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2018 Georgia Code 16-6-7 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 6. Sexual Offenses, 16-6-1 through 16-6-25.

ARTICLE 9 NOTICE OF CONVICTION AND RELEASE FROM CONFINEMENT OF SEX OFFENDERS

16-6-7. Necrophilia.

  1. 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.
  2. A person convicted of the offense of necrophilia shall be punished by imprisonment for not less than one nor more than ten years.

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

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.

Cases Citing Georgia Code 16-6-7 From Courtlistener.com

Total Results: 3

Norman v. State

Court: Supreme Court of Georgia | Date Filed: 2016-01-19

Citation: 298 Ga. 344, 781 S.E.2d 784, 2016 Ga. LEXIS 73

Snippet: OCGA § 24-8-823. 3 Under OCGA § 16-6-7 (a), “[a] person commits the offense of necrophilia

Malaguti v. State

Court: Supreme Court of Georgia | Date Filed: 2001-02-05

Citation: 543 S.E.2d 1, 273 Ga. 398

Snippet: [4] OCGA § 17-16-5(b). [5] Id. [6] OCGA § 17-16-6. [7] The present trial was Malaguti's second trial

Powell v. State

Court: Supreme Court of Georgia | Date Filed: 1998-11-23

Citation: 510 S.E.2d 18, 270 Ga. 327, 98 Fulton County D. Rep. 4177, 1998 Ga. LEXIS 1148

Snippet: of psychotherapists); § 16-6-6 (bestiality); § 16-6-7 (sexual assault of a dead human being); § 16-6-8