HB 1189: Sexual offenses; offense of sodomy regarding consenting adults; prohibit prosecution

Georgia's sodomy statute (O.C.G.A. § 16-6-2) remains on the books even though the Georgia Supreme Court ruled in Powell v. The State (1998) that applying it to private, consensual sexual activity between adults violates the state constitution's privacy protections. Because the underlying criminal law was never repealed, this bill would add a new Code section, 16-6-2.1, to formally prohibit prosecuting adults for sodomy when the activity is consensual. The new section states that except where other state or federal law provides otherwise, prosecutors could not bring sodomy charges against consenting adults, explicitly citing and following the Powell decision. The bill also repeals any conflicting laws. It does not change the definition of sodomy itself, which stays in the existing statute, and it does not address sodomy involving minors or nonconsenting parties.

• Adds a new Code section, 16-6-2.1, prohibiting prosecution of the offense of sodomy when the participants are consenting adults.
• Ties the prohibition directly to the Georgia Supreme Court's ruling in Powell v. The State, 270 Ga. 327 (1998).
• Leaves the existing definition of sodomy in O.C.G.A. § 16-6-2 unchanged, only limiting when prosecution can occur.
• Preserves prosecution where other state or federal law still applies, such as cases involving minors or lack of consent.
• Repeals any existing laws or parts of laws that conflict with the new provision.

Adults engaging in private, consensual sexual activity in Georgia, prosecutors and district attorneys who decide whether to bring sodomy charges, and law enforcement agencies that currently could still technically invoke the sodomy statute despite the Powell ruling.

Although the Georgia Supreme Court already barred these prosecutions in 1998, the underlying criminal statute never changed, leaving room for confusion or renewed enforcement attempts. Writing the court's holding directly into the Code would give consenting adults clearer statutory protection rather than relying solely on case law.

• Section 1 creates new Code Section 16-6-2.1, barring prosecution for sodomy (as defined in O.C.G.A. § 16-6-2(a)) when the people involved are consenting adults.
• The prohibition applies 'except as otherwise provided by state and federal law,' leaving other applicable laws, such as those protecting minors, intact.
• The new section explicitly references and follows Powell v. The State, 270 Ga. 327 (1998), the Georgia Supreme Court case that found the sodomy law unconstitutional as applied to private consensual conduct.
• Section 2 repeals any conflicting laws, a standard clause clearing away inconsistent provisions.

1. 2026-02-06House Second Readers (House)
2. 2026-02-05House First Readers (House)
3. 2026-02-04House Hopper (House)

• Angela Moore (D, HD-091)Primary sponsor
• Esther Panitch (D, HD-051)
• Eric Bell (D, HD-075)
• Sylvia Baker (D, HD-064)
• Gabriel Sanchez (D, HD-042)

• sodomy law
• sexual offenses
• criminal law reform
• privacy rights
• Powell v. The State