O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-6-7 (2019)

Necrophilia

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) A person commits the offense of necrophilia when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other. (b) A person convicted of the offense of necrophilia shall be punished by imprisonment for not less than one nor more than ten years.

History

Code 1933, § 26-2022, enacted by Ga. L. 1977, p. 315, § 1.

Annotations

JUDICIAL DECISIONS Evidence sufficient for conviction. - Evidence was sufficient to convict the defendant of necrophilia because the state presented evidence corroborating the defendant’s confession because the victim’s body was found in the room registered to the defendant at the hotel where the defendant told the police the defendant took the victim; and the physical evidence found at the crime scene and testimony from the medical examiner corroborated the defendant’s statements about the manner in which the defendant killed the victim, the items used to kill the victim,

and the multiple days the defendant spent with the victim’s body after the defendant killed the victim. Furthermore, in the defendant’s confession, the defendant mentioned sex with the dead victim several times during the police interview and, when directly asked, the defendant affirmatively stated that the defendant had sex with the victim after the victim was dead. Norman v. State, 298 Ga. 344, 781 S.E.2d 784 (2016). Cited in Lipham v. State, 257 Ga. 808, 364 S.E.2d 840 (1988).

RESEARCH REFERENCES ALR. - Fact that murder-rape victim was dead at time of penetration as affecting conviction for rape, 76 A.L.R.4th 1147.

Notes of Decisions
Cited in 3 cases, 1988–2016 · leading case: Powell v. State, 510 S.E.2d 18 (Ga. 1998).
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Powell v. State, 510 S.E.2d 18 (Ga. 1998). · cites it 2× “The State fulfills its role in preventing sexual assaults and shielding and protecting the public from sexual acts by the enactment of criminal statutes prohibiting such conduct: OCGA § 16-6-1 (rape); § 16-6-2(a) (aggravated sodomy); § 16-6-3 (statutory rape); § 16-6-4 (child…”
Norman v. State, 781 S.E.2d 784 (Ga. 2016). · cites it 2× “3 Under OCGA § 16-6-7 (a), “[a] person commits the offense of necrophilia when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.”
State v. Brobeck, 751 S.W.2d 828 (Tenn. 1988). “One is rape and the other necrophilia, made a crime under OCGA § 16-6-7. The evidence in this case supports the jury’s finding that the defendant had carnal knowledge of Kate Furlow forcibly and against her will notwithstanding that it is unclear whether the defendant first…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.