16-6-1.
(a) A person commits the offense of rape when he has carnal
knowledge of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the
female sex organ by the male sex organ. The fact that the person
allegedly raped is the wife of the defendant shall not be a defense
to a charge of rape.
(b) A person convicted of the offense of rape shall be punished by
death, by imprisonment for life without parole, by imprisonment for
life, or by imprisonment for not less than ten nor more than 20
years. Any person convicted under this Code section shall, in
addition, be subject to the sentencing and punishment provisions of
Code Sections 17-10-6.1 and 17-10-7.
(c) When evidence relating to an allegation of rape is collected in
the course of a medical examination of the person who is the victim
of the alleged crime, the law enforcement agency investigating the
alleged crime shall be responsible for the cost of the medical
examination to the extent that expense is incurred for the limited
purpose of collecting evidence.
16-6-2.
[
Index ]
(a) A person commits the offense of sodomy when he or she performs
or submits to any sexual act involving the sex organs of one person
and the mouth or anus of another. A person commits the offense of
aggravated sodomy when he or she commits sodomy with force and
against the will of the other person or when he or she commits
sodomy with a person who is less than ten years of age. The fact
that the person allegedly sodomized is the spouse of a defendant
shall not be a defense to a charge of aggravated sodomy.
(b) A person convicted of the offense of sodomy shall be punished by
imprisonment for not less than one nor more than 20 years. A person
convicted of the offense of aggravated sodomy shall be punished by
imprisonment for life or by imprisonment for not less than ten nor
more than 30 years. Any person convicted under this Code section of
the offense of aggravated sodomy shall, in addition, be subject to
the sentencing and punishment provisions of Code Sections 17-10-6.1
and 17-10-7.
(c) When evidence relating to an allegation of aggravated sodomy is
collected in the course of a medical examination of the person who
is the victim of the alleged crime, the law enforcement agency
investigating the alleged crime shall be financially responsible for
the cost of the medical examination to the extent that expense is
incurred for the limited purpose of collecting evidence.
16-6-3.
[
Index ]
(a) A person commits the offense of statutory rape when he or she
engages in sexual intercourse with any person under the age of 16
years and not his or her spouse, provided that no conviction shall
be had for this offense on the unsupported testimony of the victim.
(b) A person convicted of the offense of statutory rape shall be
punished by imprisonment for not less than one nor more than 20
years; provided, however, that if the person so convicted is 21
years of age or older, such person shall be punished by imprisonment
for not less than ten nor more than 20 years; provided, further,
that if the victim is 14 or 15 years of age and the person so
convicted is no more than three years older than the victim, such
person shall be guilty of a misdemeanor.
16-6-4.
[
Index ]
(a) A person commits the offense of child molestation when he or she
does any immoral or indecent act to or in the presence of or with
any child under the age of 16 years with the intent to arouse or
satisfy the sexual desires of either the child or the person.
(b) A person convicted of a first offense of child molestation shall
be punished by imprisonment for not less than five nor more than 20
years. Upon such first conviction of the offense of child
molestation, the judge may probate the sentence; and such probation
may be upon the special condition that the defendant undergo a
mandatory period of counseling administered by a licensed
psychiatrist or a licensed psychologist. However, if the judge finds
that such probation should not be imposed, he or she shall sentence
the defendant to imprisonment; provided, further, that upon a
defendant´s being incarcerated on a conviction for such first
offense, the Department of Corrections shall provide counseling to
such defendant. Upon a second or subsequent conviction of an offense
of child molestation, the defendant shall be punished by
imprisonment for not less than ten years nor more than 30 years or
by imprisonment for life; provided, however, that prior to trial, a
defendant shall be given notice, in writing, that the state intends
to seek a punishment of life imprisonment. Adjudication of guilt or
imposition of sentence for a conviction of a second or subsequent
offense of child molestation, including a plea of nolo contendere,
shall not be suspended, probated, deferred, or withheld.
(c) A person commits the offense of aggravated child molestation
when such person commits an offense of child molestation which act
physically injures the child or involves an act of sodomy.
(d)(1) A person convicted of the offense of aggravated child
molestation shall be punished by imprisonment for not less than ten
nor more than 30 years. Any person convicted under this Code section
of the offense of aggravated child molestation shall, in addition,
be subject to the sentencing and punishment provisions of Code
Sections 17-10-6.1 and 17-10-7.
(2) The court sentencing a person who has been convicted of a first
offense of aggravated child molestation when the victim is 16 years
of age or younger at the time of the offense is authorized to
require, before sentencing, that the defendant undergo a psychiatric
evaluation to ascertain whether or not medroxyprogesterone acetate
chemical treatment or its equivalent would be effective in changing
the defendant´s behavior. If it is determined by a qualified mental
health professional that such treatment would be effective, the
court may require, as a condition of probation and upon provisions
arranged between the court and the defendant, the defendant to
undergo medroxyprogesterone acetate treatment or its chemical
equivalent which must be coupled with treatment by a qualified
mental health professional. In case of a person sentenced to
probation who is required to undergo such treatment or its chemical
equivalent and is in the custody of a law enforcement agency or
confined in a jail at the time of sentencing, when he or she becomes
eligible for probation, such person shall begin medroxyprogesterone
acetate treatment and counseling prior to his or her release from
custody or confinement. A person sentenced to probation who is
required to undergo such treatment and who is not in the custody of
a law enforcement agency or confined in a jail at the time of
sentencing shall be taken into custody or confined until treatment
can begin. Additional treatment may continue after such defendant´s
release from custody or confinement until the defendant demonstrates
to the court that such treatment is no longer necessary. No such
treatment shall be administered until such person has been fully
informed of the side effects of hormonal chemical treatment and has
consented to the treatment in writing. The administration of the
treatment shall conform to the procedures and conditions set out in
subsection (c) of Code Section 42-9-44.2.
