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Grizzard v. State

Defendant's indictment did not trigger the 7-year limitation period set forth in O.C.G.A. § 17-3-1 because the indictment failed to assert that the victim was under 14-years old when defendant allegedly molested her.

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William Grizzard was indicted on two counts of aggravated child molestation OCGA § 16-6-4 c, one count of statutory rape OCGA § 16-6-3, and one count of aggravated sexual battery OCGA § 16-6-22.2 involving one of two alleged victims. The separate counts involving the second victim are not at issue. He appeals the denial of his general demurrer and his motion to dismiss the indictment with regard to the first victim.

1. Counts 1, 2, and 3 of the indictment each allege an offense aggravated child molestation or statutory rape that requires as an essential element that the alleged victim be under the age of 16 at the time of the offense, and each count alleges that the victim was less than 16 years old at the time. But each count alleges that the offenses were committed between July 2, 1995 and May 12, 1997, “the exact date of which is unknown to the members of the Grand Jury;” and the State has stipulated that the victim was born on October 16, 1980, thereby turning 16 on October 16, 1996. Thus, the period of time during which the State alleges the first three crimes were committed includes time when the victim was 16 years old.

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