Criminal Statutes of Limitations: 50-State Survey
Most states have criminal statutes of limitations that provide a period in which a prosecutor may pursue a certain type of charge against a suspect. If they do not move forward within the applicable statute of limitations, they likely will not be able to get a conviction, even if the evidence clearly shows that the suspect is guilty. States usually divide crimes into misdemeanors and felonies. Although the definitions of these terms may vary somewhat by state, a felony usually is a crime punishable by a year or more in prison, while a misdemeanor is a crime that carries a lesser sentence.
States often provide a general statute of limitations for felonies and another general statute of limitations for misdemeanors. However, some crimes may fall outside these basic rules. Very serious crimes like murder, for example, usually may be prosecuted at any time. As another example, crimes committed against children often have distinctive statutes of limitations.
The survey below provides the main law outlining the criminal statute of limitations in each state, as well as the general periods of limitations for misdemeanors and felonies. It also lists some of the more distinctive rules, although it does not cover every statute of limitations provision. These rules are complex and sometimes change, so you should consult a criminal lawyer if you have a question about how the statute of limitations might apply to a particular situation.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Alabama Criminal Statutes of Limitations
- Key law: Alabama Code Section 15-3-1 et seq.
- Misdemeanors: 12 months
- Felonies: 5 years
Crimes for which there is no Alabama statute of limitations include capital offenses, felonies involving the use (or attempted use) or threat of violence, felonies involving serious injury or death, certain sex crimes involving victims under 16, and felonies involving arson, forgery, counterfeiting, and drug trafficking. A six-year period applies to conversion of public revenues. A 30-day period applies to unlawfully taking or temporarily using someone else’s property.
Alaska Criminal Statutes of Limitations
- Key law: Alaska Statutes Section 12.10.010
- Misdemeanors: 5 years
- Felonies: 5 years
Crimes for which there is no Alaska statute of limitations include murder, felony sexual abuse of a minor, various forms of sexual assault, various sex crimes committed against someone who was under 18, kidnapping, distribution of child pornography, human trafficking, and various forms of sex trafficking. A 10-year period applies to felonies involving manslaughter, negligent homicide, assault, reckless endangerment, stalking, custodial interference, various forms of third-degree sexual assault, incest, enticement of a minor, unlawful exploitation of a minor, and first-degree indecent exposure. Special rules apply to crimes involving fraud, breach of fiduciary obligation, or misconduct in office by a public officer or employee.
Arizona Criminal Statutes of Limitations
- Key law: Arizona Revised Statutes Section 13-107
- Misdemeanors: 1 year
- Felonies: 7 years
Crimes for which there is no Arizona statute of limitations include homicide, conspiracy to commit homicide that results in death, various sex offenses that are classified as class 2 felonies, violent sexual assault, child sex trafficking, terrorism, misuse of public funds, or a felony involving the falsification of public records. A six-month period applies to petty offenses.
Arkansas Criminal Statutes of Limitations
- Key law: Arkansas Code Section 5-1-109
- Misdemeanors: 1 year
- Felonies: 3 years
Crimes for which there is no Arkansas statute of limitations include capital murder, first-degree and second-degree murder, rape against a minor, sexual indecency with a child, first-degree sexual assault, second-degree sexual assault against a minor, incest against a minor, and various other sex crimes involving children. When certain offenses are committed against children, including computer child pornography and third-degree and fourth-degree sexual assault, a prosecution may be brought until the victim turns 28 if it was not previously reported. A 10-year period applies to arson, while a six-year period applies to Class Y and A felonies. A one-year period applies to municipal ordinance violations.
California Criminal Statutes of Limitations
- Key law: California Penal Code Section 799 et seq.
- Misdemeanors: 1 year
- Felonies: 3 years
Crimes for which there is no California statute of limitations include any offense punishable by death or life imprisonment, as well as the embezzlement of public funds, various types of rape, various types of sodomy, and certain other sex crimes. A six-year period applies to offenses punishable by imprisonment in the state prison for eight years or more. Misdemeanor violations of various provisions in the Business and Professions Code may be prosecuted within one to four years. The limitations period does not start running until the discovery of the offense for certain felonies involving fraud, a breach of a fiduciary obligation, theft or embezzlement against an elder or dependent adult, or misconduct in office.
