• In Georgia, the age of consent is 16.  That means that both partners must be at least 16 years old to do anything physically intimate or sexually arousing: anything from “messing around” to oral sex and intercourse.
• Thinking your partner is 16 doesn’t count, no matter how old they look or act.
• In some cases, the punishment for having oral sex with someone under 16 is more severe than the punishment for having intercourse.

Using electronic media (cell phones, internet, etc.):

*Taking nude or inappropriate pictures or movies of yourself or others and sending them to friends or other people via cell phone or the internet can be a serious crime. 

* Sending explicit emails, text messages, or voicemails to a person under the age of 18 is illegal and you may be prosecuted.  OCGA 16-12-100, 100.1

* If you are texting someone living in another state or chatting on an internet site, other states may have even tougher laws.

* If the teen is under 16 or if the photos are extremely explicit and are distributed, the offender can be charged with a felony carrying a prison sentence of up to 20 years.

Possible criminal charges for underage sex:

• Child molestation: doing any immoral or indecent act to or in the presence of (or with) and child under the age of 16 with the intent to arouse or satisfy the sexual desires of either partner.  Fondling, petting, rubbing, or fooling around could all fall into this category.  A first offense can carry a prison sentence of at least 5 years, plus years of restriction as a sex offender.
• Sodomy: any act involving the sex organs of one person and the mouth or anus of another.  Oral sex is sodomy. 
• Aggravated child molestation: anything that causes physical injury to a victim or involves sodomy with a child.  Oral sex with a person under 16 can be charged as aggravated child molestation and the offender could face a prison sentence of 25 years, plus sex offender restrictions.
• Aggravated sodomy: sodomy that involves force or coercion or a victim that is less than 10 years old.
• Statutory rape: having intercourse with any person under the age of 16 is a felony punishable by prison time.  A person who is 21 or older and commits this offense will be sentenced to a minimum of 10 years in prison.

For more information, please visit www.children.ga.gov