---
title: HB 1456. Crimes and offenses; protective orders or consent agreements for victims against persons who have committed acts of sexual assault; provide
collection: bills
id: 2025-2026/hb1456
cite_as: HB 1456, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1456
md_url: https://georgiacommons.org/bills/2025-2026/hb1456.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1456/text
source_url: https://www.legis.ga.gov/legislation/73636
date: 2026-03-03
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.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1456.md?full=1
bill_number: HB 1456
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-25
last_action: House Second Readers
sponsors:
- Marvin Lim
- Karen Lupton
- David Wilkerson
- William Werkheiser
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1456/2025
upstream_id: 2124761
summaries_model: claude-sonnet-5
topic_tags:
- sexual assault
- protective orders
- victim rights
- criminal law
- court procedures
---
# HB 1456. Crimes and offenses; protective orders or consent agreements for victims against persons who have committed acts of sexual assault; provide
## Text
House Bill 1456
By: Representatives Lim of the 98th, Lupton of the 83rd, Wilkerson of the 38th, and
Werkheiser of the 157th
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 provide for protective orders or consent agreements for victims against
persons who have committed acts of sexual assault; to provide for a definition; to provide for
temporary relief ex parte orders under certain circumstances; to provide for procedures; to
provide for penalties; 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:
"16-6-26.
(a) As used in this Code section, the term 'sexual assault' means an act that constitutes one
or more violations of:
(1) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(2) Trafficking of persons for labor or sexual servitude in violation of Code
Section 16-5-46;
(3) Rape in violation of Code Section 16-6-1;
(4) Aggravated sodomy in violation of Code Section 16-6-2;
(5) Statutory rape in violation of Code Section 16-6-3;
(6) Child molestation or aggravated child molestation in violation of Code
Section 16-6-4;
(7) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(8) Improper sexual contact by employee, agent, or foster parent in violation of Code
Section 16-6-5.1;
(9) Incest in violation of Code Section 16-6-22;
(10) Sexual battery in violation of Code Section 16-6-22.1;
(11) Aggravated sexual battery in violation of Code Section 16-6-22.2;
(12) Electronically furnishing obscene material to minors in violation of Code
Section 16-12-100.1; or
(13) Computer pornography and child exploitation in violation of Code
Section 16-12-100.2.
(b)(1) Any person who has been subjected to, threatened with, or placed in fear of sexual
assault may seek relief under this chapter by filing a sworn petition alleging such sexual
assault by the respondent.
(2) Any petition filed by an unemancipated person under 18 years of age shall be signed
by a parent or guardian.
(c) The petitioner must demonstrate by a preponderance of evidence that they were
subjected to, threatened with, or placed in fear of sexual assault by the respondent.
(d) Upon the filing of a verified petition in which the petitioner alleges with specific facts
that probable cause exists to establish that sexual assault by the respondent has occurred
one or more times in the past and may occur in the future, the court may order such
temporary relief ex parte as it deems necessary to protect the petitioner or any minor of the
household from sexual assault. If the court issues an ex parte order, a copy of the order
shall be immediately furnished to the petitioner and to the National Crime Information
Center.
(e) The court may grant a protective order or approve a consent agreement to the petitioner
against the respondent to bring about a cessation of conduct constituting sexual assault.
Such orders or agreements shall:
(1) Direct the respondent to refrain from such conduct;
(2) Order the respondent to refrain from harassing or interfering with the petitioner or
any minor of the household; and
(3) Provide that violations of such order or agreement shall constitute contempt pursuant
to Code Section 15-6-8.
(f) Any person convicted of a violation of subsection (e) of this Code section shall be
guilty of a misdemeanor.