Colorado Criminal Statutes of Limitations
- Key law: Colorado Code Section 16-5-401
- Misdemeanors: 18 months
- Felonies: 3 years
Crimes for which there is no Colorado statute of limitations include murder, kidnapping, treason, sex offenses against children, and forgery. A five-year period generally applies to vehicular homicide and hit and runs involving death, although it is 10 years when both charges arise from the same episode. A one-year period applies to Class 1 and 2 misdemeanor traffic offenses, while a six-month period applies to petty offenses and civil infractions.
Connecticut Criminal Statutes of Limitations
- Key law: Connecticut General Statutes Section 54-193
- Misdemeanors: 1 year
- Felonies: 5 years
Crimes for which there is no Connecticut statute of limitations include class A felonies and crimes involving sexual abuse, sexual exploitation, or sexual assault when the victim was a minor at the time of the offense, among other crimes. A defendant cannot be prosecuted for sexual abuse, sexual exploitation, or sexual assault more than 30 years after the victim turns 21 if the victim was between 18 and 20 at the time of the offense. A 20-year statute of limitations applies to various other sex crimes when charged as class B, C, or D felonies.
Delaware Criminal Statutes of Limitations
- Key law: 11 Delaware Code Section 205
- Misdemeanors: 3 years for class A misdemeanors; 2 years for other misdemeanors
- Felonies: 5 years
Crimes for which there is no Delaware statute of limitations include murder or any class A felony. Certain types of sex crimes also have no statute of limitations. There is a two-year statute of limitations for violations. A prosecution for a crime covered by the general five-year, three-year, or two-year statute of limitations noted at the top of this entry may be brought within 10 years after the crime is committed if it is based on forensic DNA testing. Special rules apply to crimes such as those involving forgery, fraud, breach of fiduciary duty, or misconduct in office.
Florida Criminal Statutes of Limitations
- Key law: Florida Statutes Section 775.15
- Misdemeanors: 2 years for first-degree misdemeanors, 1 year for second-degree misdemeanors
- Felonies: 4 years for first-degree felonies, 3 years for other felonies
Crimes for which there is no Florida statute of limitations include a capital felony, a life felony, or a felony that resulted in death. A 10-year statute of limitations applies to felonies that arose from the use of a “destructive device” and caused injuries to a person. A five-year period applies to a handful of relatively obscure felonies, such as abusing or exploiting an elderly person or disabled adult or making a fraudulent insurance claim. A one-year period applies to non-criminal violations. Numerous other complex rules apply to various offenses.
Georgia Criminal Statutes of Limitations
- Key law: Georgia Code Section 17-3-1
- Misdemeanors: 2 years
- Felonies: 4 years (7 years if the victim was under 18 at the time)
There is no Georgia statute of limitations for murder, while a prosecution for other crimes punishable by death or life imprisonment generally must be brought within seven years after the crime is committed. (A 15-year period applies to a prosecution for forcible rape.) There may be no statute of limitations when DNA evidence is used to establish the identity of the accused regarding certain offenses, such as rape, armed robbery, kidnapping, aggravated sexual battery, and aggravated child molestation.
Hawaii Criminal Statutes of Limitations
- Key law: Hawaii Revised Statutes Section 701-108
- Misdemeanors: 2 years (1 year for petty misdemeanors)
- Felonies: 3 years
Crimes for which there is no Hawaii statute of limitations include murder, first-degree and second-degree sexual assault, sex trafficking, and continuous sexual assault of a minor under the age of 14. Manslaughter not involving the operation of a motor vehicle has a 10-year statute of limitations. A six-year period applies to Class A felonies. Parking violations have a two-year statute of limitations, while other violations have a one-year statute of limitations. Special rules apply to felonies involving DNA evidence from the offender, as well as offenses such as those involving fraud, deception, a breach of fiduciary obligation, or misconduct in office.
Idaho Criminal Statutes of Limitations
- Key law: Idaho Code Section 19-401 et seq.
- Misdemeanors: 1 year
- Felonies: 5 years
Crimes for which there is no Idaho statute of limitations include murder, voluntary manslaughter, most types of rape, sexual abuse of a child or lewd conduct with a child, or an act of terrorism. A prosecution for failing to report child abuse, abandonment, or neglect may be brought within four years, while a prosecution for misuse of funds may be brought within five years. A two-year period applies to sexual exploitation by a medical care provider.
