2022 Georgia Code
Title 17 - Criminal Procedure
Chapter 3 - Limitations on Prosecution
§ 17-3-2.1. Exclusions for Certain Offenses Involving a Victim Under 16 Years of Age

1. For crimes committed during the period beginning on July 1, 1992, and ending on June 30, 2012, if the victim of a violation of:
   1. Cruelty to children, as defined in Code Section 16-5-70;
   2. Rape, as defined in Code Section 16-6-1;
   3. Sodomy or aggravated sodomy, as defined in Code Section 16-6-2;
   4. Statutory rape, as defined in Code Section 16-6-3;
   5. Child molestation or aggravated child molestation, as defined in Code Section 16-6-4;
   6. Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or
   7. Incest, as defined in Code Section 16-6-22,

      is under 16 years of age on the date of the violation, the applicable period within which a prosecution shall 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.

2. For crimes committed on and after July 1, 2012, if the victim of a violation of:
   1. Trafficking a person for sexual servitude, as defined in Code Section 16-5-46;
   2. Cruelty to children in the first degree, as defined in Code Section 16-5-70;
   3. Rape, as defined in Code Section 16-6-1;
   4. Aggravated sodomy, as defined in Code Section 16-6-2;
   5. Child molestation or aggravated child molestation, as defined in Code Section 16-6-4;
   6. Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or
   7. Incest, as defined in Code Section 16-6-22,

      is under 16 years of age on the date of the violation and the violation is not subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4, paragraph (2) of subsection (d) of Code Section 16-6-4, or subsection (c) of Code Section 16-6-5, a prosecution may be commenced at any time.

History. Code 1981, § 17-3-2.1 , enacted by Ga. L. 1992, p. 2973, § 1; Ga. L. 2012, p. 899, § 4-2/HB 1176.

Editor’s notes.

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 note on 1992 enactment of this Code section, see 9 Ga. St. U.L. Rev. 231 (1992).

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, “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).