8. Criminal Statutes of Limitation
A statute of limitation is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has run, the criminal is essentially free.
Statutes of limitation generally require the criminal to remain in the state, gainfully employed and visible, seeming to necessitate that the criminal remain “catch-able.” If the authorities fail to discover a criminal living in the open within a specified amount of time, society has determined that at that point the criminal should be able to live free from the possibility of prosecution. It appears that this notion is born out of a sense of mercy more than pragmatics: if the criminal is a fugitive, out of the state in which the crime was committed or otherwise living in hiding, this tolls, or suspends, the statute. (Once the criminal reenters the state the statute resumes running.) However, if the criminal were living an open, public, so-called “reformed” life, after a reasonable period of time he is allowed to be free from capture.
8. Criminal Statutes of Limitation
A statute of limitation is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has run, the criminal is essentially free.
Statutes of limitation generally require the criminal to remain in the state, gainfully employed and visible, seeming to necessitate that the criminal remain “catch-able.” If the authorities fail to discover a criminal living in the open within a specified amount of time, society has determined that at that point the criminal should be able to live free from the possibility of prosecution. It appears that this notion is born out of a sense of mercy more than pragmatics: if the criminal is a fugitive, out of the state in which the crime was committed or otherwise living in hiding, this tolls, or suspends, the statute. (Once the criminal reenters the state the statute resumes running.) However, if the criminal were living an open, public, so-called “reformed” life, after a reasonable period of time he is allowed to be free from capture.
Not all crimes are governed by statutes of limitation. Murder, for example, has none. Sex offenses with minors, crimes of violence, kidnapping, arson, and forgery have no statutes of limitation in a number of states. In Arizona and California crimes involving public money or public records have no statutes of limitation. While in Colorado, treason has none. Idaho and Michigan have recently added terrorism to the list of crimes in those states with no statute of limitations. Since, no other states have specifically mentioned terrorism. This may signal a new trend among the states.
Many states have adopted systems that classify felonies by category. Therefore, in order to effectively compare statutes of limitation provisions, it is necessary to determine which crimes in that state fit into particular classes. For example, Missouri lists murder or Class A felonies as crimes with no statutes of limitation. Each crime must then be looked up in that state’s statutes to determine its classification.
| Table 8: Criminal Statutes of Limitation |
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| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| ALABAMA | 15-3-1 et seq. | Arson, forgery, any capital offense, counterfeiting, use, attempted use, or threat of violence, felony with serious physical injury/death, any sex offense with one under 16, drug trafficking: none; other felonies: 3 yrs.; conversion of state or county revenue: 6 yrs.; unlawfully taking or using temporarily the property of another: 30 days | 12 mos. | Prosecution commences upon indictment, issuing warrant or binding over of defendant |
| ALASKA | 12.10.010 et seq. | Murder: none; 10 yrs. for certain violent felonies; felony sexual abuse of a minor: none; other felonies: 5 yrs., any offense that includes fraud or breach of fiduciary obligation, official misconduct in public office: extension 1 year after discovery offense, with a maximum extension of 3 years | 5 yrs. | If outside the state hiding, maximum extension 3 yrs when a prosecution against the accused for the same conduct is pending in this state |
| ARIZONA | 13-107 | Homicide, violent sexual assault, misuse of public money, falsifying public records: none; other felonies: 7 yrs. | 1 yr.; petty offenses: 6 mos. | Absent from state or no reasonably ascertainable residence in state; identity not known |
| ARKANSAS | 5-1-109 | Murder: none; rape: 15 yrs.; Class Y and A felonies: 6 yrs.; Class B, C, D, or unclassified felonies: 3 yrs.; if offense involves fraud or breach of fiduciary duty: 1 yr.; felonious conduct in public office: 5 yrs. with max. extension to 10 yrs.; if offense is against minor and limitation period has not expired since victim turned 18, statutory period for offense starts at age of majority | 1 yr. | Continually absent from state or has no reasonably ascertainable home or work within the state, max. extension 3 yrs. when a prosecution against the accused for the same conduct is pending in this state |
| CALIFORNIA | Pen. §§799 et seq. | Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds: none; offenses punishable by 8 or more years in prison: 6 yrs.; offenses punishable by imprisonment: 3 yrs. | 1 yr.; misdemeanor violation committed on a minor under 14: 3 yrs.; sexual exploitation by physician or therapist: 2 yrs. | Not in state, max. extension 3 yrs.; statutory periods do not begin until offense is or should have been discovered |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| COLORADO | 16-5-401 | Murder, attempt, conspiracy, or solicitation to commit murder, kidnapping, attempt, conspiracy or solicitation to commit kidnapping, treason, attempt, conspiracy, or solicitation to commit treason, any forgery regardless of penalty provided, attempt, conspiracy or solicitation to commit any forgery regardless of penalty provided: none; sexual assault, aggravated incest, trafficking in or sexual exploitation of children, soliciting for child prostitution, pandering or procurement of a child: 10 yrs.; other felonies: 3 yrs. (bribery and abuse of public office: 3 yr. extension; sexual offenses on children under 15 yrs. of age: 7 yr. extension) | 18 mos.; Class I and II and traffic offenses: 1 yr.; petty offenses: 6 mos.; 3rd degree sexual assault: 5 yrs. | Absent from state: 5 yrs. maximum extension |