Illinois Criminal Statutes of Limitations
- Key law: Illinois Compiled Statutes Section 5/3-5
- Misdemeanors: 18 months
- Felonies: 3 years
Crimes for which there is no Illinois statute of limitations include first-degree and second-degree murder, involuntary manslaughter, reckless homicide, arson, forgery, hit and runs involving injury or death, and any offense involving sexual conduct or sexual penetration as defined by Illinois law. A seven-year statute of limitations applies to crimes such as identity theft, financial exploitation of an elderly person or a person with a disability, or theft of property exceeding $100,000 in value, among others.
Indiana Criminal Statutes of Limitations
- Key law: Indiana Code Section 35-41-4-2
- Misdemeanors: 2 years
- Felonies: 5 years for Levels 3-6 (formerly Classes B, C, and D)
Crimes for which there is no Indiana statute of limitations include murder and Level 1 and 2 felonies, which were formerly known as Class A felonies. A prosecution for various sex offenses, such as child molestation, child solicitation, sexual misconduct with a minor, and incest, may be brought until the alleged victim turns 31. A five-year period applies to the forgery of an instrument for payment of money. Special rules apply to a prosecution for a Level 3, 4, or 5 felony (formerly a Class B or C felony) when DNA evidence is involved.
Iowa Criminal Statutes of Limitations
- Key law: Iowa Code Chapter 802
- Misdemeanors: 1 year for simple misdemeanors; 3 years for aggravated or serious misdemeanors
- Felonies: 3 years
Crimes for which there is no Iowa statute of limitations include first-degree and second-degree murder, as well as first-degree, second-degree, and third-degree sexual abuse when the victim was under 18 and human trafficking involving a victim under 18. A 10-year period applies to other first-degree, second-degree, and third-degree sexual abuse, or a three-year period after the offender is identified by their DNA profile if that is later. There is no statute of limitations for various other sex crimes involving a victim under 18, such as incest, indecent contact with a child, sexual misconduct with a juvenile, and sexual exploitation of a minor. A prosecution for first-degree, second-degree, or third-degree kidnapping of a person under 18 must be brought by the time that the victim turns 28, or within three years of when the offender is identified by their DNA profile if that is later.
Kansas Criminal Statutes of Limitations
- Key law: Kansas Statutes Section 21-5107
- Misdemeanors: 5 years
- Felonies: 5 years
Crimes for which there is no Kansas statute of limitations include murder, rape, aggravated criminal sodomy, terrorism, or illegal use of weapons of mass destruction. For sexually violent crimes involving a victim who was 18 or older, a prosecution must be brought within 10 years or one year after the identity of the suspect is established by DNA testing if that is later. For sexually violent crimes involving a victim who was under 18, a prosecution must be brought by the time that the victim turns 28 or one year after the identity of the suspect is established by DNA testing if that is later. A 10-year period applies to crimes committed against the Kansas public employees retirement system.
Kentucky Criminal Statutes of Limitations
- Key law: Kentucky Revised Statutes Section 500.050
- Misdemeanors: 1 year
- Felonies: None
The Kentucky statute of limitations also provides that a prosecution for a misdemeanor sex offense against a victim who was a minor at the time must be brought by the time that the victim turns 28.
Louisiana Criminal Statutes of Limitations
- Key law: Louisiana Code of Criminal Procedure Article 572
- Misdemeanors: 6 months if punishable by fine or forfeiture; 2 years if punishable by fine or imprisonment
- Felonies: 4 years if not necessarily punishable by imprisonment at hard labor; 6 years if necessarily punishable by imprisonment at hard labor
Crimes for which there is no Louisiana statute of limitations include those for which the punishment may be death or life imprisonment, as well as forcible or second-degree rape. For certain sex crimes involving a victim under 18 at the time, a prosecution must be brought by the time that the victim turns 48. In general, a prosecution for any sex crime may be brought outside the applicable limitations period if the identity of the offender is established by a DNA profile, which creates a separate three-year limitations period starting on that date.
Maine Criminal Statutes of Limitations
- Key law: 17-A Maine Revised Statutes Section 8
- Misdemeanors: 3 years (Class D or E crimes)
- Felonies: 6 years (Class A, B, or C crimes)
Maine no longer uses the terms “misdemeanors” and “felonies,” but Class D and E crimes carry maximum imprisonment terms less than a year, while Class A, B, and C crimes carry maximum imprisonment terms longer than a year. Crimes for which there is no Maine statute of limitations include murder or criminal homicide in the first or second degree, as well as rape or gross sexual assault, sexual abuse of a minor, unlawful sexual contact, and incest if the victim was under the age of 16 at the time. A 20-year period generally applies to a Class A, B, or C crime involving unlawful sexual contact or gross sexual assault. Special rules apply to crimes based on a breach of fiduciary obligation or official misconduct.
