(Code 1981, §16-5-110, enacted by Ga. L. 2005, p. 467, § 1/HB 188; Ga. L. 2006, p. 72, § 16/SB 465; Ga. L. 2006, p. 379, § 7/HB 1059; Ga. L. 2007, p. 47, § 16/SB 103.)
Code Commission notes.- The amendment of this Code section by Ga. L. 2006, p. 72, § 16/SB 465, irreconcilably conflicted with and was treated as superseded by Ga. L. 2006, p. 379, § 7. See County of Butts v. Strahan, 151 Ga. 417 (1921).
Editor's notes.- Ga. L. 2006, p. 379, § 1/SB 465, not codified by the General Assembly, provides that: "The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
"(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space;
"(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;
"(3) Providing for community and public notification concerning the presence of sexual offenders;
"(4) Collecting data relative to sexual offenses and sexual offenders;
"(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and
"(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer.
"The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender."
Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."
Law reviews.- For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).
CHAPTER 6 SEXUAL OFFENSESSec.
- Actions for childhood sexual abuse, § 9-3-33.1.
Sexual assault protocol, T. 15, C. 24.
Obscenity and related offenses, § 16-12-80 et seq.
Examination of sexual assault victims, § 35-1-2.
Law reviews.- For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For annual survey of criminal law and procedure, see 35 Mercer L. Rev. 103 (1983). For article, "Gender and Justice in the Courts: A Report to the Supreme Court of Georgia by the Commission on Gender Bias in the Judicial System," see 8 Ga. St. U. L. Rev. 539 (1992). For article, "Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution Church, State and Sex Crimes: What Place for Traditional Sexual Morality in Modern Liberal Societies?," see 68 Emory L.J. 837 (2019). For article, "Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution the Problems with Pornography Regulation: Lessons from History," see 68 Emory L.J. 867 (2019). For article, "Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution Changing Faces: Morphed Child Pornography Images and the First Amendment," see 68 Emory L.J. 909 (2019). For note on the 1994 amendments of Code Sections 16-6-1 to 16-6-2, 16-6-4, 16-6-22.2 of this chapter, see 11 Ga. St. U. L. Rev. 159 (1994). For note, "A Modern Day Arthur Dimmesdale: Public Notification When Sex Offenders Are Released into the Community," see 12 Ga. St. U. L. Rev. 1187 (1995). For note on civil commitment and the right to treatment of sexually violent predators, see 32 Ga. L. Rev. 1261 (1998).
JUDICIAL DECISIONS
Admissible evidence.
- In crimes involving sexual offenses, evidence of similar previous transactions is admissible to show the lustful disposition of the defendant and to corroborate the testimony of the victim as to the act charged. Felts v. State, 154 Ga. App. 571, 269 S.E.2d 73 (1980); Phelps v. State, 158 Ga. App. 219, 279 S.E.2d 513 (1981); Green v. State, 177 Ga. App. 591, 340 S.E.2d 195 (1986).
Cited in Giles v. State, 143 Ga. App. 558, 239 S.E.2d 168 (1977); City of Atlanta v. McCary, 245 Ga. 582, 266 S.E.2d 193 (1980).
RESEARCH REFERENCESDefense to Charges of Sex Offense, 24 POF2d 515.
Damages for Sexual Assault, 15 POF3d 259.
Sexual Organ Injuries: Male Genitalia, 70 POF3d 229.
Representing Sex Offenders and the "Chemical Castration Defense," 34 Am. Jur. Trials 1.
When Clergy Fail Their Flock: Litigating the Clergy Sexual Abuse Case, 91 Am. Jur. Trials 151.
ALR.
- Subsequent marriage as bar to prosecution for rape, 9 A.L.R. 339.
Civil liability for carnal knowledge with actual consent of girl under age of consent, 79 A.L.R. 1229.
Former acquittal or conviction under indictment or other information for rape or other sexual offense which does not allege that female was under age of consent as bar to subsequent prosecution under indictment or information which alleges that she was under age of consent; and vice versa, 119 A.L.R. 1205.
Admissibility, in prosecution for sexual offense, of evidence of other similar offenses, 167 A.L.R. 565; 77 A.L.R.2d 841.
Indecent proposal to woman as assault, 12 A.L.R.2d 971.
Statutes relating to sexual psychopaths, 24 A.L.R.2d 350.
Validity and construction of statute or ordinances forbidding treatment in health clubs or massage salons by persons of the opposite sex, 51 A.L.R.3d 936.
Antagonistic defenses as ground for separate trials of codefendants in criminal case, 82 A.L.R.3d 245.
What constitutes offense of "sexual battery,", 87 A.L.R.3d 1250.
Remoteness in time of other similar offenses committed by accused as affecting admissibility of evidence thereof in prosecution for sex offense, 88 A.L.R.3d 8.
Time element as affecting admissibility of statement or complaint made by victim of sex crime as res gestae, spontaneous exclamation, or excited utterance, 89 A.L.R.3d 102.
Propriety of, or prejudicial effect of omitting or of giving, instruction to jury, in prosecution for rape or other sexual offense, as to ease of making or difficulty of defending against such a charge, 92 A.L.R.3d 866.
What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 A.L.R.3d 280.
Admissibility, in rape case, of evidence that accused raped or attempted to rape person other than prosecutrix, 2 A.L.R.4th 330.
Admissibility, weight, and sufficiency of blood-grouping tests in criminal cases, 2 A.L.R.4th 500.
Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.
Necessity or permissibility of mental examination to determine competency or credibility of complainant in sexual offense prosecution, 45 A.L.R.4th 310.
Imputation of criminal, abnormal, or otherwise offensive sexual attitude or behavior as defamation - post-New York Times cases, 57 A.L.R.4th 404.
Conviction of rape or related sexual offenses on basis of intercourse accomplished under the pretext of, or in the course of, medical treatment, 65 A.L.R.4th 1064.
Impeachment or cross-examination of prosecuting witness in sexual offense trial by showing that prosecuting witness threatened to make similar charges against other persons, 71 A.L.R.4th 448.
Impeachment or cross-examination of prosecuting witness in sexual offense trial by showing that similar charges were made against other persons, 71 A.L.R.4th 469.
Admissibility, in prosecution for sex-related offense, of results of tests on semen or seminal fluids, 75 A.L.R.4th 897.
Admissibility in prosecution for sex offense of evidence of victim's sexual activity after the offense, 81 A.L.R.4th 1076.
Denial or restriction of visitation rights to parent charged with sexually abusing child, 1 A.L.R.5th 776.
Propriety of publishing identity of sexual assault victim, 40 A.L.R.5th 787.
Sufficiency of allegations or evidence of victim's mental injury or emotional distress to support charge of aggravated degree of rape, sodomy, or other sexual offense, 44 A.L.R.5th 651.