Georgia’s adultery law, codified as OCGA 16-6-19, historically criminalizes extramarital sexual relations. Under this statute, if a married person engages in voluntary sexual intercourse with someone other than their legally wedded spouse, that individual may be charged with adultery. Key points of the statute include:

• Marital Status Requirement: The law applies exclusively to individuals who are legally married. The criminal offense arises when a married individual commits sexual acts with someone other than their spouse.
• Defining the Act: The statute typically requires proof of voluntary, consensual sexual intercourse between a married person and someone who is not their spouse.
• Misdemeanor Classification: Adultery in Georgia is classified as a misdemeanor, though it has been historically rarely enforced in modern legal practice.

While the law remains on the books, in practice it is infrequently used by prosecutors, and enforcement can be fraught with evidentiary challenges and questions regarding personal privacy and changing social mores.

For a conviction under OCGA 16-6-19, prosecutors must typically establish that:

• The accused is legally married.
• The accused engaged in sexual intercourse.
• The sexual partner was not the accused’s spouse.
• The act was voluntary and occurred without duress.

• Evidentiary Issues: Proving consensual sexual activity, especially when it occurs in private, is inherently difficult.
• Modern Enforcement: In recent decades, many states have chosen not to enforce adultery laws actively, viewing them as outdated and incompatible with modern standards of privacy and individual rights.
• Social and Legal Debate: Critics argue that criminalizing adultery can be seen as an intrusion into private life, while proponents sometimes claim it upholds marital fidelity. The rarity of prosecutions under this statute reflects the evolving societal attitudes toward personal relationships.

Recent discussions in the media have brought up allegations involving Savannah Chrisley—a well-known public personality—and Robert Shiver, who is reportedly married. Critics and commentators have speculated that if Robert Shiver is indeed married, his involvement in an extramarital relationship could, in theory, meet the criteria outlined in OCGA 16-6-19.

• Statutory Violation: If all elements of the statute are satisfied—namely, that a married person engaged in consensual sexual intercourse with someone other than their spouse—the conduct could be viewed as a violation of Georgia’s adultery law.
• Enforcement Reality: Despite this possibility, it is important to emphasize that the enforcement of OCGA 16-6-19 is extremely rare. Modern prosecutors are often reluctant to bring forward charges in such cases due to both evidentiary challenges and a broader shift in societal values regarding personal conduct.
• Public vs. Private Conduct: The public nature of the individuals involved adds a layer of media scrutiny, yet the legal system generally focuses on concrete evidence and strict statutory definitions rather than public opinion or media portrayals.

The existence of laws like OCGA 16-6-19 highlights a historical perspective on marital fidelity. However, the modern legal landscape often prioritizes individual privacy and autonomy over enforcing personal morality through criminal statutes. This divergence has led to debates about whether such laws should be repealed or reformed to reflect contemporary values.

• Privacy vs. Morality: While some view adultery laws as a necessary moral safeguard, others argue that they represent an unwarranted intrusion into private life.
• Legislative Inaction: The general non-enforcement of the law suggests that even if a violation were technically proven, the legal system may choose not to pursue prosecution actively.

Georgia’s adultery law under OCGA 16-6-19 remains on the books, defining adultery as a married person engaging in sexual relations outside their marriage. Although the statute outlines clear criteria, practical enforcement is rare, and modern legal and social standards increasingly favor personal privacy.

Regarding the situation involving Savannah Chrisley and Robert Shiver, while there is speculation that such behavior might align with the statutory elements of adultery, no legal proceedings have confirmed any wrongdoing. As always, anyone facing questions about personal conduct or legal obligations should seek advice from a qualified attorney.

This blog post is intended for informational purposes only and should not be construed as legal advice.