deliberately misrepresented their age, experienced criminal defense attorneys have successfully convinced prosecutors to dismiss or reduce charges on a case-by-case basis—although this is not guaranteed and depends heavily on the specific case facts.

Statute of Limitations for Statutory Rape in Georgia

The statute of limitations determines how long prosecutors have to file criminal charges after an alleged offense occurs.

Time Limits for Statutory Rape Charges:

• General felony charges: 4 years from the date of the alleged offense
• When the victim is under 16: The statute of limitations is extended to 7 years from the date of the offense
• Cases involving DNA evidence: The statute may be tolled (extended), allowing prosecution well beyond normal time limits if DNA evidence later identifies a suspect

If charges are filed after the statute of limitations has expired, a defendant may have a complete defense based on the time bar.

7 Long-Term Consequences of a Statutory Rape Conviction (and Various Other Sex Crimes)

Beyond prison time and fines, a statutory rape conviction carries severe long-term consequences that can affect every aspect of a person's life.

The Collateral Consequences Will Include:

1. Employment difficulties: Many employers conduct background checks and will not hire convicted sex offenders, especially for positions involving children, schools, or vulnerable populations.
2. Housing restrictions: Registered sex offenders face strict limitations on where they can live, including distance restrictions from schools, daycares, parks, and school bus stops.
3. Loss of civil rights: Felony convictions result in loss of the right to vote (until sentence completion) and the permanent loss of the right to own or possess firearms.
4. Professional licensing: Many professional licenses (teaching, healthcare, legal practice, etc.) are unavailable to registered sex offenders.
5. Social stigmatization: The social stigma of being a registered sex offender can destroy personal relationships, community standing, and reputation.
6. Ineligibility for certain programs: Convicted sex offenders may be ineligible for student loans, public housing, and other government benefits.
7. Lifetime registration requirements: For serious offenses, sex offender registration is required for life, meaning these restrictions and reporting requirements never end.

What to Do If You Are Accused of Statutory Rape

Being accused of statutory rape or any sex crime is extremely serious and requires immediate action. CALL NOW, 24 HOURS A DAY!

The 7 Critical Steps to Take, PLUS Things NOT TO DO:

1. Contact a criminal defense attorney immediately. This is why our Firm’s partners answer our phones 24 hours a day and on holidays. Dial 404-567-5515 and do not wait for charges to be filed—contact an experienced Georgia criminal defense lawyer as soon as you become “aware” of a police investigation, that an accusation has been drawn up, or an indictment has been issued.
2. 2 . Do NOT speak to law enforcement without a lawyer present. This includes talking to anyone on a jail phone ABOUT ANY ASPECT OF THE ALLEGED CHARGES. Anything you say CAN and WILL be used against you in court. Exercising your right to remain silent and request to speak with an attorney is the ONLY safe path forward.
3. Once arrested and waiting for a bail or bond hearing in a jail facility, DO NOT UTTER a WORD about the CASE or any FACTS to anyone --- including cellmates. Doing so can seal your fate and help you get convicted.
4. If bailed out, avoid all contact with the accuser or her or his family. Any contact— direct, indirect, through social media, or through third parties —can complicate your case and be used as evidence against you. Plus, if you are out on bond and such things happen and are reported to your Judge, he or she can revoke your bond.
5. Preserve all evidence. Save text messages, emails, social media conversations, photographs, or any other evidence that may be relevant to your defense.
6. Follow all legal advice provided by your criminal defense lawyer and strictly obey all court orders in your bond paperwork. If you are released on bond or placed on any conditions, follow them strictly. Violating court orders can result in immediate arrest and likely will damage your chances to win your case or to negotiate to obtain a less serious criminal conviction.
7. Do NOT discuss your case with anyone except your criminal law attorney. Do not post ANYTHING about it on social media, and do NOT discuss it with friends or family, or make any public statements.

Common Defenses to Statutory Rape Charges in Georgia

While statutory rape is a strict liability offense, there are still potential defenses depending on the specific facts of the case.