Maryland Criminal Statutes of Limitations
- Key law: Maryland Courts and Judicial Proceedings Code Section 5-106
- Misdemeanors: 1 year
- Felonies: None
Although the Maryland statute of limitations for misdemeanors is generally one year, a prosecution may be brought at any time if a statute provides that a misdemeanor is punishable by imprisonment in the penitentiary. A two-year period applies to a charge of unlawfully using a driver’s license or second-degree abuse or neglect of a vulnerable adult, while a three-year period applies to various welfare offenses and computer crimes.
Massachusetts Criminal Statutes of Limitations
- Key law: Massachusetts General Laws Chapter 277, Section 63
- Misdemeanors: 6 years
- Felonies: 6 years
Crimes for which there is no Massachusetts statute of limitations include murder, indecent assault and battery on a child under 14, rape of a child, rape and abuse of a child, and assault of a child, among others. A 15-year period applies to rape, assault with intent to commit rape, and certain other offenses. A 10-year period applies to armed robbery, assault with intent to rob or murder, robbery by an unarmed person, “stealing by confining or putting in fear,” and certain other offenses. When victims of certain crimes are under 16 when the crime is committed, the limitations period does not start until they turn 16, or until the violation is reported to law enforcement if that is earlier.
Michigan Criminal Statutes of Limitations
- Key law: Michigan Compiled Laws Section 767.24
- Misdemeanors: 6 years
- Felonies: 6 years
Crimes for which there is no Michigan statute of limitations include murder and first-degree criminal sexual conduct, as well as violations of penal statutes involving terrorism, human trafficking, and explosives or bombs that are punishable by life imprisonment. A 25-year period applies to various other offenses involving human trafficking. For certain sex crimes, a prosecution may be brought within 10 years or by the time that the alleged victim turns 21 if that is later. (DNA evidence may alter this period.) For second-degree and third-degree criminal sexual conduct against a victim under 18, a prosecution may be brought within 15 years or by the time that the alleged victim turns 28 if that is later. (Again, DNA evidence may alter this period.) A 10-year period generally applies to kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, armed robbery, and first-degree home invasion.
Minnesota Criminal Statutes of Limitations
- Key law: Minnesota Statutes Section 628.26
- Misdemeanors: 3 years
- Felonies: 3 years
Crimes for which there is no Minnesota statute of limitations include homicide, kidnapping, sex trafficking, criminal sexual conduct in the first through fourth degrees, and sexual extortion, as well as labor trafficking involving a victim under 18. A six-year period applies to labor trafficking involving a victim who was 18 or older, as well as medical assistance fraud. Financial exploitation of a vulnerable adult, check forgery, identity theft, and certain other financial offenses may be subject to a five-year period, as well as arson in the first through third degrees.
Mississippi Criminal Statutes of Limitations
- Key law: Mississippi Code Section 99-1-5
- Misdemeanors: 2 years
- Felonies: 2 years
Crimes for which there is no Mississippi statute of limitations include murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, human trafficking, felonious abuse or battery of a child, sexual battery of a child, and various other offenses against children. A five-year period applies to felonious abuse of vulnerable persons and felonious assistance-program fraud. A six-year period applies to larceny of timber.
Missouri Criminal Statutes of Limitations
- Key law: Missouri Revised Statutes Section 556.036
- Misdemeanors: 1 year
- Felonies: 3 years
Crimes for which there is no Missouri statute of limitations include murder, first-degree or forcible rape, first-degree or forcible sodomy, and any class A felony. A six-month period applies to infractions, while a five-year period applies to first-degree arson (when classified as a class B felony), second-degree arson, and “knowingly burning or exploding.” Special rules apply to offenses involving fraud, a breach of fiduciary obligation, misconduct in office, or an intentional and willful fraudulent claim of child support arrearage to a public servant.