(3) Any physician or qualified mental health professional who acts
in good faith in compliance with the provisions of this Code section
and subsection (c) of Code Section 42-9-44.2 in the administration
of treatment or provision of counseling provided for in this Code
section shall be immune from civil or criminal liability for his or
her actions in connection with such treatment or counseling.
16-6-5.
[
Index ]
(a) A person commits the offense of enticing a child for indecent
purposes when he or she solicits, entices, or takes any child under
the age of 16 years to any place whatsoever for the purpose of child
molestation or indecent acts.
(b) A person convicted of the offense of enticing a child for
indecent purposes shall be punished by imprisonment for not less
than one nor more than 20 years. Upon a first conviction of the
offense of enticing a child for indecent purposes, the judge may
probate the sentence; and such probation may be upon the special
condition that the defendant undergo a mandatory period of
counseling administered by a licensed psychiatrist or a licensed
psychologist. However, if the judge finds that such probation should
not be imposed, he shall sentence the defendant to imprisonment.
Upon a second or third conviction of such offense, the defendant
shall be punished by imprisonment for not less than five years. For
a fourth or subsequent conviction of the offense of enticing a child
for indecent purposes, the defendant shall be punished by
imprisonment for 20 years. Adjudication of guilt or imposition of
sentence for a conviction of a third, fourth, or subsequent offense
of enticing a child for indecent purposes, including a plea of nolo
contendere, shall not be suspended, probated, deferred, or withheld.
16-6-5.1.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Actor' means a person accused of sexual assault.
(2) 'Intimate parts' means the genital area, groin, inner thighs,
buttocks, or breasts of a person.
(3) 'Psychotherapy' means the professional treatment or counseling
of a mental or emotional illness, symptom, or condition.
(4) 'Sexual contact' means any contact for the purpose of sexual
gratification of the actor with the intimate parts of a person not
married to the actor.
(b) A probation or parole officer or other custodian or supervisor
of another person referred to in this Code section commits sexual
assault when he engages in sexual contact with another person who is
a probationer or parolee under the supervision of said probation or
parole officer or who is in the custody of law or who is enrolled in
a school or who is detained in or is a patient in a hospital or
other institution and such actor has supervisory or disciplinary
authority over such other person. A person convicted of sexual
assault shall be punished by imprisonment for not less than one nor
more than three years.
(c)(1) A person commits sexual assault when such person has
supervisory or disciplinary authority over another person and such
person engages in sexual contact with that other person who is:
(A) In the custody of law; or
(B) Detained in or is a patient in a hospital or other institution.
(2) A person commits sexual assault when, as an actual or purported
practitioner of psychotherapy, he or she engages in sexual contact
with another person who the actor knew or should have known is the
subject of the actor´s actual or purported treatment or counseling,
or, if the treatment or counseling relationship was used to
facilitate sexual contact between the actor and said person.
(3) Consent of the victim shall not be a defense to a prosecution
under this subsection.
(4) A person convicted of sexual assault under this subsection shall
be punished by imprisonment for not less than one nor more than
three years.
(d) A person who is an employee, agent, or volunteer at any facility
licensed or required to be licensed under Code Section 31-7-3,
relating to long-term care facilities, or Code Section 31-7-12,
relating to personal care homes, or who is required to be licensed
pursuant to Code Section 31-7-151 or 31-7-173, relating to home
health care and hospices, commits sexual assault when such person
engages in sexual contact with another person who has been admitted
to or is receiving services from such facility, person, or entity. A
person convicted of sexual assault pursuant to this subsection shall
be punished by imprisonment for not less than one nor more than five
years, or a fine of not more than $5,000.00, or both. Any violation
of this subsection shall constitute a separate offense.
16-6-6.
[
Index ]
(a) A person commits the offense of bestiality when he performs or
submits to any sexual act with an animal involving the sex organs of
the one and the mouth, anus, penis, or vagina of the other.
(b) A person convicted of the offense of bestiality shall be
punished by imprisonment for not less than one nor more than five
years.
16-6-7.
[
Index ]
(a) A person commits the offense of necrophilia when he performs any
sexual act with a dead human body involving the sex organs of the
one and the mouth, anus, penis, or vagina of the other.
(b) A person convicted of the offense of necrophilia shall be
punished by imprisonment for not less than one nor more than ten
years.
16-6-8.
[
Index ]
(a) A person commits the offense of public indecency when he or she
performs any of the following acts in a public place:
(1) An act of sexual intercourse;
(2) A lewd exposure of the sexual organs;
(3) A lewd appearance in a state of partial or complete nudity; or
(4) A lewd caress or indecent fondling of the body of another
person.
(b) A person convicted of the offense of public indecency as
provided in subsection (a) of this Code section shall be punished as
for a misdemeanor except as provided in subsection (c) of this Code
section.
(c) Upon a third or subsequent conviction for public indecency for
the violation of paragraph (2), (3), or (4) of subsection (a) of
this Code section, a person shall be guilty of a felony and shall be
punished by imprisonment for not less than one nor more than five
years.
