Legal Question in Criminal Law in Georgia

It's not an easy answer. The answer is "it depends." It depends on the age of the victim. It depends on whether the crime is known to authorities yet. I've cut and paste the general statute relating to criminal statute of limitations for your review.

O.C.G.A. � 17-3-1. Limitation On Prosecutions - Generally

(a) A prosecution for murder may be commenced at any time.

(b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime except as provided by subsection (c.1) of this Code section; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime.

(c) Prosecution for felonies other than those specified in subsections (a), (b), and (c.1) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must be commenced within seven years after the commission of the crime.

(c.1) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:

(1) Armed robbery, as defined in Code Section 16-8-41;

(2) Kidnapping, as defined in Code Section 16-5-40;

(3) Rape, as defined in Code Section 16-6-1;

(4) Aggravated child molestation, as defined in Code Section 16-6-4;

(5) Aggravated sodomy, as defined in Code Section 16-6-2; or

(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;

provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the

(d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime.

O.C.G.A. � 17-3-2. Limitation On Prosecutions - Periods Excluded

The period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute does not include any period in which:

(1) The accused is not usually and publicly a resident within this state;

(2) The person committing the crime is unknown or the crime is unknown;

(3) The accused is a government officer or employee and the crime charged is theft by conversion of public property while such an officer or employee; or

(4) The accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary.

O.C.G.A. � 17-3-2.1. Limitation On Prosecution Of Certain Offenses Involving A Victim Under 16 Years Of Age

(a) If the victim of a violation of:

(1) Code Section 16-5-70, relating to cruelty to children;

(2) Code Section 16-6-1, relating to rape;

(3) Code Section 16-6-2, relating to sodomy and aggravated sodomy;

(4) Code Section 16-6-3, relating to statutory rape;

(5) Code Section 16-6-4, relating to child molestation and aggravated child molestation;

(6) Code Section 16-6-5, relating to enticing a child for indecent purposes; or

(7) Code Section 16-6-22, relating to incest, is under 16 years of age on the date of the violation, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney.

(b) This Code section shall apply to any offense designated in paragraphs (1) through (7) of subsection (a) of this Code section occurring on or after July 1, 1992.

O.C.G.A. � 17-3-2.2. Venue Generally

In addition to any periods excluded pursuant to Code Section 17-3-2, if the victim is a person who is 65 years of age or older, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the violation is reported to or discovered by a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. Except for prosecutions for crimes for which the law provides a statute of limitations longer than 15 years, prosecution shall not commence more than 15 years after the commission of the crime.

I STRONGLY recommend that you hire a Georgia criminal defense attorney to discuss the specifics of your case and advise you of your rights. Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******