§ 16-6-22. Incest | Statutes | Westlaw

§ 16-6-22. Incest | Statutes | Westlaw

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§ 16-6-22. Incest

GA ST § 16-6-22West's Code of Georgia AnnotatedTitle 16. Crimes and OffensesEffective: July 1, 2024 (Approx. 2 pages)

§ 16-6-22. Incest

GA ST § 16-6-22West's Code of Georgia AnnotatedTitle 16. Crimes and OffensesEffective: July 1, 2024 (Approx. 2 pages)

West's Code of Georgia Annotated
Title 16. Crimes and Offenses (Refs & Annos)
Chapter 6. Sexual Offenses (Refs & Annos)
Effective: July 1, 2024
Ga. Code Ann., § 16-6-22
§ 16-6-22. Incest
(a) A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to by blood, by adoption, or by marriage as follows:
(1) Father and child or stepchild;
(2) Mother and child or stepchild;
(3) Siblings of the whole blood or of the half blood or by virtue of adoption;
(4) Grandparent and grandchild of the whole blood or of the half blood or by virtue of adoption;
(5) Aunt and niece or nephew of the whole blood or of the half blood or by virtue of adoption; or
(6) Uncle and niece or nephew of the whole blood or of the half blood or by virtue of adoption.
(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21.
(2) Any person having been previously convicted of a sexual felony who is convicted of the offense of incest shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.

Credits

Formerly Code 1863, § 4418; Code 1868, § 4459; Code 1873, § 4533; Code 1882, § 4533; Penal Code 1895, § 380; Penal Code 1910, § 371; Code 1933, § 26-5701; Code 1933, § 26-2006.
Ga. Code Ann., § 16-6-22, GA ST § 16-6-22
The statutes and Constitution are current through Act 600 of the 2024 Regular Session of the Georgia General Assembly. Some sections may be more current, see credits for details. The statutes are subject to changes by the Georgia Code Commission.
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