(d) For the purposes of this Code section only, 'public place' shall
include jails and penal and correctional institutions of the state
and its political subdivisions.
(e) This Code section shall be cumulative to and shall not prohibit
the enactment of any other general and local laws, rules, and
regulations of state and local authorities or agencies and local
ordinances prohibiting such activities which are more restrictive
than this Code section.
16-6-9.
[
Index ]
A person commits the offense of prostitution when he or she performs
or offers or consents to perform a sexual act, including but not
limited to sexual intercourse or sodomy, for money or other items of
value.
16-6-10.
[
Index ]
A person having or exercising control over the use of any place or
conveyance which would offer seclusion or shelter for the practice
of prostitution commits the offense of keeping a place of
prostitution when he knowingly grants or permits the use of such
place for the purpose of prostitution.
16-6-11.
[
Index ]
A person commits the offense of pimping when he or she performs any
of the following acts:
(1) Offers or agrees to procure a prostitute for another;
(2) Offers or agrees to arrange a meeting of persons for the purpose
of prostitution;
(3) Directs or transports another person to a place when he or she
knows or should know that the direction or transportation is for the
purpose of prostitution;
(4) Receives money or other thing of value from a prostitute,
without lawful consideration, knowing it was earned in whole or in
part from prostitution; or
(5) Aids or abets, counsels, or commands another in the commission
of prostitution or aids or assists in prostitution where the
proceeds or profits derived therefrom are to be divided on a pro
rata basis.
16-6-12.
[
Index ]
A person commits the offense of pandering when he or she solicits a
person to perform an act of prostitution in his or her own behalf or
in behalf of a third person or when he or she knowingly assembles
persons at a fixed place for the purpose of being solicited by
others to perform an act of prostitution.
16-6-13.
[
Index ]
(a) Except as otherwise provided in subsection (b) of this Code
section, a person convicted of any of the offenses enumerated in
Code Sections 16-6-10 through 16-6-12 shall be punished as for a
misdemeanor of a high and aggravated nature. A person convicted of
the offense enumerated in Code Section 16-6-9 shall be punished as
for a misdemeanor.
(b) A person convicted of keeping a place of prostitution, pimping,
or pandering when such offense involves keeping a place of
prostitution for, the pimping for, or the solicitation of a person
under the age of 18 years to perform an act of prostitution or the
assembly of two or more persons under the age of 18 years at a fixed
place for the purpose of being solicited by others to perform an act
of prostitution shall be guilty of a felony and shall be punished by
imprisonment for a period of not less than five nor more than 20
years and such convicted person shall be fined not less than
$2,500.00 nor more than $10,000.00. Adjudication of guilt or
imposition of a sentence for a conviction of a second or subsequent
offense when such offense involves keeping a place of prostitution
for, the pimping for, or pandering of a person under the age of 18
years pursuant to this subsection, including a plea of nolo
contendere, shall not be suspended, probated, deferred, or withheld.
(c)(1) The clerk of the court in which a person is convicted of
pandering shall cause to be published a notice of conviction for
each such person convicted. Such notices of conviction shall be
published in the manner of legal notices in the legal organ of the
county in which such person resides or, in the case of nonresidents,
in the legal organ of the county in which the person was convicted.
Such notice of conviction shall be one column wide by two inches
long and shall contain the photograph taken by the arresting law
enforcement agency at the time of arrest, name, and address of the
convicted person and the date, time, place of arrest, and
disposition of the case and shall be published once in the legal
organ of the appropriate county in the second week following such
conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is
published pursuant to this subsection shall be assessed the cost of
publication of such notice and such assessment shall be imposed at
the time of conviction in addition to any other fine imposed
pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which
publishes a notice of conviction, and any other person involved in
the publication of an erroneous notice of conviction shall be immune
from civil or criminal liability for such erroneous publication,
provided such publication was made in good faith.
(d) In addition to any other penalty authorized under subsections
(a) and (b) of this Code section, a person convicted of an offense
enumerated in Code Sections 16-6-9 through 16-6-12 shall be fined
$2,500.00 if such offense was committed within 1,000 feet of any
school building, school grounds, public place of worship, or
playground or recreation center which is used primarily by persons
under the age of 17 years.
16-6-13.1.
[
Index ]
(a) Any term used in this Code section and defined in Code Section
31-22-9.1 shall have the meaning provided for such term in Code
Section 31-22-9.1.
(b) Upon a verdict or plea of guilty or a plea of nolo contendere to
the offense of pandering, the court in which that verdict is
returned or plea entered shall as a condition of probation or a
suspended sentence require the defendant in such case to submit to
testing for sexually transmitted diseases within 45 days following
the date of the verdict or plea and to consent to release of the
test results to the defendant´s spouse if the defendant is married;
provided, however, that a defendant who is not a resident of this
state shall, upon a verdict or plea of guilty or a plea of nolo
contendere, be ordered by the court to undergo immediate testing for
sexually transmitted diseases and shall remain in the custody of the
court until such testing is completed. The clerk of the court, in
the case of a defendant who is a resident of this state, shall mail,
within three days following the date of that verdict or plea, a copy
of that verdict or plea to the Department of Human Resources. The
tests for sexually transmitted diseases required under this
subsection shall be limited to the eight most common sexually
transmitted diseases as determined by the Department of Human
Resources.
(c) The Department of Human Resources, within 30 days following the
notification under subsection (b) of this Code section, shall
arrange for the tests for the person required to submit thereto.
