Ga. Code § 17-3-2.1 : — CRIMINAL PROCEDURELIMITATIONS ON PROSECUTION —3-2.1 - Exclusions for certain offenses involving a victim under 16 years of age

(a) 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.

(b) 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.

OCGA § 17-3-2.1

Amended by 2012 Ga. Laws 709,§ IV-4-2, eff. 7/1/2012.
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