Georgia Statutes
§ 16-6-1 — Rape
Georgia § 16-6-1
JurisdictionGeorgia
Title16
This text of Georgia § 16-6-1 (Rape) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 16-6-1 (2026).
Text
(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 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. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisio
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Related
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Reid v. the State
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Kado Renfro v. State
824 S.E.2d 75 (Court of Appeals of Georgia, 2019)
Martinez v. State
805 S.E.2d 44 (Supreme Court of Georgia, 2017)
Price v. State
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Reynolds v. State
406 S.E.2d 553 (Court of Appeals of Georgia, 1991)
ARELLANO-CAMPOS v. State
705 S.E.2d 323 (Court of Appeals of Georgia, 2011)
Caplinger v. State
364 S.E.2d 610 (Court of Appeals of Georgia, 1988)
Jones v. State
360 S.E.2d 622 (Court of Appeals of Georgia, 1987)
Gido v. State
454 S.E.2d 201 (Court of Appeals of Georgia, 1995)
Brady v. State
426 S.E.2d 15 (Court of Appeals of Georgia, 1992)
DAVIS v. the STATE.
820 S.E.2d 791 (Court of Appeals of Georgia, 2018)
Henry v. State
342 S.E.2d 499 (Court of Appeals of Georgia, 1986)
Ellis v. State
354 S.E.2d 15 (Court of Appeals of Georgia, 1987)
Mingo v. State
394 S.E.2d 104 (Court of Appeals of Georgia, 1990)
Legislative History
Amended by 2023 Ga. Laws 347,§ 3-4, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023. Amended by 2011 Ga. Laws 53,§ 1, eff. 7/1/2011. Amended by 2006 Ga. Laws 571,§ 8, eff. 7/1/2006.
Nearby Sections
15
§ 16-1-1
Short title§ 16-1-2
Purposes of title§ 16-1-3
Definitions§ 16-10-1
Violation of oath by public officer§ 16-10-2
BriberyCite This Page — Counsel Stack
Bluebook (online)
Georgia § 16-6-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/16-6-1.