2025 Georgia Codes – Page 53

(a) For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus,
groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with
the intimate parts of the body of another person without the consent of that person.
(c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery
shall be punished as for a misdemeanor of a high and aggravated nature.
(d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be
guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor
more than five years.
(e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty
of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years
and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(f) When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal
on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a
prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim
is at least 13 but less than 16 years of age and the accused is 18 years of age or younger and no more than 48
months older than the alleged victim, this subsection shall not be applicable.

(a) For the purposes of this Code section, the term “foreign object” means any article or instrument other than
the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a
foreign object the sexual organ or anus of another person without the consent of that person.
(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life
or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life impris-
onment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of
Code Sections 17-10-6.1 and 17-10-7.
(d) When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal
on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a
prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim
is at least 13 but less than 16 years of age and the accused is 18 years of age or younger and no more than 48
months older than the alleged victim, this subsection shall not be applicable.
(e)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in para-
graph (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
aggravated sexual battery 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.