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Samuel II
Samuel II, Attorney at Law
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i need toknow about the laws pertaining to sodomy. powell

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i need toknow about the laws pertaining to sodomy. powell versus the state of ga.
my son is in jail for sodomy. Is it because it was done behind a building at night no one
saw it happened, considered a public place. Because he was a police officer he also was
charged with oath of office. he is in jail at coffee correction facility in nicholls ga.
I know you will probably need more informationI just don!t know what to say Iam his mother not a stranger.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

I am sorry you are experiencing this matter.

 

SodI have provide the GA law below for yo to read. It has nothing to do with the area of the incident. But rather the act and who it was with, did they consent, etc.

 

§ 16-6-2. Sodomy; aggravated sodomy; medical expenses


(a) (1) 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.

(2) 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) (1) Except as provided in subsection (d) of this Code section, a person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(2) A person convicted of the offense of aggravated sodomy shall be punished 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 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

 

(d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

 

If you have further questions, you may post them here and i will continue to assist. Otherwise, please ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and good luck



Edited by Samuel-II on 11/1/2010 at 1:30 PM EST
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21936
Experience: Handle criminal matters in both state and federal courts.
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