The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1.
§ 9-3-99.Tolling of limitations for tort actions while criminal prosecution is pending
Chapter 3. Limitations of Actions · Article 5. Tolling of Limitations · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-99 tolls the limitations period on a crime victim’s related tort claim from the date of the alleged crime until the criminal prosecution becomes final or otherwise ends, capped at six years, unless O.C.G.A. § 9-3-33.1 provides a different rule.
Full Text of § 9-3-99
Plain-English Summary
A crime victim who wants to sue civilly over the same conduct that gave rise to a criminal case does not have to race the criminal justice system’s timeline. This section stops the civil limitations clock the moment the alleged crime — or the act giving rise to the tort — occurs, and keeps it stopped until the criminal prosecution becomes final or is otherwise terminated.
That gives victims room to let the criminal case play out, which can take years and can produce evidence, records, or a conviction useful to the civil claim, without watching a separate civil deadline expire in the meantime. It also spares the victim from having to litigate a civil suit at the same time as an ongoing criminal prosecution arising from the identical events.
The tolling is not open-ended. It cannot run longer than six years, regardless of how long the prosecution takes. And it yields to O.C.G.A. § 9-3-33.1 where that more specific statute governs the timing instead.
Frequently Asked Questions
When does the tolling under O.C.G.A. § 9-3-99 begin?
From the date of the commission of the alleged crime or the act giving rise to the tort action.
When does the tolling under this section end?
When the prosecution of the crime or act “has become final or otherwise terminated.”
Is there a cap on how long this tolling can last?
Yes. It cannot exceed six years.
Does this section apply to any tort claim, or only ones connected to a crime?
Only tort claims that “may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state.”
Can another statute override the tolling rule in this section?
Yes. It applies “except as otherwise provided in Code Section 9-3-33.1,” which can supersede it in the circumstances that statute addresses.
Amendment History
Code 1981, § 9-3-99, enacted by Ga. L. 2005, p. 88, § 2/HB 172; Ga. L. 2015, p. 675, § 2-4/SB 8; Ga. L. 2015, p. 689, § 4/HB 17.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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