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 <ins>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.</ins> <del>has carnal knowledge
of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
</del>
<del>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.</del> <ins>The fact that the person allegedly raped is the
spouse of the defendant shall not be a defense to a charge of rape.
</ins> (b) A person convicted of the offense of rape shall be punished <del>by death,</del> 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All laws and parts of laws in conflict with this Act are repealed.