2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 3 - Limitations on Prosecution
§ 17-3-1. Generally

1. A prosecution for murder may be commenced at any time.
2. Except as otherwise provided in Code Section 17-3-2.1, prosecution for other crimes punishable by death or life imprisonment shall be commenced within seven years after the commission of the crime except as provided by subsection (d) of this Code section; provided, however, that prosecution for the crime of forcible rape shall be commenced within 15 years after the commission of the crime.
3. Except as otherwise provided in Code Section 17-3-2.1, prosecution for felonies other than those specified in subsections (a), (b), and (d) of this Code section shall 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 shall be commenced within seven years after the commission of the crime.
4. 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 accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.

5. Prosecution for misdemeanors shall be commenced within two years after the commission of the crime.

(Code 1933, § 26-502, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1987, p. 330, § 1; Ga. L. 1996, p. 1115, § 4; Ga. L. 2002, p. 650, § 1; Ga. L. 2012, p. 899, § 4-1/HB 1176.)

- Limitations on prosecutions before military courts for desertion, mutiny, and other offenses, § 38-2-437.

- Ga. L. 1987, p. 330, § 2, not codified by the General Assembly, provided that the Act, which added the proviso at the end of subsection (c), would apply to offenses committed on or after July 1, 1987.

Ga. L. 2002, p. 650, § 2, not codified by the General Assembly, provides that this Act shall apply to crimes which occur on or after July 1, 2002.

Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

- For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 118 (2002). For article, "The Georgia Roundtable Discussion Model: Another Way to Approach Reforming Rape Laws," see 20 Ga. St. U.L. Rev. 565 (2004). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).

ANALYSIS

• General Consideration
• Limitation Period Application
• Decisions Under Former Code 1933, § 27-601 After Enactment of Ga. L. 1968, p. 1249
• Decisions Under Former Code 1933, § 27-601 Before Enactment of Ga. L. 1968, p. 1249
• Decisions Under Former Penal Code 1910, § 30

OPINIONS OF THE ATTORNEY GENERAL

Uniform traffic citation is valid as an accusation without an affidavit.

- If a defendant in a traffic case charged by uniform traffic citation fails to appear for trial in a probate court, a warrant may be issued regardless of whether that citation contains an affidavit of the arresting officer. Secondly, the uniform traffic citation is valid as an accusation without an affidavit and therefore tolls the statute of limitations for the prosecution of traffic violations. 1990 Op. Att'y Gen. No. U90-2.

- Prosecution for a violation of deposit account fraud, O.C.G.A. § 16-9-20, is commenced within the meaning of O.C.G.A. § 17-3-1 when a citation meets the requirements contained in O.C.G.A. § 15-10-202, including the signature of the judge or clerk of the magistrate court and personal service of the citation by a law enforcement officer. 1998 Op. Att'y Gen. No. 98-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 37, 144 et seq.

- Homicide as affected by time elapsing between wound and death, 20 A.L.R. 1006; 93 A.L.R. 1470.

Effect of pleading guilty after statute of limitations has run, 37 A.L.R. 1116.

Who are within statutes relating to embezzlement by trustees or other persons acting in "fiduciary capacity," 41 A.L.R. 474.

What amounts to concealment which will prevent running of limitation against prosecution for embezzlement, 110 A.L.R. 1000.

When criminal prosecution deemed pending within saving clause of statute, or principle which prevents application of statute to pending prosecution, 122 A.L.R. 670.

Construction and application of phrase "fleeing from justice" or similar phrase in exception to statutory limitation of time for criminal prosecution after commission of offense, 124 A.L.R. 1049.

Commencement of running of limitations against prosecution for embezzlement, 158 A.L.R. 1158.

Accessories to crimes enumerated in statute of limitations respecting prosecution for criminal offenses, as within contemplation of statute, 160 A.L.R. 395.

Limitations statute applicable to criminal contempt proceedings, 38 A.L.R.2d 1131.

Conviction of lesser offense, against which statute of limitations has run, where statute has not run against offense with which defendant is charged, 47 A.L.R.2d 887.

Effect of abolition of capital punishment on procedural rules governing crimes punishable by death - post-Furman decisions, 71 A.L.R.3d 453.

When statute of limitations begins to run against criminal prosecution for embezzlement, fraud, false pretenses, or similar crimes, 77 A.L.R.3d 689.

When statute of limitation begins to run on charge of obstructing justice or of conspiracy to do so, 77 A.L.R.3d 725.

When statute of limitations begins to run against action for conversion of property by theft, 79 A.L.R.3d 847.

Issuance or service of state-court arrest warrant, summons, citation, or other process as tolling criminal statute of limitations, 71 A.L.R.4th 554.

When is conspiracy continuing offense for purposes of statute of limitations under 18 USCS § 3282, 109 A.L.R. Fed. 616.