--- title: HB 1189. Sexual offenses; offense of sodomy regarding consenting adults; prohibit prosecution collection: bills id: 2025-2026/hb1189 cite_as: HB 1189, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb1189 md_url: https://georgiacommons.org/bills/2025-2026/hb1189.md text_url: https://georgiacommons.org/bills/2025-2026/hb1189/text source_url: https://www.legis.ga.gov/legislation/72838 date: 2026-02-06 status: introduced corpus_version: bills-2026-09-13 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb1188.md next: https://georgiacommons.org/bills/2025-2026/hb1190.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 129 omitted_url: https://georgiacommons.org/bills/2025-2026/hb1189.md?full=1 bill_number: HB 1189 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2026-02-04 last_action: House Second Readers sponsors: - Angela Moore - Esther Panitch - Eric Bell - Sylvia Baker - Gabriel Sanchez text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/HB1189/2025 upstream_id: 2108265 summaries_model: claude-sonnet-5 topic_tags: - sodomy law - sexual offenses - criminal law reform - privacy rights - Powell v. The State --- # HB 1189. Sexual offenses; offense of sodomy regarding consenting adults; prohibit prosecution ## Text House Bill 1189 By: Representatives Moore of the 91st, Panitch of the 51st, Bell of the 75th, Baker of the 64th, and Sanchez of the 42nd A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to prohibit the prosecution of the offense of sodomy regarding consenting adults in accordance with Powell v. The State, 270 Ga. 327 (1998); to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by adding a new Code section to read as follows: "16-6-2.1. Except as otherwise provided by state and federal law, prosecution for the offense of sodomy, as such term is defined in subsection (a) of Code Section 16-6-2, shall be prohibited when the persons committing sodomy are adults and consent to such sodomy, in accordance with the Supreme Court of Georgia's ruling in Powell v. The State, 270 Ga. 327 (1998)." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. A Georgia House bill would add a new section to state law barring prosecution of sodomy between consenting adults, codifying the Georgia Supreme Court's 1998 Powell v. State ruling. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Introduced (2026-02-04) - Last action: House Second Readers (2026-02-06) - Sponsors: Angela Moore, Esther Panitch, Eric Bell, Sylvia Baker, Gabriel Sanchez - Official page: https://www.legis.ga.gov/legislation/72838 > The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1189.md?full=1