---
title: HB 1289. Crimes and offenses; offense of rape; modify provisions
collection: bills
id: 2025-2026/hb1289
cite_as: HB 1289, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1289
md_url: https://georgiacommons.org/bills/2025-2026/hb1289.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1289/text
source_url: https://www.legis.ga.gov/legislation/73139
date: 2026-02-17
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/hb1288.md
next: https://georgiacommons.org/bills/2025-2026/hb1290.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1289.md?full=1
bill_number: HB 1289
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-11
last_action: House Second Readers
sponsors:
- Terry Cummings
- Lisa Campbell
- Robert Dawson
- Robert Flournoy
- Arlene Beckles
- Segun Adeyina
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1289/2025
upstream_id: 2114639
summaries_model: claude-sonnet-5
topic_tags:
- rape law
- sexual offenses
- criminal sentencing
- death penalty
- Georgia criminal code
---
# HB 1289. Crimes and offenses; offense of rape; modify provisions
## Text
House Bill 1289
By: Representatives Cummings of the 39th, Campbell of the 35th, Dawson of the 65th,
Flournoy of the 74th, Beckles of the 96th, and others
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 modify provisions for the offense of rape; to provide for penalties; to
provide for a limitation on defense; 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 revising subsections (a) and (b) of Code Section 16-6-1, relating to rape, as
follows:
"(a) A person commits the offense of rape when he or she has forceful nonconsensual
contact with another's vagina, penis, or anus with his or her vagina, penis, anus, or mouth.
Such offense also includes the forcible performance of oral sex, including the mouth of an
individual making contact with the vagina, penis, or anus of another. has carnal knowledge
of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the female sex organ by
the male sex organ. The fact that the person allegedly raped is the wife of the defendant
shall not be a defense to a charge of rape. The fact that the person allegedly raped is the
spouse of the defendant shall not be a defense to a charge of rape.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment
for life without parole, 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 imprisonment, followed by
probation for life. Any person convicted under this Code section shall, in addition, be
subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and
17-10-7."
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 rewrite the state's rape law (O.C.G.A. § 16-6-1) to make it gender-neutral, broaden what counts as rape, and remove the death penalty as a possible punishment.
### Plain-language summary
Georgia's current rape law defines the crime narrowly: a man having forced sexual intercourse with a female, or with a female under age ten. This bill rewrites that definition so it no longer refers to specific genders. Instead, rape would be defined as forceful, nonconsensual contact between a person's vagina, penis, or anus and another person's vagina, penis, anus, or mouth, including forced oral sex.
The bill also updates the spousal exception, changing language that referred only to a 'wife' so that having a spousal relationship with the defendant is not a defense to a rape charge regardless of the genders involved. On sentencing, the bill removes the death penalty as an available punishment for rape, leaving life without parole, life imprisonment, or a split sentence of 25 years to life followed by lifetime probation. The bill repeals conflicting laws and does not state a separate effective date.
### What it does
- Replaces the current gender-specific definition of rape with a gender-neutral one covering forceful nonconsensual contact involving the vagina, penis, anus, or mouth.
- Adds forced oral sex to the legal definition of rape, expanding what conduct the crime covers.
- Removes the death penalty as a punishment for rape, leaving life without parole, life imprisonment, or a 25-years-to-life split sentence with lifetime probation.
- Changes the marital defense rule so that being the defendant's spouse (not just 'wife') cannot be used as a defense to a rape charge.
- Removes the separate provision that treated a female under age ten as automatically a rape victim under a distinct legal theory.
### Who it affects
The bill affects anyone in Georgia who could be charged with or be a victim of rape, regardless of gender, since it removes gender-specific language from the law. It also affects prosecutors, defense attorneys, and judges who apply the rape statute and its sentencing rules.
### Why it matters
By removing gender-specific wording, the bill would let the rape statute apply regardless of the victim's or perpetrator's sex, potentially covering conduct the current law does not clearly reach. Removing the death penalty also changes the maximum punishment a convicted person could face.
### Key provisions
- Section 1 revises O.C.G.A. § 16-6-1(a) to define rape as forceful nonconsensual contact with another's vagina, penis, or anus, including forced oral sex, removing the prior wording limited to a male-female act.
- Section 1 removes the separate clause treating carnal knowledge of a female under ten as rape under a distinct provision.
- Section 1 changes the marital defense language from 'wife' to 'spouse,' keeping the rule that a spousal relationship is not a defense to a rape charge.
- Section 1 revises O.C.G.A. § 16-6-1(b) to eliminate the death penalty as a punishment, leaving life without parole, life imprisonment, or a split sentence of 25 years to life plus lifetime probation.
- Section 2 repeals any other Georgia laws that conflict with these changes.
## Status
- Status: Introduced (2026-02-11)
- Last action: House Second Readers (2026-02-17)
- Sponsors: Terry Cummings, Lisa Campbell, Robert Dawson, Robert Flournoy, Arlene Beckles, Segun Adeyina
- Official page: https://www.legis.ga.gov/legislation/73139
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1289.md?full=1