By: Lawrence A. Kohn, AVVO Super Star with over 600 5-Star Reviews and an Experienced Sex Crimes Lawyer in the Peach State
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.
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.
Under OCGA § 16-6-3(c), statutory rape is charged as a misdemeanor (instead of a felony) when the following conditions are ALL met:
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.
In most cases, statutory rape is charged as a felony with serious prison time:
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.
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:
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.
If the Romeo and Juliet exception applies, the penalties are significantly reduced:
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.
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.
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 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:
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 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:
Aggravated sodomy is one of the most severely punished sex crimes in Georgia.
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:
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:
This is one of the most serious sex crimes in Georgia, with some of the harshest penalties.
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:
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 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:
Aggravated sexual battery involves penetrating the sexual organ or anus of another person with a foreign object without consent.
Penalties for aggravated sexual battery:
This is one of the most severely punished sexual offenses in Georgia.
It's important to understand the difference between forcible rape and statutory rape in Georgia.
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:
Penalties for forcible rape:
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:
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.
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.
The statute of limitations determines how long prosecutors have to file criminal charges after an alleged offense occurs.
If charges are filed after the statute of limitations has expired, a defendant may have a complete defense based on the time bar.
Beyond prison time and fines, a statutory rape conviction carries severe long-term consequences that can affect every aspect of a person's life.
Being accused of statutory rape or any sex crime is extremely serious and requires immediate action. CALL NOW, 24 HOURS A DAY!
While statutory rape is a strict liability offense, there are still potential defenses depending on the specific facts of the case.
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.
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.
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.