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Incest Defense

Like all sex crimes an Incest charge will likely cause damage to your career, reputation, and life in general. A mere accusation can have damning effects across every facet of your life unless you dispatch of this charge from the very beginning. 

Incest - O.C.G.A. § 16-6-22

A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows:

(1) Father and child or stepchild;

(2) Mother and child or stepchild;

(3) Siblings of the whole blood or of the half blood;

(4) Grandparent and grandchild of the whole blood or of the half blood;

(5) Aunt and niece or nephew of the whole blood or of the half blood; or

(6) Uncle and niece or nephew of the whole blood or of the half blood. 

Incest Explained

So, what does the law say? First, it it should be pointed out that in this area of the law the term "sodomy" means any sexual act involving the sex organs of one person and the mouth or anus of another. Essentially oral or anal sex. 

Georgia criminalized any act of sexual intercourse or sodomy between the accused and their mother, father, child, or stepchild. Further any sodomy or sexual intercourse between both whole siblings and half-siblings is prohibited. Next, it is forbidden by law for there to be any sexual intercourse between grandparents and grandchildren, whether they be whole blood relatives or half blood relatives. Finally, it is prohibited for there to be any sexual intercourse or sodomy between aunts, uncles, and nephews or nieces, whether whole blood or half blood. 

Notably missing from this list in Georgia are cousins, even first cousins. Georgia has not criminalized acts of intercourse or sodomy between cousins. 

Penalties for Incest

Incest in Georgia is a felony and the standard range of punishment upon conviction of incest is a minimum of ten years and a maximum of thirty years in prison. In Georgia, however, if the defendant is convicted of incest with a child under the age of fourteen, then the punishment increases to a minimum of twenty-five years and maximum of fifty years in the state prison system. Finally, the defendant is subject to special sentencing provision that Georgia imposes on sexual offenders. Including, but not limited to, not being eligible for a first offender sentence. 

Contact Us

So, if you are facing these serious charges do not fight alone. Contact us today, come talk with Ryan, and let him fight for you.