HB1189: HB1189 Sexual offenses; offense of sodomy regarding consenting adults; prohibit prosecution

Georgia's sodomy law (O.C.G.A. § 16-6-2) has remained on the books even though the Georgia Supreme Court ruled in Powell v. The State (1998) that prosecuting consenting adults for private sodomy violates the state constitution's right to privacy. Because the underlying statute was never repealed, this bill adds a new Code section, 16-6-2.1, that explicitly states prosecution for sodomy is prohibited when the people involved are adults who consent to the act, matching the Powell decision. The bill applies "except as otherwise provided by state and federal law," meaning other laws, such as those covering minors or nonconsensual acts, are not affected. It repeals any conflicting laws. The bill does not remove the existing sodomy statute itself, only adds a provision blocking prosecution in the specific circumstances described.

• Adds a new Code section, O.C.G.A. § 16-6-2.1, prohibiting prosecution for sodomy when the participants are consenting adults.
• Ties the prohibition directly to the Georgia Supreme Court's 1998 ruling in Powell v. The State, which found the sodomy law unconstitutional as applied to private consensual adult conduct.
• Leaves in place exceptions under other state and federal law, so the new protection applies only to the specific consenting-adult scenario described.
• Repeals any existing laws or parts of laws that conflict with this new provision.

Adults in Georgia whose private, consensual sexual conduct could otherwise fall under the state's sodomy statute (O.C.G.A. § 16-6-2), as well as prosecutors and courts that handle sodomy-related charges under existing law.

Although Georgia courts have not been able to prosecute consenting adults for sodomy since the 1998 Powell ruling, the underlying statute never changed. This bill would put that court-created protection directly into the written law, reducing ambiguity about whether such prosecutions could occur.

• Section 1 adds new Code Section 16-6-2.1, prohibiting sodomy prosecutions when both participants are adults and consent, citing Powell v. The State, 270 Ga. 327 (1998).
• The new section defers to the definition of sodomy already set out in subsection (a) of Code Section 16-6-2.
• The prohibition includes a carve-out clause, 'except as otherwise provided by state and federal law,' preserving other applicable restrictions.
• Section 2 repeals all laws and parts of laws that conflict with the new provision.

1. 2026-02-06House Second Readers (House)
2. 2026-02-05House First Readers (House)
3. 2026-02-04House Hopper (House)

• Angela Moore (D, HD-091)Primary sponsor
• Esther Panitch (D, HD-051)
• Eric Bell (D, HD-075)
• Sylvia Baker (D, HD-064)
• Gabriel Sanchez (D, HD-042)

• sodomy law
• sexual offenses
• criminal law reform
• privacy rights
• consenting adults