HB1289: HB1289 Crimes and offenses; offense of rape; modify provisions

26 LC 48 1648 House Bill 1289 By: Representatives Cummings of the 39 th, Campbell of the 35 th, Dawson of the 65 th, 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 sexual1 offenses, so as to modify provisions for the offense of rape; t o provide for penalties; to2 provide for a limitation on defense; to provide for related matters; to repeal conflicting laws;3 and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses,7 is amended by revising subsections (a) and (b) of Code Section 16-6-1, relating to rape, as8 follows:9 "(a) A person commits the offense of rape when he or she has fo rceful nonconsensual10 contact with another's vagina, penis, or anus with his or her vagina, penis, anus, or mouth. 11 Such offense also includes the forcible performance of oral sex, including the mouth of an12 individual making contact with the vagina, penis, or anus of another. has carnal knowledge13 of:14 (1) A female forcibly and against her will; or15 (2) A female who is less than ten years of age.16 H. B. 1289 - 1 - 26 LC 48 1648 Carnal knowledge in rape occurs when there is any penetration of the female sex organ by17 the male sex organ. The fact that the person allegedly raped is the wife of the defendant18 shall not be a defense to a charge of rape. The fact that the person allegedly raped is the19 spouse of the defendant shall not be a defense to a charge of rape.20 (b) A person convicted of the offense of rape shall be punished by death, by imprisonment21 for life without parole, by imprisonment for life, or by a spli t sentence that is a term of22 imprisonment for not less than 25 years and not exceeding life imprisonment, followed by23 probation for life. Any person convicted under this Code secti on shall, in addition, be24 subject to the sentencing and punishment provisions of Code Sec tions 17-10-6.1 and25 17-10-7."26 SECTION 2.27 All laws and parts of laws in conflict with this Act are repealed.28 H. B. 1289 - 2 -