HB 1458: Crimes and offenses; permit clergy members to be charged with certain improper sexual contact offenses

Georgia law already makes it a crime for certain employees, agents, and foster parents to have sexual contact with people over whom they hold power, such as students, patients, or people in custody, even if the other person consents. This bill extends that law to clergy members. It defines 'clergy member' broadly to include ministers, pastors, priests, rabbis, imams, or anyone who provides spiritual guidance or counseling in a relationship of trust. It also defines a new 'pastoral counseling or spiritual authority relationship' covering situations where a clergy member provides spiritual guidance, mentoring, or emotional support and a reasonable person would see them as holding influence or authority over someone's well-being. The bill adds clergy members throughout the existing list of people who can be charged with first-degree or second-degree improper sexual contact, alongside employees and agents, and applies the same penalties, including prison terms, fines up to $100,000, and mandatory sentencing enhancements for offenses against victims under 16. Consent remains no defense, and exceptions for married couples and students at the same school stay in place.

• Adds 'clergy member' as a category of person who can be charged with improper sexual contact in the first or second degree, alongside employees and agents.
• Defines 'clergy member' broadly to include licensed or unlicensed ministers, pastors, priests, rabbis, imams, or anyone who provides spiritual guidance in a relationship of trust or dependency.
• Creates a new category of victim relationship, the 'pastoral counseling or spiritual authority relationship,' covering people receiving spiritual guidance, counseling, or emotional support from a clergy member.
• Applies the same criminal penalties already used for employees and agents (up to 25 years and a $100,000 fine for first degree, enhanced terms for victims under 16) to clergy members who commit these offenses.
• Makes clergy members subject to the law's existing rule that a victim's consent is not a defense to prosecution.

Clergy members of any faith, licensed or not, including ministers, pastors, priests, rabbis, and imams, as well as anyone who provides spiritual or pastoral counseling. It also affects people who receive pastoral counseling or spiritual guidance, since they would gain new legal protection under this law.

Currently Georgia's improper sexual contact law does not name clergy as a covered category, even though it covers other trusted roles like teachers, counselors, and law enforcement officers. This bill would let prosecutors charge clergy members criminally for sexual contact with people under their spiritual guidance or pastoral care, regardless of consent.

• Section 1 amends O.C.G.A. § 16-6-5.1 to add a definition of 'clergy member' covering licensed or unlicensed spiritual leaders and anyone providing spiritual guidance in a trust relationship.
• Section 1 adds a definition of 'pastoral counseling or spiritual authority relationship' describing when a clergy member is seen as exercising influence or authority over another person.
• Section 1 inserts 'clergy member' into the first-degree and second-degree offense provisions, alongside 'employee' and 'agent,' throughout the list of covered relationships (students, probationers, patients, detainees, and others).
• Section 1 adds a new basis for the offense: being the subject of a clergy member's pastoral counseling or spiritual authority relationship, for both first and second degree offenses.
• Section 1 keeps existing penalties unchanged but extends them to clergy members: up to 25 years and $100,000 for first degree, and misdemeanor of a high and aggravated nature for second degree, with enhanced penalties for victims under 16.
• Section 2 repeals any conflicting laws.

1. 2026-03-03House Second Readers (House)
2. 2026-02-26House First Readers (House)
3. 2026-02-25House Hopper (House)

• Tyler Smith (R, HD-018)Primary sponsor
• Soo Hong (R, HD-103)
• Stan Gunter (R, HD-008)
• Matt Reeves (R, HD-099)
• Scott Hilton (R, HD-048)

• clergy sexual abuse
• sexual offenses law
• religious organizations
• criminal penalties
• spiritual counseling