---
title: HB 1282. Criminal procedure; offenses involving a victim under 16 years of age; include offense of aggravated sexual battery
collection: bills
id: 2025-2026/hb1282
cite_as: HB 1282, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1282
md_url: https://georgiacommons.org/bills/2025-2026/hb1282.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1282/text
source_url: https://www.legis.ga.gov/legislation/73131
date: 2026-02-26
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 185
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1282.md?full=1
bill_number: HB 1282
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-11
last_action: House Committee Favorably Reported
sponsors:
- Tyler Smith
- Stan Gunter
- Soo Hong
- Mitchell Scoggins
- Steven Sainz
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1282/2025
upstream_id: 2114619
summaries_model: claude-sonnet-5
topic_tags:
- child sexual abuse
- statute of limitations
- criminal prosecution
- sex crimes law
- victims under 16
---
# HB 1282. Criminal procedure; offenses involving a victim under 16 years of age; include offense of aggravated sexual battery
## Text
House Bill 1282
By: Representatives Smith of the 18th, Gunter of the 8th, Hong of the 103rd, Scoggins of the
14th, and Sainz of the 180th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to
exclusions for certain offenses involving a victim under 16 years of age, so as to include the
offense of aggravated sexual battery; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to exclusions for
certain offenses involving a victim under 16 years of age, is amended by revising said Code
section as follows:
"17-3-2.1.
(a) For crimes committed during the period beginning on July 1, 1992, and ending on
June 30, 2012, if the victim of a violation of:
(1) Cruelty to children, as defined in Code Section 16-5-70;
(2) Rape, as defined in Code Section 16-6-1;
(3) Sodomy or aggravated sodomy, as defined in Code Section 16-6-2;
(4) Statutory rape, as defined in Code Section 16-6-3;
(5) Child molestation or aggravated child molestation, as defined in Code Section
16-6-4;
(6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or
(7) Incest, as defined in Code Section 16-6-22,; or
(8) Aggravated sexual battery, as defined in Code Section 16-6-22.2,
is under 16 years of age on the date of the violation, the applicable period within which a
prosecution shall 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) For crimes committed on and after July 1, 2012, if the victim of a violation of:
(1) Trafficking a person for sexual servitude, as defined in Code Section 16-5-46;
(2) Cruelty to children in the first degree, as defined in Code Section 16-5-70;
(3) Rape, as defined in Code Section 16-6-1;
(4) Aggravated sodomy, as defined in Code Section 16-6-2;
(5) Child molestation or aggravated child molestation, as defined in Code Section
16-6-4;
(6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or
(7) Incest, as defined in Code Section 16-6-22, ; or
(8) Aggravated sexual battery, as defined in Code Section 16-6-22.2,
is under 16 years of age on the date of the violation and the violation is not subject to
punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4,
paragraph (2) of subsection (d) of Code Section 16-6-4, or subsection (c) of Code Section
16-6-5, a prosecution may be commenced at any time."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1282 would add aggravated sexual battery to the list of sex crimes against child victims that get an extended or unlimited window for prosecution under Georgia law.
### Plain-language summary
Georgia law (O.C.G.A. § 17-3-2.1) already lists certain crimes against victims under 16, such as rape, child molestation, and incest, where the statute of limitations (the deadline for filing charges) either pauses until the victim turns 16 or does not apply at all, depending on when the crime happened. Aggravated sexual battery was left off both lists.
This bill adds aggravated sexual battery, as defined in O.C.G.A. § 16-6-22.2, to both parts of the law. For crimes committed between July 1, 1992, and June 30, 2012, the prosecution clock would not start until the child victim turns 16 or the crime is reported. For crimes committed on or after July 1, 2012, prosecutors could bring charges for aggravated sexual battery against a victim under 16 at any time, with no deadline. The bill repeals conflicting laws and does not state a separate effective date.
### What it does
- Adds aggravated sexual battery (O.C.G.A. § 16-6-22.2) to the list of crimes against child victims covered by Georgia's tolling rule for crimes committed between 1992 and 2012.
- Adds aggravated sexual battery to the list of crimes against child victims for which there is no statute of limitations when committed on or after July 1, 2012.
- Leaves the existing rules for other listed crimes, such as rape, child molestation, and incest, unchanged.
- Repeals any other Georgia laws that conflict with this change.
### Who it affects
The change affects prosecutors and law enforcement agencies handling child sexual abuse cases, defendants accused of aggravated sexual battery against victims under 16, and child victims of that crime whose cases might otherwise have been barred by an expired filing deadline.
### Why it matters
Without this change, prosecutors may be unable to charge someone with aggravated sexual battery against a child once too much time has passed, even if evidence surfaces later. Adding it to the list means such cases could be prosecuted whenever they come to light, similar to how rape and child molestation cases already work.
### Key provisions
- Section 1 amends O.C.G.A. § 17-3-2.1(a) to add aggravated sexual battery to crimes committed between July 1, 1992 and June 30, 2012 where the prosecution clock pauses until the victim turns 16 or the crime is reported.
- Section 1 amends O.C.G.A. § 17-3-2.1(b) to add aggravated sexual battery to crimes committed on or after July 1, 2012 for which prosecution 'may be commenced at any time' if the victim was under 16.
- Section 2 repeals any conflicting Georgia laws, a standard closing provision.
## Status
- Status: Introduced (2026-02-11)
- Last action: House Committee Favorably Reported (2026-02-26)
- Sponsors: Tyler Smith, Stan Gunter, Soo Hong, Mitchell Scoggins, Steven Sainz
- Official page: https://www.legis.ga.gov/legislation/73131
> The history, votes, and amendments (185 characters) are at https://georgiacommons.org/bills/2025-2026/hb1282.md?full=1