Statute of limitations

Asked over 1 year ago - Athens, GA

What are the statute of limitations for possession and distribution of child pornography in georgia? Out of curiosity

Attorney answers (6)

  1. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . Pursuant to 18 USC Section 3282, a federal prosecution for the possession, receipt or distribution of child pornography may not be commenced later than 5 years from the date that the offense occurred. However, in the case of a conspiracy, that 5 year limitation period does not begin until the (1) conspiracy ends by abandonment or it's object being achieved; (2) the last overt act in furtherance of the conspiracy by any co-conspirator; of (3) the defendant's withdrawal (as that term is defined legally) from the conspiracy.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

  2. Allen Rust Knox

    Contributor Level 16

    3

    Lawyers agree

    Answered . 4 years. Note that this gives them 4 years from the discovery of the porn to indict you. It does not mean that you have to be tried within that time.

  3. John Arnold Steakley

    Contributor Level 18

    3

    Lawyers agree

    Answered . The State of Georgia has FOUR years to pursue charges. The United States has FIVE.

    I've handled many Georgia state child porn charges, so if it is a state case, give me a call.

    For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595
  4. Raymond George Wigell

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . I defer to the Georgia attorney regarding a state charge. Federal charges are different probably five years from discover. A statute of limitations calculation is not simple math. It is rather a legal analysis based on specific facts and applications of specific laws. Consultation with an experienced criminal defense lawyer is the only way to obtain a possible answer.

    Of course every answer is based on the question asked and requires a more complete context. This answer should... more
  5. Joshua Sachs

    Contributor Level 19

    4

    Lawyers agree

    Answered . We get questions about statues of limitations all the time and they make me uncomfortable. I always get the feeling that there is important information that we are not being told and that the question is being asked as part of a DIY defense plan, so that any answer we give could be extremely dangerous. So here are my answers to all statue of limitations questions:

    1. If you want to know whether it is too late report a crime to the authorities the answer is always no. Go ahead and report it. Let them worry about whether it can prosecuted.

    2. If you have, or may have, committed a crime and want to know if it is safe to come out, the answer again is always no. There are too many unforeseeable possibilities and statutes of limitations are too hard to calculate in the absence of a specific offense already charged.

  6. Richard H. Goolsby

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . As a former state and federal prosecutor in Georgia, I generally agree with my colleagues, but would strongly encourage you to consult with an experienced criminal lawyer about all the facts and your rights and options, if necessary. Good luck.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now