16-6-2
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16-6-2.
(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.