Montana Criminal Statutes of Limitations
- Key law: Montana Code Section 45-1-205
- Misdemeanors: 1 year
- Felonies: 5 years
Crimes for which there is no Montana statute of limitations include deliberate, mitigated, or negligent homicide, as well as numerous sex crimes committed against victims who were under 18. A 10-year period applies to felonies involving sexual assault, sexual intercourse without consent, indecent exposure, certain types of incest, sexual abuse of children, and ritual abuse of minors. (DNA evidence may alter this period.) The theft statute of limitations is at least five years. A three-year period applies to reckless driving or careless driving resulting in death. Further distinctive rules apply to theft involving a breach of fiduciary obligation, unlawful use of a computer, and misdemeanor fish and wildlife violations, among others.
Nebraska Criminal Statutes of Limitations
- Key law: Nebraska Revised Statutes Section 29-110
- Misdemeanors: 18 months (1 year if the offense is punishable by no more than $100 fine and 3 months’ imprisonment)
- Felonies: 3 years
Crimes for which there is no Nebraska statute of limitations include murder, treason, arson, forgery, first-degree and second-degree sexual assault, sexual assault of a child in the first through third degrees, incest, labor trafficking or sex trafficking of a minor, various child pornography offenses, and third-degree sexual assault against a victim under 16. A seven-year statute of limitations generally applies to kidnapping, false imprisonment, child abuse, pandering, and various other offenses, although the period extends until the victim turns 23 if that is later. A five-year period applies to identity theft, identity fraud, certain violations of the Nebraska Securities Act, and certain other offenses. A six-year period applies to knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult.
Nevada Criminal Statutes of Limitations
- Key law: Nevada Revised Statutes Section 171.080 et seq.
- Misdemeanors: 1 year for simple misdemeanors, 2 years for gross misdemeanors
- Felonies: 3 years
Crimes for which there is no Nevada statute of limitations include murder, terrorism, sexual assault based on the same facts and circumstances as murder, or sexual assault involving a DNA profile. There is also no limitation for sexual assault or sex trafficking when a written report is filed with a law enforcement officer during the limitation period. A 20-year period applies to other cases of sexual assault, while a six-year period applies to sex trafficking, and a four-year period applies to theft, robbery, burglary, forgery, arson, and certain other crimes. The limitation for kidnapping or attempted murder is extended for five years when a written report is filed with a law enforcement officer during the limitation period.
New Hampshire Criminal Statutes of Limitations
- Key law: New Hampshire Revised Statutes Section 625:8
- Misdemeanors: 1 year
- Felonies: 6 years
There is no New Hampshire statute of limitations for murder. A six-year period applies to unemployment compensation offenses, while a two-year period applies to forgery when it is a class A misdemeanor. A three-month period generally applies to violations, although a six-month period applies to violations involving a motor vehicle accident that resulted in death or serious injury. A prosecution for sexual assault and related offenses, or for incest, committed against a person who was under 18 may be brought until they turn 40. A three-year period applies to various offenses involving fish and game. A 20-year period applies to human trafficking, although it extends until the victim turns 38 if they were under 18 at the time.
New Jersey Criminal Statutes of Limitations
- Key law: New Jersey Revised Statutes Section 2C:1-6
- Misdemeanors: 5 years
- Felonies: 5 years
Crimes for which there is no New Jersey statute of limitations include murder, manslaughter, sexual assault, terrorism offenses, “causing or risking widespread injury or damage,” and others. A seven-year period applies to bribery in official or political matters, compounding, official misconduct, and speculating or wagering on official action or information, among other crimes. A prosecution for criminal sexual contact or endangering the welfare of a child, when the victim was under 18 at the time, must be brought by the time that the victim turns 23, or within two years of the discovery of the offense by the victim if that is later. A one-year period applies to disorderly persons offenses and petty disorderly persons offenses.
New Mexico Criminal Statutes of Limitations
- Key law: New Mexico Statutes Section 30-1-8
- Misdemeanors: 2 years (1 year for petty misdemeanors)
- Felonies: 5 years for third-degree and fourth-degree felonies, 6 years for second-degree felonies
There is no New Mexico statute of limitations for a capital felony or a first-degree violent felony. Certain unemployment compensation violations have a three-year limitations period, while identity theft has a five-year statute of limitations that starts running when the crime is discovered. Certain felony tax offenses also have a five-year statute of limitations, with some nuances.
