The statute of limitations sets a limit on when an indictment can be returned. Flournoy v. State, 299 Ga. App. 377 (2009). The period of limitations runs from the date of the offense to the date of the indictment. The burden is on the State to prove that the crime occurred within the statute of limitations. Scales v. State, 310 Ga. App. 48 (2011); State v. Tuzman, 145 Ga. App. 481 (1978).
Under O.C.G.A. § 17-3-1, there is no statute of limitations on a prosecution for murder. Prosecution for crimes punishable by life imprisonment must be brought within seven years except that the prosecution for forcible rape must be brought within 15 years of the commission of the crime and prosecution for armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery may be brought at any time when DNA evidence is used to establish the identity of the accused. A sufficient portion of the physical evidence tested for DNA must be preserved and available for testing by the defendant. Prosecution for all other felonies must be brought within four years except that cases where the alleged victim was under 18 at the time of the alleged crime must be brought within seven years.
If the victim is under 16 years of age at the time of the alleged offense and the alleged crime is cruelty to children, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes or incest the statute does not begin to run until the alleged victim is 16 or the violation is reported to law enforcement. O.C.G.A. 7-3-2.1.
If the alleged victim is 65 years or older the statute of limitations does not begin to run until the crime is reported to or discovered by law enforcement. O.C. G.A. § 17-3-2.2.
The following periods are excluded from the statute of limitations period when: (1) the accused is not usually and publicly a resident of the state; (2) the person committing the crime is unknown or the crime is unknown; (3) the accused is a government officer or employee and the crime charged is theft by conversion of public property while such officer or employee; or (4) the accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary. O.C.G.A. § 17-32; Royal v. State, 314 Ga. App. 20 (2012).
An indictment brought within the statute of limitations that is quashed or a nolle prosequi entered after it was returned causes the statute of limitations to extend for six months. O.C. G.A. § 17-3-3.
The statute of limitations for misdemeanors is two years.
Under O.C.G.A. § 17-7-50.1 a child within the jurisdiction of superior court must be indicted within 180 days of the date of detention or the case must be transferred to juvenile court. Nunnally v. State, 311 Ga. App. 558 (2011).