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HB 249 - Rape; redefine offense; female under ten

Campbell, Jr, Thomas R (42nd)

Status Summary	HC:	SJudy	SC:	Judy	FR:	01/27/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the offense of rape; and for other purposes.

Code Sections - 16-6-1

HB 249                                              HB 249/AP 
 
      H. B. No. 249 (AS PASSED HOUSE AND SENATE) 
      By:  Representative Campbell of the 42nd 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 6 of Title 16 of the Official Code of 
  1- 2  Georgia Annotated, relating to sexual offenses, so as to 
  1- 3  change the provisions relating to the offense of rape; to 
  1- 4  change penalty provisions; to repeal conflicting laws; and 
  1- 5  for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Chapter 6 of Title 16 of the Official Code of Georgia 
  1- 9  Annotated, relating to sexual offenses, is amended by 
  1-10  striking in its entirety Code Section 16-6-1, relating to 
  1-11  rape, and inserting in its place the following: 
 
  1-12    "16-6-1. 
 
  1-13    (a) A person commits the offense of rape when he has 
  1-14    carnal knowledge of a female of: 
 
  1-15      (1) A female forcibly and against her will.; or 
 
  1-16      (2) A female who is less than ten years of age. 
 
  1-17    Carnal knowledge in rape occurs when there is any 
  1-18    penetration of the female sex organ by the male sex organ. 
  1-19    The fact that the person allegedly raped is the wife of 
  1-20    the defendant shall not be a defense to a charge of rape. 
 
  1-21    (b) A person convicted of the offense of rape shall be 
  1-22    punished by death, by imprisonment for life without 
  1-23    parole, by imprisonment for life, or by imprisonment for 
  1-24    not less than ten nor more than 20 years.  Any person 
  1-25    convicted under this Code section shall, in addition, be 
  1-26    subject to the sentencing and punishment provisions of 
  1-27    Code Sections 17-10-6.1 and 17-10-7. 
 
  1-28    (c) When evidence relating to an allegation of rape is 
  1-29    collected in the course of a medical examination of the 
  1-30    person who is the victim of the alleged crime, the law 
  1-31    enforcement agency investigating the alleged crime shall 
  1-32    be responsible for the cost of the medical examination to 
 
 
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  2- 1    the extent that expense is incurred for the limited 
  2- 2    purpose of collecting evidence." 
 
  2- 3                           SECTION 2. 
 
  2- 4  All laws and parts of laws in conflict with this Act are 
  2- 5  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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