C1 Limitations of Prosecution

C1 LIMITATIONS OF PROSECUTION:

C1. 1 Murder:

No limitations, may prosecute at any time;

C1. 2 Rape: (applies to cases on which the statute of limitations did not run before 7/1/96)

Must begin prosecution (indict or draw accusation) within fifteen (15) years of commission of crime (unless tolled, see C1.7A);

C1. 3 Non-Murder Capital Felonies and Felonies against Minors under Age 18:

(Age 18 applies to offenses occurring after 7/1/02 - 14 before that date)

Must begin prosecution (indict or draw accusation) within seven (7) years of commission of crime (unless tolled, see C1.7A);

Predicate offense - Running of statute on predicate offense does not cause statute to run on greater offense [Jones, 274 Ga. 287, 553 SE2d 612 (2001) (felony murder prosecution not barred by running of statute of limitation on underlying felony); Leachman, 286 Ga. App. 708, 649 SE2d 886 (2007) (running of statute on misdemeanor DUI did not cause statute to run on vehicular homicide].

NOTE - Issuance of uniform traffic citation is also considered the beginning of prosecution for Statute of Limitation purposes [Bishop, 261 Ga. App. 445, 582 SE2d 571 (2003) (UTC commenced prosecution although indictment was required after transfer of case); Carroll, 252 Ga. App. 39, 554 SE2d 560 (2001) (accusation filed outside statute OK where UTC within); Rustin, 208 Ga. App. 431, 430 SE2d 765 (1993); Davis, 208 Ga. App. 845, 432 SE2d 229 (1993)]) ]. This logic probably applies to bad check citations also [Atty. Gen. Op. 98-1, see...