Possible Legal Defenses Include:

1. Using the Romeo and Juliet provision: If the age difference and other requirements are met, the charge can be reduced from a felony to a misdemeanor.
2. Mistaken identity: Proving that the accused was not the person who committed the offense.
3. No sexual intercourse occurred: Challenging the prosecution's evidence that sexual intercourse took place.
4. Lack of corroboration: Since OCGA § 16-6-3 requires corroboration beyond the victim's testimony alone, if the prosecution cannot provide corroborating evidence, the case may be dismissed.
5. Insufficient evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If they cannot meet this burden, the defendant should be acquitted.
6. Marriage defense: Statutory rape requires that the accused and the alleged victim are not married to each other. If they are legally married, this is a complete defense.

Larry Kohn, our sex crime lawyer for our Firm, is an experienced criminal defense attorney who graduated from Georgia State Law School magna cum laude in 1998. Before that, he obtained his undergraduate degree from Emory University.

Mr. Kohn will carefully review all evidence, sort through any witness statements, and put all police procedures and forensic testing under a microscope to look for flaws and inconsistencies. Only by leaving NO STONE UNTURNED can he identify the strongest possible defense strategy for your case’s facts and evidence.

Understanding Your Rights and Protecting Your Future

Georgia's age of consent and statutory rape laws are designed to protect minors from sexual exploitation and abuse. However, these laws are also complex, carry severe penalties, and can have lifelong consequences for those accused. The accused person’s future, freedom, and reputation are on the line, so act immediately to protect your rights by getting knowledgeable legal help as soon as possible.

Whether you are a teenager, a parent of the accused person, or the accused individual facing accusations, understanding these laws is critical. The age of consent in Georgia is 16, and engaging in sexual activity with anyone under that age—regardless of consent—can result in serious felony charges, prison time, and mandatory sex offender registration.

As you will read below, the Romeo and Juliet laws in various states are legislatively determined state-by-state. Each state’s law will provide some less punitive than the harsh adult age felony statutory rape law for a teenage offender (however the state laws define them) who are close in age, typically reducing charges from a felony to a misdemeanor in specific circumstances. However, the exception (in all states) is narrow and does not eliminate criminal liability.

If you or someone you know is facing statutory rape or related sex crime charges in Georgia, it is essential to immediately contact an experienced criminal defense attorney who is well-versed in sex offenses. Without exception, these sex crime cases are aggressively prosecuted, the stakes are incredibly high, and early legal intervention can make a critical difference in the outcome.

Summary of These Various Georgia Sex Crimes: Georgia Age of Consent and Statutory Rape Laws

• ∞ The age of consent in Georgia is 16 years old (OCGA § 16-6-3)
• ∞ Statutory rape is sexual intercourse with anyone under 16, regardless of consent
• ∞ Consent does not matter—minors under 16 cannot legally consent to sex
• ∞ Mistake of age is NOT a defense in Georgia
• ∞ Standard penalty: 1 to 20 years in prison; if the offender is 21 or older, the minimum is 10 years
• ∞ The Romeo and Juliet exception: Reduces the charge to a misdemeanor if the victim is 14-15, the accused is 18 or younger, and the age gap is 4 years or less
• ∞ All convictions require sex offender registration, with lifetime registration for serious offenses
• ∞ The related offenses include: sodomy (OCGA § 16-6-2), child molestation (OCGA § 16-6-4), enticing a child (OCGA § 16-6-5), and sexual battery (OCGA § 16-6-22.1)
• ∞ If accused, contact a criminal defense attorney immediately—do not speak to police without legal representation

This information is tailored for Georgia laws and is only provided for educational purposes and is not legal advice. Georgia's sex laws, age of consent legislation and statutory rape laws are complex and can carry serious, life-altering consequences. If you are facing charges or have specific legal questions, consult with criminal defense attorney Larry Kohn immediately.