New York Criminal Statutes of Limitations
- Key law: New York Criminal Procedure Law Section 30.10
- Misdemeanors: 2 years
- Felonies: 5 years
Crimes for which there is no New York statute of limitations include a class A felony, as well as first-degree rape, first-degree aggravated sexual abuse, first-degree course of sexual conduct against a child, and first-degree incest. A 20-year period applies to second-degree rape, second-degree criminal sexual act, and second-degree incest (when the crime committed is second-degree rape or second-degree criminal sexual act), although a prosecution must be brought within 10 years after the offense is reported to law enforcement if that is earlier. A 10-year period applies to third-degree rape and third-degree criminal sexual act. A one-year period applies to petty offenses. Limitations periods may be extended in various situations.
North Carolina Criminal Statutes of Limitations
- Key law: North Carolina General Statutes Section 15-1
- Misdemeanors: 2 years (but none for malicious misdemeanors)
- Felonies: None
The North Carolina statute of limitations is also two years for deceit, malicious mischief, and petit larceny involving $5 or less of property. A 10-year statute of limitations applies to a handful of misdemeanors, including sexual battery, indecent liberties between children, child abuse, and failing to report crimes against juveniles.
North Dakota Criminal Statutes of Limitations
- Key law: North Dakota Century Code Chapter 29-04
- Misdemeanors: 2 years
- Felonies: 3 years
There is no North Dakota statute of limitations for murder, while a seven-year period applies to human trafficking and a certain type of gross sexual imposition. A two-year period applies to infractions. For various sex crimes, a prosecution may be brought within 21 years if the victim was under 18 when it was committed, or alternatively within three years after the offense was reported to law enforcement if the victim did not report the offense within the 21-year period. (DNA evidence may alter this period.) Moreover, if a victim of human trafficking or a sex crime was under 15, the limitations period does not start running until the victim turns 15.
Ohio Criminal Statutes of Limitations
- Key law: Ohio Revised Code Section 2901.13
- Misdemeanors: 2 years (6 months for minor misdemeanors)
- Felonies: 6 years
There is no Ohio statute of limitations for murder and aggravated murder. A 20-year period applies to voluntary manslaughter, involuntary manslaughter, kidnapping, human trafficking, unlawful sexual conduct with a minor, gross sexual imposition, compelling prostitution, aggravated arson, certain offenses related to terrorism and illegal weapons, robbery, aggravated robbery, burglary, aggravated burglary, and aggravated riot, as well as a handful of other offenses. A 25-year period applies to rape and sexual battery. Certain situations may extend the statute of limitations for some offenses.
Oklahoma Criminal Statutes of Limitations
- Key law: Oklahoma Statutes Section 22-152
- Misdemeanors: 3 years
- Felonies: 3 years
There is no Oklahoma statute of limitations for murder, while a 10-year period applies to first-degree and second-degree manslaughter. A seven-year period applies to bribery, embezzlement of public funds, and certain similar offenses, while a five-year period applies to state income tax violations. Prosecutions for various sexual crimes when committed against children must be brought by the time that the victim turns 45. Prosecutions for these crimes when committed against victims who are 18 or older must be brought within 12 years after the crime is reported to law enforcement. (DNA evidence may alter these periods.) A seven-year period applies to arson and criminal violations in which a deadly weapon is used to commit a felony. A five-year period applies to the crime of a false or bogus check. A human trafficking charge must be brought within three years after the crime is reported.
Oregon Criminal Statutes of Limitations
- Key law: Oregon Revised Statutes Section 131.125
- Misdemeanors: 2 years
- Felonies: 3 years
There is no Oregon statute of limitations for murder and manslaughter. A 12-year period applies to first-degree rape, first-degree sodomy, first-degree unlawful sexual penetration, and first-degree sexual abuse. (If any of these crimes was committed against a victim who was under 18, a prosecution may be brought until the victim turns 30.) A six-year period applies to arson, felony strangulation, first-degree criminal mistreatment, second-degree or third-degree rape, second-degree or third-degree sodomy, second-degree unlawful sexual penetration, second-degree sexual abuse, incest, promoting or compelling prostitution, luring a minor, first-degree encouraging child sexual abuse, and using a child in a display of sexual conduct. (For crimes in that list other than arson, special rules apply if the victim was under 18.) A four-year period applies to a handful of misdemeanors, including misdemeanor strangulation, third-degree sexual abuse, and exhibiting an obscene performance or displaying obscene materials to a minor. (Again, special rules apply if the victim was under 18.) A six-month period applies to violations.