Such person shall bear the costs of such tests.
(d) Any person required under this Code section to submit to testing
for sexually transmitted diseases who fails or refuses to submit to
the tests arranged pursuant to subsection (c) of this Code section
shall be subject to such measures deemed necessary by the court in
which the verdict was returned or plea entered to require voluntary
submission to the tests.
16-6-13.2.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Costs' means, but is not limited to:
(A) All expenses associated with the seizure, towing, storage,
maintenance, custody, preservation, operation, or sale of the motor
vehicle; and
(B) Satisfaction of any security interest or lien not subject to
forfeiture under this Code section.
(2) 'Court costs' means, but is not limited to:
(A) All court costs, including the costs of advertisement,
transcripts, and court reporter fees; and
(B) Payment of receivers, conservators, appraisers, accountants, or
trustees appointed by the court pursuant to this Code section.
(3) 'Governmental agency' means any department, office, council,
commission, committee, authority, board, bureau, or division of the
executive, judicial, or legislative branch of a state, the United
States, or any political subdivision thereof.
(4) 'Interest holder' means a secured party within the meaning of
Code Section 11-9-102 or the beneficiary of a perfected encumbrance
pertaining to an interest in a motor vehicle.
(5) 'Motor vehicle' or 'vehicle' means any motor vehicle as defined
in Code Section 40-1-1.
(6) 'Owner' means a person, other than an interest holder, who has
an interest in a motor vehicle and is in compliance with any statute
requiring its recordation or reflection in public records in order
to perfect the interest against a bona fide purchaser for value.
(7) 'Proceeds' means property derived directly or indirectly from,
maintained by, or realized through an act or omission and includes
any benefit, interest, or property of any kind without reduction for
expenses incurred for acquisition, maintenance, or any other
purpose.
(b)(1) An action filed pursuant to this Code section shall be filed
in the name of the State of Georgia and may be brought by the
prosecuting attorney having jurisdiction over any offense which
arose out of the same conduct which made the motor vehicle subject
to forfeiture. Such prosecuting attorney may bring an action
pursuant to this Code section in the superior court in the county
where the motor vehicle was seized or in the county where conduct
occurred which made the motor vehicle subject to forfeiture.
(2) Any action brought pursuant to this Code section may be
compromised or settled in the same manner as other civil actions.
(c)(1) Any motor vehicle operated by a person to facilitate a
violation of Code Section 16-6-11 where the offense involved the
pimping of a person under the age of 18 years to perform an act of
prostitution and involved a motor vehicle or operated by a person
who has been convicted of or pleaded nolo contendere for two
previous violations of Code Section 16-6-11 or 16-6-12 involving a
motor vehicle within a five-year period and who is convicted or
pleads nolo contendere to a third violation of Code Section 16-6-11
or 16-6-12 involving a motor vehicle within the same five-year
period is declared to be contraband and subject to forfeiture to the
state, as provided in this Code section.
(2) For the purpose of this subsection, a violation of Code Section
16-6-11 or 16-6-12 involving a motor vehicle shall mean a violation
of Code Section 16-6-11 or 16-6-12 in which a motor vehicle is used
to violate said Code section or in which the violation occurred.
(d) A property interest shall not be subject to forfeiture under
this Code section if the owner of such interest or interest holder
establishes that such owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its
forfeiture, did not consent to it, and did not know of the conduct;
(2) Holds the motor vehicle jointly or in common with a person whose
conduct gave rise to its forfeiture and such owner did not consent
to such conduct and did not know of the conduct;
(3) Does not hold the motor vehicle for the benefit of or as nominee
for any person whose conduct gave rise to its forfeiture, and, if
the owner or interest holder acquired the interest through any such
person, the owner or interest holder acquired it as a bona fide
purchaser for value without knowingly taking part in an illegal
transaction; or
(4) Acquired the interest:
(A) Before the conduct giving rise to its forfeiture, and the person
whose conduct gave rise to its forfeiture did not have the authority
to convey the interest to a bona fide purchaser for value at the
time of the conduct; or
(B) After the completion of the conduct giving rise to its
forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part
in an illegal transaction; and
(ii) At the time the interest was acquired, was reasonably without
cause to believe that the motor vehicle was subject to forfeiture or
likely to become subject to forfeiture under this Code section.
(e)(1) Upon learning of the address or phone number of the company
which owns any rented or leased vehicle which is present at the
scene of an arrest or other action taken pursuant to this Code
section, the seizing law enforcement agency shall immediately
contact the company to inform it that the vehicle is available for
the company to take possession.
(2) In any case where a vehicle which is the only family vehicle is
determined to be subject to forfeiture, the court may, if it
determines that the financial hardship to the family as a result of
the forfeiture and sale outweighs the benefit to the state from such
forfeiture, order the title to the vehicle transferred to such other
family member who is a duly licensed operator and who requires the
use of such vehicle for employment or family transportation
purposes. Such transfer shall be subject to any valid liens and
shall be granted only once.
(f)(1) A motor vehicle which is subject to forfeiture under this
Code section may be seized by any law enforcement officer of this
state or of any political subdivision thereof who has power to make
arrests or execute process or a search warrant issued by any court
having jurisdiction over the motor vehicle. A search warrant
authorizing seizure of a motor vehicle which is subject to
forfeiture pursuant to this Code section may be issued on an
affidavit demonstrating that probable cause exists for its
forfeiture or that the motor vehicle has been the subject of a
previous final judgment of forfeiture in the courts of this state.
