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  1. #1
    helpforfriend is offline Junior Member
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    Georgia
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    Exclamation sexual abuse of a minor statute of limitations

    What is the name of your state? GA

    I have a close friend that is now 18 years old, she was sexually abused when she was 15 she needs to know the statute of limitations in georgia for criminal and civil prosecution, she was not raped but she was touched on several occasions and would have been further molested if she didnt make her father stop. could anyone please let me know the statute of limitations for criminal and civil prosecution.What is the name of your state?
  2. #2
    TheGeekess is offline Senior Member
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    Civil:
    Georgia's special statute of limitations for childhood sexual abuse provides that victims may bring civil actions within 5 years of reaching their age of majority. Ga. Code Ann. 9-3-33.1 (2007)
    [url]http://www.smith-lawfirm.com/sol_Georgia.html[/url]

    Criminal:
    Call the local DA. This is what I found on the LexisNexis site, but nothing on Statute of Limitations.
    [url]http://www.lexis-nexis.com/hottopics/gacode/[/url]
    O.C.G.A. 16-6-4
    Pages: 2

    O.C.G.A. 16-6-4

    GEORGIA CODE
    Copyright 2007 by The State of Georgia
    All rights reserved.

    *** Current through the 2007 Regular Session ***

    TITLE 16. CRIMES AND OFFENSES
    CHAPTER 6. SEXUAL OFFENSES

    O.C.G.A. 16-6-4 (2007)

    16-6-4. Child molestation; aggravated child molestation


    (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

    (b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

    (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

    (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

    (d) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

    (2) A person convicted of the offense of aggravated child molestation when:

    (A) The victim is at least 13 but less than 16 years of age;

    (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

    (C) The basis of the charge of aggravated child molestation involves an act of sodomy

    shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.

    HISTORY: Ga. L. 1950, p. 387, 1; Ga. L. 1953, Nov.-Dec. Sess., p. 408, 1; Code 1933, 26-2019, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1984, p. 685, 1; Ga. L. 1984, p. 1495, 1; Ga. L. 1985, p. 283, 1; Ga. L. 1987, p. 617, 1; Ga. L. 1992, p. 6, 16; Ga. L. 1993, p. 715, 1; Ga. L. 1994, p. 1959, 6; Ga. L. 1995, p. 957, 4; Ga. L. 1997, p. 1578, 1; Ga. L. 2006, p. 379, 11/HB 1059.

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