(g) The provisions of Code Section 19-13-2, subsections (c) and (d) of Code
Section 19-13-3, subsections (b), (c), and (d) of Code Section 19-13-4, and Code
Section 19-13-5 shall apply to petitions filed pursuant to this Code section, except that the
clerk of court may provide forms for petitions and pleadings to persons alleging conduct
constituting sexual assault and to any other person designated by the superior court
pursuant to this Code section as authorized to advise persons alleging conduct constituting
sexual assault on filling out and filing such petitions and pleadings."
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 let victims of sexual assault seek civil protective orders or consent agreements against their attackers, similar to existing family violence protective orders, with violations punishable as a misdemeanor.
### Plain-language summary
Georgia currently has a legal process for protective orders in family violence and stalking cases, but no dedicated civil protective order process specifically for sexual assault when the victim and the person who assaulted them are not family members or intimate partners. This bill creates that process by adding a new section to Georgia's sexual offenses law (O.C.G.A. § 16-6-26).
A person who has been subjected to, threatened with, or placed in fear of sexual assault, defined by reference to a list of existing Georgia crimes such as rape, sexual battery, child molestation, and sex trafficking, could file a sworn petition asking a court for protection. Courts could issue emergency ex parte orders (granted without the other side present) when the petition shows probable cause of past assault and risk of future assault, and copies would go to the National Crime Information Center. Courts could also issue longer-term protective orders or approve consent agreements ordering the person to stop the conduct and avoid harassing the victim or household minors. Violating such an order would be both contempt of court and a misdemeanor crime.
### What it does
- Creates a new civil protective order and consent agreement process specifically for victims of sexual assault, separate from existing family violence protections.
- Defines 'sexual assault' for this purpose by listing specific existing Georgia crimes, including rape, sexual battery, child molestation, and sex trafficking.
- Allows courts to issue emergency ex parte protective orders when a sworn petition shows probable cause of past assault and risk of future assault.
- Requires ex parte orders to be sent immediately to the petitioner and to the National Crime Information Center.
- Makes violating a protective order or consent agreement issued under this section both contempt of court and a misdemeanor crime.
- Applies existing procedural rules from Georgia's family violence protective order law (O.C.G.A. §§ 19-13-2 through 19-13-5) to these new sexual assault petitions.
### Who it affects
People who have been sexually assaulted, including minors (whose petitions must be signed by a parent or guardian), and the people accused of assaulting them. Superior court clerks, judges, and law enforcement agencies that process these petitions and enforce the resulting orders would also be affected.
### Why it matters
Sexual assault victims without a qualifying family or dating relationship to their attacker currently may lack a clear civil protective order option under Georgia law. This bill would give them a court-based path to seek a no-contact order, with violations treated as both contempt of court and a criminal misdemeanor.
### Key provisions
- Section 1 adds new Code Section 16-6-26 defining 'sexual assault' by cross-referencing 13 specific existing Georgia crimes, from rape to computer pornography and child exploitation.
- Subsection (b) allows a petitioner to file a sworn petition alleging sexual assault, with petitions by minors requiring a parent or guardian's signature.
- Subsection (c) sets the petitioner's burden of proof as a preponderance of the evidence (more likely than not).
- Subsection (d) authorizes ex parte temporary relief orders based on probable cause of past and future risk of assault, with copies sent to the petitioner and the National Crime Information Center.
- Subsection (e) allows courts to grant protective orders or consent agreements directing the respondent to stop the conduct and avoid harassment, enforceable as contempt under O.C.G.A. § 15-6-8.
- Subsection (f) makes violating such an order a misdemeanor crime.
- Subsection (g) extends procedural rules from Georgia's existing family violence protective order statutes (O.C.G.A. §§ 19-13-2 to 19-13-5) to these new petitions.
- Section 2 repeals any conflicting laws.
## Status
- Status: Introduced (2026-02-25)
- Last action: House Second Readers (2026-03-03)
- Sponsors: Marvin Lim, Karen Lupton, David Wilkerson, William Werkheiser
- Official page: https://www.legis.ga.gov/legislation/73636
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1456.md?full=1