2022 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.

History. 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.

Cross references.

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

Editor’s notes.

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.”

Law reviews.

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).