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§ 17-3-1 - Limitation on prosecutions -- Generally

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O.C.G.A.17-3-1 (2010) 17-3-1.Limitation on prosecutions -- Generally (a)A prosecution for murder may be commenced at any time.(b)Prosecutionfor other crimes punishable by death or life imprisonment must becommenced within seven years after the commission of the crime except asprovided by subsection (c.1) of this Code section; provided, however,that prosecution for the crime of forcible rape must be commenced within15 years after the commission of the crime.(c)Prosecutionfor felonies other than those specified in subsections (a), (b), and(c.1) of this Code section must be commenced within four years after thecommission of the crime, provided that prosecution for feloniescommitted against victims who are at the time of the commission of theoffense under the age of 18 years must be commenced within seven yearsafter the commission of the crime.(c.1)Aprosecution for the following offenses may be commenced at any time whendeoxyribonucleic acid (DNA) evidence is used to establish the identityof 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 forDNA is preserved and available for testing by the accused and provided,further, that, if the DNA evidence does not establish the identity ofthe accused, the limitation on prosecution shall be as provided insubsections (b) and (c) of this Code section.(d)Prosecution for misdemeanors must be commenced within two years after the commission of the crime.
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  • O.C.G.A. 17-3-1 (2010)
    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 accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.

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

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