Pennsylvania Criminal Statutes of Limitations
- Key law: Pennsylvania Consolidated Statutes Section 5552
- Misdemeanors: 2 years
- Felonies: 2 years
Crimes for which there is no Pennsylvania statute of limitations include murder, voluntary manslaughter, vehicular homicide, and various sex crimes involving victims under 18. A five-year period applies to numerous major offenses, such as aggravated assault, terroristic threats, kidnapping, arson, burglary, robbery, forgery, perjury, prostitution, insurance fraud, and certain weapons offenses. A 12-year period generally applies to certain major sexual offenses, such as rape, statutory sexual assault, sexual assault, aggravated indecent assault, incest, and sexual abuse of children.
Rhode Island Criminal Statutes of Limitations
- Key law: Rhode Island General Laws Section 12-12-17
- Misdemeanors: 3 years
- Felonies: 3 years
Crimes for which there is no Rhode Island statute of limitations include homicide, arson, treason, burglary, counterfeiting, forgery, robbery, rape, first-degree sexual assault, first-degree and second-degree child molestation sexual assault, and bigamy, as well as manufacturing, selling, distributing, or possessing with intent to manufacture, sell, or distribute a controlled substance. There is also no limitations period for any crime that may lead to a sentence of life imprisonment. A 10-year period applies to certain other crimes, such as embezzlement, receiving stolen property, obtaining property by false pretenses, and any larceny punishable as a felony, as well as bribery, perjury, antitrust violations, bank fraud, residential mortgage fraud, and false statements to obtain a loan.
South Carolina Criminal Statutes of Limitations
- Key law: None
- Misdemeanors: None
- Felonies: None
With very rare exceptions, there is no South Carolina statute of limitations for any type of crime.
South Dakota Criminal Statutes of Limitations
- Key law: South Dakota Codified Laws Section 23A-42-2
- Misdemeanors: 7 years
- Felonies: 7 years
The South Dakota statute of limitations provides that most prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature must be brought within seven years. However, there is no limitation for Class A, B, or C felonies, which are those that carry a potential life imprisonment sentence. For forgery and theft, the limitations period starts at the discovery of the crime, rather than its commission.
Tennessee Criminal Statutes of Limitations
- Key law: Tennessee Code Section 40-2-101
- Misdemeanors: 12 months
- Felonies: 2-15 years (see below)
There is no Tennessee statute of limitations for any offense punishable with death or life imprisonment. There may be no statute of limitations for rape or aggravated rape if the victim was an adult and notified law enforcement within three years of the offense. Otherwise, the statute of limitations is 15 years for Class A felonies, eight years for Class B felonies, four years for Class C and D felonies (but eight years for arson), and two years for Class E felonies. A three-year period generally applies to offenses under revenue laws, although it is six years in some cases. A six-month period applies to misdemeanors involving gaming.
Texas Criminal Statutes of Limitations
- Key law: Texas Code of Criminal Procedure Article 12.01 et seq.
- Misdemeanors: 2 years
- Felonies: 3 years
Crimes for which there is no Texas statute of limitations include murder, manslaughter, hit and run involving death, indecency with a child, and certain types of sexual assault, human trafficking, and compelling prostitution. A 10-year period applies to felonies such as forgery, arson, and certain other types of sexual assault, human trafficking, and compelling prostitution. A seven-year period applies to felonies such as money laundering, misapplication of fiduciary property, credit card or debit card abuse, and health care fraud. A five-year period applies to felonies such as theft, robbery, most kidnapping and burglary offenses, child endangerment, and insurance fraud. Special rules apply to a handful of offenses committed against children.
Utah Criminal Statutes of Limitations
- Key law: Utah Code Section 76-1-302
- Misdemeanors: 2 years (except 4 years for negligent homicide)
- Felonies: 4 years
Crimes for which there is no Utah statute of limitations include capital felonies, murder, aggravated murder, manslaughter, child kidnapping, aggravated kidnapping, rape, rape of a child, forcible sodomy, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, human trafficking of a child, and aggravated human trafficking or aggravated human smuggling. For unlawful sexual activity with a minor or unlawful sexual conduct with a 16- or 17-year-old, the period is 10 years after the victim turns 18. A prosecution for bribery, falsifying government records, or misusing public funds must be brought within two years after the offense is reported to a prosecutor. A prosecution for forcible sexual abuse or incest may be brought within eight years if the offense is reported to law enforcement within four years. A one-year period applies to infractions. Special rules apply to offenses involving fraud, a breach of a fiduciary obligation, or misconduct by a public officer or employee.