The court may order that the motor vehicle be seized on such terms
and conditions as are reasonable.
(2) A motor vehicle which is subject to forfeiture under this Code
section may be seized without process if there is probable cause to
believe that the motor vehicle is subject to forfeiture under this
Code section or the seizure is incident to an arrest or search
pursuant to a search warrant or to an inspection under an inspection
warrant.
(g)(1) When a motor vehicle is seized pursuant to this Code section,
the sheriff or law enforcement officer seizing the same shall report
the fact of seizure, in writing, within 20 days thereof to the
prosecuting attorney of the county where the seizure was made.
(2) Within 30 days from the date of seizure, a complaint for
forfeiture shall be initiated as provided for in subsection (l) or
(m) of this Code section.
(3) If the state fails to initiate forfeiture proceedings against a
motor vehicle seized for forfeiture by notice of pending forfeiture
within the time limits specified in paragraphs (1) and (2) of this
subsection, the motor vehicle must be released on the request of an
owner or interest holder, pending further proceedings pursuant to
this Code section, unless the motor vehicle is being held as
evidence.
(h)(1) Seizure of a motor vehicle by a law enforcement officer
constitutes notice of such seizure to any person who was present at
the time of seizure who may assert an interest in the motor vehicle.
(2) When a motor vehicle is seized pursuant to this Code section,
the prosecuting attorney, sheriff, or law enforcement officer
seizing the same shall give notice of the seizure to any owner or
interest holder who is not present at the time of seizure by
personal service, publication, or the mailing of written notice:
(A) If the owner´s or interest holder´s name and current address are
known, by either personal service or mailing a copy of the notice by
certified mail or statutory overnight delivery to that address;
(B) If the owner´s or interest holder´s name and address are
required by law to be on record with a government agency to perfect
an interest in the motor vehicle but the owner´s or interest
holder´s current address is not known, by mailing a copy of the
notice by certified mail or statutory overnight delivery, return
receipt requested, to any address on the record; or
(C) If the owner´s or interest holder´s address is not known and is
not on record as provided in subparagraph (B) of this paragraph or
the owner´s or interest holder´s interest is not known, by
publication in two consecutive issues of a newspaper of general
circulation in the county in which the seizure occurs.
(3) Notice of seizure must include a description of the motor
vehicle, the date and place of seizure, the conduct giving rise to
forfeiture, and the violation of law alleged.
(i) A motor vehicle taken or detained under this Code section is not
subject to replevin, conveyance, sequestration, or attachment. The
seizing law enforcement agency or the prosecuting attorney may
authorize the release of the motor vehicle if the forfeiture or
retention is unnecessary or may transfer the action to another
agency or prosecuting attorney by discontinuing forfeiture
proceedings in favor of forfeiture proceedings initiated by the
other law enforcement agency or prosecuting attorney. An action
under this Code section may be consolidated with any other action or
proceeding under this title relating to the same motor vehicle on
motion by an interest holder and must be so consolidated on motion
by the prosecuting attorney in either proceeding or action. The
motor vehicle is deemed to be in the custody of the State of Georgia
subject only to the orders and decrees of the superior court having
jurisdiction over the forfeiture proceedings.
(j) If a motor vehicle is seized under this Code section, the
prosecuting attorney may:
(1) Remove the motor vehicle to a place designated by the superior
court having jurisdiction over the forfeiture proceeding;
(2) Remove the motor vehicle to a storage area, within the
jurisdiction of the court, for safekeeping;
(3) Provide for another governmental agency, a receiver appointed by
the court pursuant to Chapter 8 of Title 9, an owner, or an interest
holder to take custody of the motor vehicle and remove it to an
appropriate location within the county where the motor vehicle was
seized; or
(4) Require the sheriff or chief of police of the political
subdivision where the motor vehicle was seized to take custody of
the motor vehicle and remove it to an appropriate location for
disposition in accordance with law.
(k) As soon as possible, but not more than 30 days after the seizure
of a motor vehicle, the seizing law enforcement agency shall
estimate the value of the motor vehicle seized.
(l) If the estimated value of the motor vehicle seized is $25,000.00
or less, the prosecuting attorney may elect to proceed under the
provisions of this subsection in the following manner:
(1) Notice of the seizure of such motor vehicle shall be posted in a
prominent location in the courthouse of the county in which the
motor vehicle was seized. Such notice shall include a description of
the motor vehicle, the date and place of seizure, the conduct giving
rise to forfeiture, a statement that the owner of such motor vehicle
has 30 days within which a claim must be filed, and the violation of
law alleged;
(2) A copy of the notice, which shall include a statement that the
owner of such motor vehicle has 30 days within which a claim must be
filed, shall be served upon an owner, interest holder, or person in
possession of the motor vehicle at the time of seizure as provided
in subsection (h) of this Code section and shall be published for at
least three successive weeks in a newspaper of general circulation
in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days
after the second publication of the notice of forfeiture by sending
the claim to the seizing law enforcement agency and to the
prosecuting attorney by certified mail or statutory overnight
delivery, return receipt requested;
(4) The claim must be signed by the owner or interest holder under
penalty of perjury and must set forth:
(A) The caption of the proceedings as set forth on the notice of
pending forfeiture and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant´s interest in the motor
vehicle;
(D) The date, identity of the transferor, and circumstances of the
claimant´s acquisition of the interest in the motor vehicle;
(E) The specific provision of this Code section relied on in
asserting that the motor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought;
(5) If a claim is filed, the prosecuting attorney shall file a
complaint for forfeiture as provided in subsection (m) of this Code
section within 30 days of the actual receipt of the claim. A person
who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the second publication
of the notice of forfeiture, all right, title, and interest in the
motor vehicle is forfeited to the state and the prosecuting attorney
shall dispose of the motor vehicle as provided in subsection (s) of
this Code section.
