Title 16, Chapter 6, Section 5.1
(a) As used in this Code section, the term:
(1) "Actor" means a person accused of sexual assault.
(2) "Intimate parts" means the genital area, groin, inner thighs,
buttocks, or breasts of a person.
(3) "Psychotherapy" means the professional treatment or counseling
of a mental or emotional illness, symptom, or condition.
(4) "Sexual contact" means any contact for the purpose of sexual
gratification of the actor with the intimate parts of a person not
married to the actor.
(b) A probation or parole officer or other custodian or supervisor
of another person referred to in this Code section commits sexual
assault when he engages in sexual contact with another person who is
a probationer or parolee under the supervision of said probation or
parole officer or who is in the custody of law or who is enrolled in
a school or who is detained in or is a patient in a hospital or
other institution and such actor has supervisory or disciplinary
authority over such other person. A person convicted of sexual
assault shall be punished by imprisonment for not less than one nor
more than three years.
(c)(1) A person commits sexual assault when such person has
supervisory or disciplinary authority over another person and such
person engages in sexual contact with that other person who is:
(A) In the custody of law; or
(B) Detained in or is a patient in a hospital or other
(2) A person commits sexual assault when, as an actual or
purported practitioner of psychotherapy, he or she engages in
sexual contact with another person who the actor knew or should
have known is the subject of the actor's actual or purported
treatment or counseling, or, if the treatment or counseling
relationship was used to facilitate sexual contact between the
actor and said person.
(3) Consent of the victim shall not be a defense to a prosecution
under this subsection.
(4) A person convicted of sexual assault under this subsection
shall be punished by imprisonment for not less than one nor more
than three years.
(d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense.