Limits On Prosecution in Georgia

Is there a time limit on when a person in Georgia can be proscuted for knowing of a child being molested and not reporting it? My sister has a daughter that they claim was molested by a family member for years and she says she knew it and never did anything about, she continued to take her daughter there and leave her for overnights and days at a time. Now the family member has been accused of touching another girl and my sister and her daughter are planning to testify against him saying all this happened to her daughter 17 years ago. We have been told that my sister can be proscetued now for letting this continue with her knowledege, if it can what type sentence would she be looking at?

The statutes at issue appear to be:

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Quoting Georgia Code, Section 17-3-1.

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(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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and

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Quoting Georgia Code, Section 17-3-2.1.

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(a) If the victim of a violation of:

(1) Code Section 16-5-70, relating to cruelty to children;

(2) Code Section 16-6-1, relating to rape;

(3) Code Section 16-6-2, relating to sodomy and aggravated sodomy;

(4) Code Section 16-6-3, relating to statutory rape;

(5) Code Section 16-6-4, relating to child molestation and aggravated child molestation;

(6) Code Section 16-6-5, relating to enticing a child for indecent purposes; or

(7) Code Section 16-6-22, relating to incest,

is under 16 years of age on the date of the violation, the applicable period within which a prosecution must 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) This Code section shall apply to any offense designated in paragraphs (1) through (7) of subsection (a) of this Code section occurring on or after July 1, 1992.

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