(m)(1) When a complaint is filed pursuant to this Code section, the
motor vehicle which is the subject of the action shall be named as
the defendant and the action shall be in rem. The complaint shall be
verified on oath or affirmation by a duly authorized agent of the
state in a manner required by the laws of this state. Such complaint
shall describe the motor vehicle with reasonable particularity;
state that it is located within the county or will be located within
the county during the pendency of the action; state its present
custodian; state the name of the owner or interest holder, if known;
allege the essential elements of the violation which is claimed to
exist; state the place of seizure, if the motor vehicle was seized;
and conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any
person known to be an owner or interest holder and any person who
was in possession of the motor vehicle at the time of seizure:
(A) Service of the complaint and summons shall be as provided in
subsections (a), (b), (c), and (d) of Code Section 9-11-4;
(B) If the owner, interest holder, or person who was in possession
of the motor vehicle at the time of seizure is unknown or resides
out of the state or departs the state or cannot after due diligence
be found within the state or conceals himself or herself so as to
avoid service, notice of the proceeding shall be published once a
week for two successive weeks in the newspaper in which the
sheriff´s advertisements are published. Such publication shall be
deemed notice to any and all persons having an interest in or right
affected by such proceeding and from any sale of the motor vehicle
resulting therefrom, but shall not constitute notice to an interest
holder unless that person is unknown or resides out of the state or
departs the state or cannot after due diligence be found within the
state or conceals himself or herself to avoid service; and
(C) If a motor vehicle which has not been seized is the subject of
the action, the court may order the sheriff or another law
enforcement officer to take possession of the motor vehicle.
(3) An owner of or interest holder in the motor vehicle may file an
answer asserting a claim against the motor vehicle in the action in
rem. Any such answer shall be filed within 30 days after the service
of the summons and complaint. Where service is made by publication
and personal service has not been made, an owner or interest holder
shall file an answer within 30 days of the date of final
publication. An answer must be verified by the owner or interest
holder under penalty of perjury. In addition to complying with the
general rules applicable to an answer in civil actions, the answer
must set forth:
(A) The caption of the proceedings as set forth in the complaint and
the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant´s interest in the motor
vehicle;
(D) The date, identity of transferor, and circumstances of the
claimant´s acquisition of the interest in the motor vehicle;
(E) The specific provision of this Code section relied on in
asserting that the motor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought.
(4) If at the expiration of the period set forth in paragraph (3) of
this subsection no answer has been filed, the court shall order the
disposition of the seized motor vehicle as provided for in this Code
section.
(5) If an answer is filed, a hearing must be scheduled by the court
to be held within 60 days after service of the complaint unless
continued for good cause and must be held by the court without a
jury.
(n) No person claiming an interest in a motor vehicle subject to
forfeiture under this Code section may intervene in a trial or
appeal of a criminal action.
(o) In conjunction with any civil or criminal action brought
pursuant to this Code section:
(1) The court, on application of the prosecuting attorney, may enter
any restraining order or injunction; require the execution of
satisfactory performance bonds; appoint receivers, conservators,
appraisers, accountants, or trustees; or take any action to seize,
secure, maintain, or preserve the availability of a motor vehicle
subject to forfeiture under this Code section, including issuing a
warrant for its seizure and writ of attachment, whether before or
after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be
entered on application of the prosecuting attorney, without notice
or an opportunity for a hearing, if the prosecuting attorney
demonstrates that:
(A) There is probable cause to believe that the motor vehicle with
respect to which the order is sought, in the event of final judgment
or conviction, would be subject to forfeiture under this Code
section; and
(B) Provision of notice would jeopardize the availability of the
motor vehicle for forfeiture;
(3) Notice of the entry of a restraining order and an opportunity
for a hearing must be afforded to persons known to have an interest
in the motor vehicle. The hearing must be held at the earliest
possible date consistent with the date set in subsection (b) of Code
Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue
of forfeiture and that failure to enter the order will result in the
motor vehicle´s being destroyed, conveyed, encumbered, removed from
the jurisdiction of the court, concealed, or otherwise made
unavailable for forfeiture; and
(B) The need to preserve the availability of the motor vehicle
through the entry of the requested order outweighs the hardship on
any owner or interest holder against whom the order is to be
entered;
(4) If a motor vehicle is seized for forfeiture without a previous
judicial determination of probable cause or order of forfeiture or a
hearing under paragraph (2) of this subsection, the court, on an
application filed by an owner of or interest holder in the motor
vehicle within 30 days after notice of its seizure or actual
knowledge of such seizure, whichever is earlier, and complying with
the requirements for an answer to an in rem complaint, and after
five days´ notice to the prosecuting attorney where the motor
vehicle was seized, may issue an order to show cause to the seizing
law enforcement agency for a hearing on the sole issue of whether
probable cause for forfeiture of the motor vehicle then exists. The
hearing must be held within 30 days unless continued for good cause
on motion of either party. If the court finds that there is no
probable cause for forfeiture of the motor vehicle, the motor
vehicle must be released pending the outcome of a judicial
proceeding which may be filed pursuant to this Code section; and
(5) The court may order a motor vehicle that has been seized for
forfeiture to be sold to satisfy a specified interest of any
interest holder, on motion of any party, and after notice and a
hearing, on the conditions that:
(A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the
jurisdiction of a governmental agency of this state or of the United
States which regulates financial institutions, securities,
insurance, or real estate; or
(ii) Has an interest that the prosecuting attorney has stipulated is
exempt from forfeiture;
(B) The interest holder must dispose of the motor vehicle by
commercially reasonable public sale and apply the proceeds first to
its interest and then to its reasonable expenses incurred in
connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the
actual or constructive custody of the court, in an interest-bearing
account, subject to further proceedings under this Code section.
