Georgia Commons

Senate · Passed · 2025-2026 Regular Session

SB 542: Sexual Offenses; clergy members to be charged with certain improper sexual contact offenses; permit

Last action May 11, 2026 · Effective Date 2026-07-01

A Georgia Senate bill would create new criminal charges for clergy members who use their spiritual authority to coerce someone into sexual contact, with penalties ranging from a misdemeanor to life in prison for repeat sex offenders.

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In plain language

Currently Georgia law does not have a specific crime covering sexual contact by clergy members who exploit the trust of a pastoral or spiritual counseling relationship. This bill adds a new law (O.C.G.A. § 16-6-5.2) to close that gap. It defines 'clergy member' broadly to include ministers, priests, rabbis, imams, and similar religious leaders, and defines a 'pastoral counseling or spiritual authority relationship' as one where a clergy member provides spiritual guidance, counseling, confession, mentoring, or emotional support in a way that gives them influence or authority over another person. The bill creates two new crimes. Improper sexual contact by a clergy member in the first degree covers sexually explicit conduct obtained through coercion, deception, intimidation, or similar means, punishable by 1 to 25 years in prison and up to a $100,000 fine. Second degree covers lesser sexual contact obtained the same way, treated as a high and aggravated misdemeanor on a first offense and a felony on repeat offenses. The law does not apply to married couples, sets a 15 year statute of limitations, and imposes a life sentence option for repeat sexual offenders.

What the bill does

  • Creates a new Georgia crime, improper sexual contact by a clergy member in the first degree, for coerced sexually explicit conduct within a pastoral relationship, punishable by 1 to 25 years and up to $100,000 in fines.
  • Creates a second new crime, improper sexual contact by a clergy member in the second degree, for coerced sexual contact short of sexually explicit conduct, treated as a high and aggravated misdemeanor on a first offense.
  • Escalates a second or later conviction of the second degree offense to a felony punishable by 1 to 5 years in prison and mandatory sentencing under O.C.G.A. § 17-10-6.2.
  • Imposes a life sentence or life probation with electronic monitoring for a person previously convicted of a sexual felony who is later convicted under this new law.
  • Exempts sexual contact between people who are lawfully married to each other from prosecution under this new law.
  • Sets a 15 year statute of limitations for bringing charges under the new law, overriding other limitations periods.

Who it affects

Clergy members of any faith, including ministers, priests, rabbis, and imams, who provide spiritual counseling or pastoral care; people who receive that counseling and could be victims; prosecutors and courts handling these new charges; and repeat sexual offenders, who face life sentences under the bill's enhanced penalty provision.

Why it matters

Georgians who seek pastoral or spiritual counseling would gain specific legal protection against clergy who use that trust relationship to coerce sexual contact, an act not previously named as its own crime in Georgia law. Clergy members would face new criminal exposure, penalties, and a 15 year window for prosecution.

Key provisions

  • Section 1 adds new Code Section 16-6-5.2, defining 'clergy member,' 'pastoral counseling or spiritual authority relationship,' 'sexual contact,' and 'sexually explicit conduct.'
  • Subsection (b) creates first degree improper sexual contact by a clergy member for coerced sexually explicit conduct, punishable by 1 to 25 years in prison and a fine up to $100,000.
  • Subsection (c) creates second degree improper sexual contact by a clergy member for coerced sexual contact short of sexually explicit conduct.
  • Subsection (f) makes a first second-degree conviction a high and aggravated misdemeanor and a second or subsequent conviction a felony with 1 to 5 years imprisonment.
  • Subsection (g) imposes a life sentence or lifetime probation with electronic monitoring for offenders with a prior sexual felony conviction.
  • Subsection (d) exempts sexual contact between lawfully married spouses from the new offenses.
  • Subsection (h) sets a 15 year statute of limitations for prosecuting these offenses, regardless of other limitations laws.
  • Section 2 repeals any conflicting laws.

From the bill

A person commits the offense of improper sexual contact by a clergy member in the first degree when such person, while in a pastoral counseling or spiritual authority relationship with the victim and by means of undue influence, coercion, harassment, duress, deception, false representation, false pretense, or intimidation, knowingly engages in sexually explicit conduct with the victim.

This is the bill's core first degree offense, targeting coerced sexually explicit conduct by clergy.

Notwithstanding any other provision of law setting forth a limitations period, a criminal proceeding brought pursuant to this Code section shall be commenced within 15 years after the commission of the crime.

This sets a fixed 15 year deadline for prosecuting these new clergy offenses.

Status timeline

  1. 2026-05-11Effective Date 2026-07-01
  2. 2026-05-11Act 496
  3. 2026-05-11Senate Date Signed by Governor (Senate)
  4. 2026-04-10Senate Sent to Governor (Senate)
  5. 2026-03-27Senate Agreed House Amend or Sub (Senate)
  6. 2026-03-23House Passed/Adopted By Substitute (House)
  7. 2026-03-23House Third Readers (House)
  8. 2026-03-20House Committee Favorably Reported By Substitute (House)
Show full history (16 actions)
  1. 2026-03-10House Second Readers (House)
  2. 2026-03-09House First Readers (House)
  3. 2026-03-06Senate Passed/Adopted By Substitute (Senate)
  4. 2026-03-06Senate Third Read (Senate)
  5. 2026-03-03Senate Read Second Time (Senate)
  6. 2026-02-26Senate Committee Favorably Reported By Substitute (Senate)
  7. 2026-02-24Senate Read and Referred (Senate)
  8. 2026-02-20Senate Hopper (Senate)

Sponsors

  • Randy Robertson (R, SD-029)Primary sponsor
  • Bo Hatchett (R, SD-050)
  • Brian Strickland (R, SD-042)
  • Kay Kirkpatrick (R, SD-032)
  • Billy Hickman (R, SD-004)
  • John Albers (R, SD-056)
  • Max Burns (R, SD-023)
  • Russ Goodman (R, SD-008)
  • Drew Echols (R, SD-049)
  • Lee Anderson (R, SD-024)
  • Chuck Payne (R, SD-054)
  • Blake Tillery (R, SD-019)
  • Timothy Bearden (R, SD-030)
  • Jason Anavitarte (R, SD-031)
  • Mike Hodges (R, SD-003)
  • Ben Watson (R, SD-001)
  • Steve Gooch (R, SD-051)
  • Chuck Hufstetler (R, SD-052)
  • Matt Brass (R, SD-006)
  • Marty Harbin (R, SD-016)
  • Larry Walker (R, SD-020)
  • Jason T. Dickerson (R, SD-021)
  • Clint Dixon (R, SD-045)
  • Carden Summers (R, SD-013)
  • Chuck Efstration (R, HD-104)

Votes

  1. PassedSenate voteMarch 6, 2026

    55 yea, 0 nay

    Passage By Substitute: Senate Vote #644

  2. PassedHouse voteMarch 23, 2026

    168 yea, 0 nay (1 not voting, 7 absent)

    Passage: House Vote #750

  3. PassedSenate voteMarch 27, 2026

    47 yea, 0 nay (2 not voting, 5 absent)

    Agree To House Substitute: Senate Vote #842

Topics

  • sexual offenses
  • clergy accountability
  • criminal law
  • statute of limitations
  • religious institutions

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