Vermont Criminal Statutes of Limitations
- Key law: 13 Vermont Statutes Section 4501
- Misdemeanors: 3 years
- Felonies: 3 years
Crimes for which there is no Vermont statute of limitations include murder, manslaughter, sexual assault, aggravated sexual assault, aggravated sexual assault of a child, human trafficking, aggravated human trafficking, arson causing death, and kidnapping. A 40-year period applies to offenses such as maiming, lewd or lascivious conduct with a child, lewd and lascivious conduct allegedly committed against someone under 18, and sexual exploitation of children. An 11-year period applies to arson and first-degree aggravated domestic assault. A six-year period applies to offenses such as lewd and lascivious conduct committed against someone 18 or older, grand larceny, robbery, burglary, embezzlement, forgery, bribery, false claims, and felony tax offenses.
Virginia Criminal Statutes of Limitations
- Key law: Virginia Code Section 19.2-8
- Misdemeanors: 1 year
- Felonies: None
The Virginia statute of limitations explicitly provides that there is no limitation on a prosecution for murder or manslaughter. The Virginia Code provides limitations periods for numerous specific offenses. For example, a five-year period applies to petit larceny and cruelty to non-agricultural animals, a three-year period applies to tax evasion and certain wildlife and fish offenses, and a two-year period applies to an attempt to produce abortion and non-felonious malfeasance in office. A prosecution for violating the Campaign Finance Disclosure Act must be brought within one year of discovery, but no more than three years after the offense.
Washington Criminal Statutes of Limitations
- Key law: Revised Code of Washington Section 9A.04.080
- Misdemeanors: 1 year (2 years for gross misdemeanors)
- Felonies: 3 years
Crimes for which there is no Washington statute of limitations include murder, arson resulting in death, vehicular homicide, vehicular assault resulting in death, first-degree or second-degree rape of a victim under 16, rape of a child in the first through third degrees, child molestation in the first through third degrees, and sexual exploitation of a minor. A 20-year period applies to first-degree and second-degree rape, as well as indecent liberties. A 10-year period applies to offenses such as attempted murder, third-degree rape, and arson not resulting in death. A six-year period applies to offenses such as felony money laundering, felony identity crimes, and certain types of theft.
Washington, D.C. Criminal Statutes of Limitations
- Key law: District of Columbia Code Section 23-113
- Misdemeanors: 3 years
- Felonies: 3 years
Crimes for which there is no Washington, D.C. statute of limitations include various types of murder, sexual abuse in the first through fourth degrees, first-degree and second-degree child sexual abuse, first-degree and second-degree sexual abuse of a minor, and incest. A 10-year period applies to offenses such as trafficking in labor or commercial sex, enticing a child for the purpose of committing felony sexual abuse, using a minor in a sexual performance or promoting a sexual performance by a minor, and various prostitution-related offenses. Special rules apply to crimes involving official conduct by public officers or employees, as well as crimes involving fraud or breach of fiduciary trust.
West Virginia Criminal Statutes of Limitations
- Key law: West Virginia Code Section 61-11-9
- Misdemeanors: 1 year
- Felonies: None (except 3 years for perjury)
The West Virginia statute of limitations provides requirements only for perjury and for misdemeanors. It also describes what happens when an indictment is stolen, lost, or destroyed.
Wisconsin Criminal Statutes of Limitations
- Key law: Wisconsin Statutes Section 939.74
- Misdemeanors: 3 years
- Felonies: 6 years
Crimes for which there is no Wisconsin statute of limitations include first-degree and second-degree intentional homicide, first-degree reckless homicide, felony murder, first-degree sexual assault, and first-degree sexual assault of a child. A 15-year period applies to second-degree reckless homicide, while a 10-year period applies to second-degree and third-degree sexual assault. Special rules apply to certain types of theft and certain crimes against children. DNA evidence may alter the limitations period for some crimes.
Wyoming Criminal Statutes of Limitations
- Key law: None
- Misdemeanors: None
- Felonies: None
There is no Wyoming statute of limitations for prosecuting any crime.