---
title: O.C.G.A. § 16-6-22.2. Aggravated sexual battery; consent.
collection: code
id: 16-6-22.2
cite_as: O.C.G.A. § 16-6-22.2 (2025)
canonical_url: https://georgiacommons.org/code/16-6-22.2
md_url: https://georgiacommons.org/code/16-6-22.2.md
text_url: https://georgiacommons.org/code/16-6-22.2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch1-6-(v14)-pdf.pdf?sfvrsn=e7841a34_0#page=201
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / SEXUAL OFFENSES
---

# O.C.G.A. § 16-6-22.2. Aggravated sexual battery; consent.

(a) For the purposes of this Code section, the term “foreign object” means any article or instrument other than the sexual organ of a person.

(b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.

(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(d) When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim is at least 13 but less than 16 years of age and the accused is 18 years of age or younger and no more than 48 months older than the alleged victim, this subsection shall not be applicable.

(e)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21.

(2) Any person having been previously convicted of a sexual felony who is convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.

## History

Code 1981, § 16-6-22.2, enacted by Ga. L. 1990, p. 1003, § 2; Ga. L. 1994, p. 1959, § 8; Ga. L. 2006, p. 379, § 16/HB 1059; Ga. L. 2021, p. 80, § 2/HB 258; Ga. L. 2023, p. 637, § 3-11/HB 188, effective May 4, 2023.

## Cross References

Sexual assault hearsay evidence for mentally incapacitated persons age 17 or older, § 24-8-827.

## Editor's Notes

Ga. L. 2023, p. 637, § 1-1/HB 188, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘Mariam’s Law.’”

Ga. L. 2023, p. 637, § 7-1/HB 188, not codified by the General Assembly, provides, in part, that the punishment provisions of subsection (e) shall apply to all offenses committed on and after July 1, 2023.

## Amendments

The 2021 amendment, effective July 1, 2021, added subsection (d).

The 2023 amendment, effective May 4, 2023, added subsection (e). See Editor’s notes for applicability.