(p) A defendant convicted in any criminal proceeding is precluded
from later denying the essential allegations of the criminal offense
of which the defendant was convicted in any proceeding pursuant to
this Code section, regardless of the pendency of an appeal from that
conviction; however, evidence of the pendency of an appeal is
admissible. For the purposes of this Code section, a conviction
results from a verdict or plea of guilty, including a plea of nolo
contendere.
(q) In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any determination
of probable cause or reasonable cause, all evidence admissible in
determining probable cause at a preliminary hearing together with
inferences therefrom;
(2) There is a rebuttable presumption that any motor vehicle of a
person is subject to forfeiture under this Code section if the state
establishes probable cause to believe that the person has engaged in
conduct giving rise to forfeiture while using or operating said
motor vehicle;
(3) In any contested proceeding to determine if a motor vehicle
should be forfeited as provided in this Code section, the
prosecuting attorney on behalf of the state must prove that the
vehicle is subject to forfeiture pursuant to subsection (c) of this
Code section by a preponderance of the evidence; and
(4) In any contested proceeding to determine if a motor vehicle
should be forfeited as provided in this Code section, an owner of a
property interest or interest holder must prove that the property is
exempted from forfeiture pursuant to subsection (d) of this Code
section by a preponderance of the evidence.
(r)(1) Any motor vehicle declared to be forfeited under this Code
section vests in this state at the time of commission of the conduct
giving rise to forfeiture together with the proceeds of the motor
vehicle after that time. Any motor vehicle or proceeds transferred
later to any person remain subject to forfeiture and thereafter must
be ordered to be forfeited unless the transferee claims and
establishes in a hearing under this Code section that the transferee
is a bona fide purchaser for value and the transferee´s interest is
exempt under subsection (d) of this Code section.
(2) On entry of judgment for a person claiming an interest in the
motor vehicle that is subject to proceedings to forfeit a motor
vehicle under this Code section, the court shall order that the
motor vehicle or interest in the motor vehicle be released or
delivered promptly to that person.
(s)(1) When a motor vehicle is forfeited under this Code section,
the court may:
(A) Order the motor vehicle to be sold, and the proceeds of such
sale shall be used for payment of all expenses of the forfeiture and
sale including, but not limited to, the expenses of seizure, towing,
maintenance of custody, advertising, and court costs. The remainder
of the proceeds of a sale of a forfeited motor vehicle, after
payment of the expenses, shall be expended by the local governing
authority for drug treatment, rehabilitation, prevention, or
education or any other program which responds to problems created by
drug or substance abuse; or
(B) Upon application of the seizing law enforcement agency or any
other law enforcement agency of state, county, or municipal
government permit the agency to retain the motor vehicle for
official use in law enforcement work.
(2) Where a motor vehicle is to be sold pursuant to this subsection,
the court may direct that such motor vehicle be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9;
provided, however, that the court may establish a minimum acceptable
price for such motor vehicle; or
(B) Any commercially feasible means.
(t) An acquittal or dismissal in a criminal proceeding shall
preclude civil proceedings under this Code section.
(u) For good cause shown, the court may stay civil forfeiture
proceedings during the pendency of a related criminal action
resulting from a violation of this chapter.
(v) This Code section must be liberally construed to effectuate its
remedial purposes.
16-6-13.3.
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(a) Any proceeds or money which is used, intended for use, used in
any manner to facilitate, or derived from a violation of Code
Section 16-6-11, wherein any of the persons involved in performing
an act of prostitution is under the age of 18, is contraband and
forfeited to the state and no person shall have a property interest
in it. Such proceeds or money may be seized or detained in the same
manner as provided in Code Section 16-13-49 and shall not be subject
to replevin, conveyance, sequestration, or attachment.
(b) Within 60 days of the date of the seizure of proceeds or money
pursuant to this Code section, the district attorney shall initiate
forfeiture or other proceedings as provided in Code Section
16-13-49. An owner or interest holder, as defined by subsection (a)
of Code Section 16-13-49, may establish as a defense to the
forfeiture of proceeds or money which is subject to forfeiture under
this Code section the applicable provisions of subsection (e) or (f)
of Code Section 16-13-49. Proceeds or money which is forfeited
pursuant to this Code section shall be disposed of and distributed
as provided in Code Section 16-13-49, provided that no less than 50
percent of the money and proceeds forfeited under this Code section
shall be distributed to the local governing authority to be
distributed to local or state-wide programs serving the child
victims of the crime which are funded or operated by state or local
governmental agencies.
