2025 Georgia Codes – Page 52

Amended 2024
(a) 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 by
blood, by adoption, 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 or by virtue of adoption;
(4) Grandparent and grandchild of the whole blood or of the half blood or by virtue of adoption;
(5) Aunt and niece or nephew of the whole blood or of the half blood or by virtue of adoption; or
(6) Uncle and niece or nephew of the whole blood or of the half blood or by virtue of adoption.
(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor
more than 30 years; provided, however, that any person convicted of the offense of incest under this subsec-
tion with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more
than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be
subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c)(1) As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in para-
graph (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 incest
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 monitor-
ing as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.