(c) If the proceeds or money subject to forfeiture cannot be
located; has been transferred or conveyed to, sold to, or deposited
with a third party; is beyond the jurisdiction of the court; has
been substantially diminished in value while not in the actual
physical custody of a receiver or governmental agency directed to
maintain custody of the proceeds or money; or has been commingled
with other property that cannot be divided without difficulty, the
court shall order the forfeiture of any proceeds or money of a
claimant or defendant up to the value of proceeds or money found by
the court to be subject to forfeiture under this Code section in
accordance with the procedures set forth in subsection (x) of Code
Section 16-13-49.
(d) The provisions of paragraphs (3), (4), and (5) of subsection (x)
and subsection (z) of Code Section 16-13-49 shall be applicable to
any proceedings brought pursuant to this Code section.
16-6-14.
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A person commits the offense of pandering by compulsion when he or
she by duress or coercion causes a person to perform an act of
prostitution and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years.
16-6-15.
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(a) A person commits the offense of solicitation of sodomy when he
solicits another to perform or submit to an act of sodomy. Except as
provided in subsection (b) of this Code section, a person convicted
of solicitation of sodomy shall be punished as for a misdemeanor.
(b) A person convicted of solicitation of sodomy when such offense
involves the solicitation of a person or persons under the age of 18
years to perform or submit to an act of sodomy for money shall be
guilty of a felony and shall be punished by imprisonment for a
period of not less than five nor more than 20 years and shall be
fined not less than $2,500.00 nor more than $10,000.00.
16-6-16.
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(a) A person, including a masseur or masseuse, commits the offense
of masturbation for hire when he erotically stimulates the genital
organs of another, whether resulting in orgasm or not, by manual or
other bodily contact exclusive of sexual intercourse or by
instrumental manipulation for money or the substantial equivalent
thereof.
(b) A person committing the offense of masturbation for hire shall
be guilty of a misdemeanor.
16-6-17.
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(a) It shall be unlawful for any masseur or masseuse to massage any
person in any building, structure, or place used for the purpose of
lewdness, assignation, prostitution, or masturbation for hire.
(b) As used in this Code section, the term:
(1) 'Masseur' means a male who practices massage or physiotherapy,
or both.
(2) 'Masseuse' means a female who practices massage or
physiotherapy, or both.
(c) Any person who violates this Code section shall be guilty of a
misdemeanor.
16-6-18.
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An unmarried person commits the offense of fornication when he
voluntarily has sexual intercourse with another person and, upon
conviction thereof, shall be punished as for a misdemeanor.
16-6-19.
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A married person commits the offense of adultery when he voluntarily
has sexual intercourse with a person other than his spouse and, upon
conviction thereof, shall be punished as for a misdemeanor.
16-6-20.
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(a) A person commits the offense of bigamy when he, being married
and knowing that his lawful spouse is living, marries another person
or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has
been continually absent for a period of seven years, during which
time the accused did not know the prior spouse to be alive, or that
the accused reasonably believed he was eligible to remarry.
(c) A person convicted of the offense of bigamy shall be punished by
imprisonment for not less than one nor more than ten years.
16-6-21.
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(a) An unmarried man or woman commits the offense of marrying a
bigamist when he marries a person whom he knows to be the wife or
husband of another.
(b) It shall be an affirmative defense that the prior spouse of the
bigamist has been continually absent for a period of seven years,
during which time the accused did not know the prior spouse of the
bigamist to be alive, or that the accused reasonably believed the
bigamist was eligible to remarry.
(c) A person convicted of the offense of marrying a bigamist shall
be punished by imprisonment for not less than one nor more than ten
years.
16-6-22.
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Index ]
(a) A person commits the offense of incest when he engages in sexual
intercourse with a person to whom he knows he is related either by
blood or by marriage as follows:
(1) Father and daughter or stepdaughter;
(2) Mother and son or stepson;
(3) Brother and sister of the whole blood or of the half blood;
(4) Grandparent and grandchild;
(5) Aunt and nephew; or
(6) Uncle and niece.
(b) A person convicted of the offense of incest shall be punished by
imprisonment for not less than one nor more than 20 years.
16-6-22.1.
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(a) For the purposes of this Code section, the term 'intimate parts'
means the primary genital area, anus, groin, inner thighs, or
buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he
intentionally makes physical contact with the intimate parts of the
body of another person without the consent of that person.
(c) Except as otherwise provided in this Code section, a person
convicted of the offense of sexual battery shall be punished as for
a misdemeanor of a high and aggravated nature.
(d) A person convicted of the offense of sexual battery against any
child under the age of 16 years shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not
less than one nor more than five years.
16-6-22.2.
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(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 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 not less than ten nor more
than 20 years. Any person convicted under this Code section shall,
in addition, be subject to the sentencing and punishment provisions
of Code Sections 17-10-6.1 and 17-10-7.
16-6-23.
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(a) It shall be unlawful for any news media or any other person to
print and publish, broadcast, televise, or disseminate through any
other medium of public dissemination or cause to be printed and
published, broadcast, televised, or disseminated in any newspaper,
magazine, periodical, or other publication published in this state
or through any radio or television broadcast originating in the
state the name or identity of any female who may have been raped or
upon whom an assault with intent to commit the offense of rape may
have been made.
(b) This Code section does not apply to truthful information
disclosed in public court documents open to public inspection.
(c) Any person or corporation violating this Code section shall be
guilty of a misdemeanor.
16-6-24.
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Nothing contained in this chapter shall prevent any county or
municipality from adopting ordinances which proscribe loitering or
related activities in public for the purpose of procuring others to
engage in any sexual acts for hire.
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