| CONNECTICUT | 54-193 et seq. | Murder or capital, Class A felony: none; if imprisonment is more than 1 yr.: 5 yrs.; any other: 1 yr.; sexual abuse, exploitation, or assault: 30 yrs. after victim reaches majority or 5 yrs. from date of notification by victim, whichever is earlier (5 yrs. max.); when DNA available for sexual assault offenses: 20 yrs. if DNA evidence establishes the identity of the person who committed the offense and the victim notified police within 5 yrs. of offense | 1 yr. | Fleeing or residing outside state |
| DELAWARE | Tit. 11§205(a), (b), (h), (c), (e), (i) | Murder, attempt to commit murder, Class A felony, attempt to commit Class A felony: none; others: 5 yrs. unless forensic DNA evidence, then 10 yrs.; any offense which includes forgery, fraud, breach of fiduciary duty, theft or misapplication of property, misconduct in public office: additional 3 yrs.; any sexual offense where victim was under 18 yrs. of age | Class A: 3 yrs.; others: 2 yrs. | Fleeing or hiding from justice action commenced |
| DISTRICT OF COLUMBIA | 23-113 | 1st or 2nd degree murder: none; sexual abuse in first or second degree: 15 years; other felonies in 1st and 2nd degree: 6 yrs.; all other crimes: 3 yrs.; except if offense included official misconduct, fraud or breach of fiduciary trust: max. 9 yrs. felony, 6 yrs. misdemeanor | 3 yrs. | Fleeing or action commenced |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| FLORIDA | 775.15 | Felony that resulted in death: none; perjury in official proceeding that relates to prosecution of a capitol felony: none; capital or life felony: none; 1st degree felony: 4 yrs.; felony resulting in injury to person, where felony arises from use of destructive device: 10 years; 2nd degree felony for abuse or neglect of aged or disabled adult: 5 yrs.; others: 3 yrs.; other felony, violation of securities transaction: 5 yrs.; violation of environmental control: 5 yrs. of date of discovery; any offense which fraud or breach of fiduciary obligation is a material element: 3 yrs.; misconduct in public office: within 2 yrs. of leaving office or any above limit, whichever is greater; sexual offenses (battery, assault, intercourse under age 18): begins running at age 16 or when violation is reported, whichever is earlier. | Other 1st degree misdemeanors: 2 yrs.; 2nd degree and noncriminal violations: 1 yr. | Continually absent from state, no reasonably ascertainable work or abode in state: maximum extension 3 yrs. |
| GEORGIA | 17-3-1,2,2.1 | Forcible rape: 15 yrs.; Murder: none; crimes punishable by death or life imprisonment: 7 yrs.; others: 4 yrs.; crimes against victims under 14: 18 yrs.; for victims under 16 yrs. of age of offenses such as rape, sodomy, incest, and child molestation (occurring after 7/1/ 92), the statute will run upon the victim turning 16 or when the violation is reported, whichever occurs earlier. If DNA evidence establishes identity of accused in armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery: none | 2 yrs. | Nonresident; when person or crime is unknown |
| HAWAII | 701-108 | 1st or 2nd degree murder or 1st, 2nd degree attempted murder or criminal solicitation to commit murder: none; manslaughter where death was not caused by operating a motor vehicle: 10 yrs.; Class A felony: 6 yrs.; others: 3 yrs.; if fraud or breach of fiduciary obligation is element: 2-6 yrs. extension after discovery; if based on misconduct in public office: 2-3 yrs. extension upon discovery | Misdemeanor or parking violation: 2 yrs.; petty misdemeanors: 1 yr. | Continuously absent from state or no reasonably ascertainable residence or work within the state, while prosecution is pending: maximum extension 4 yrs.; prosecution pending |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| IDAHO | 19-401, et seq. | Murder, voluntary manslaughter, rape; sexual abuse of a child or lewd conduct with a child; acts of terrorism: none; other felonies: 5 yrs. | 1 yr. | Absent from state |
| ILLINOIS | 720 ILCS 5/3-5; 5/3-7 | 1st or 2nd degree murder, attempt to commit first degree murder, criminal solicitation to commit murder, involuntary manslaughter, reckless homicide, treason, arson, forgery: none; others: 3 yrs. Extended limitations when: victim of theft a minor or under legal disability, then during minority or legal disability or within 1 yr. of termination; misconduct in public office: within 1 yr. of discovery, max 3 yr. extension; incestual sexual conduct or penetration of a minor: 1 yr. after victim turns 18; child pornography, indecent solicitation or juvenile pimping of a child, sexual abuse of a minor: within 1 yr. of victim turning 18, 3 yr. minimum; sexual conduct or penetration in professional of fiduciary relationship: 1 yr. after discovery by victim; hazardous waste violations: 5 yrs. after discovery; criminal sexual assault, aggravated criminal sexual assault, aggravated criminal sexual abuse: 10 yrs, or 2 yrs. if reported; criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault, aggravated criminal sexual abuse, or failure to report those offenses under Abused and Neglected Child Reporting Act: 20 yrs. after victim turns 18; any offense involving sexual conduct or penetration of a minor where DNA profile of offender entered in database within 10 yrs., victim reported within 2 yrs. (unless given longer under statute), and offender’s identity unknown: none | 18 mos. | Nonresident prosecution pending |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| INDIANA | 35-41-4-2 | Murder, Class A felony: none; others, Class B, C, D felony, forgery of an instrument for payment: 5 yrs.; child molesting (if person is at least 16 and victim is not more than 2 yrs. younger: 5 yrs.), vicarious sexual gratification, child solicitation or seduction, incest: when alleged victim turns 31 yrs. of age; Class B and C felony extended 1 yr. after DNA evidence revealing identity of offender discovered or should have been discovered | 2 yrs. | Nonresident, absent state, conceals self or evidence of crime; prosecution is considered timely if defendant pleads guilty at any time |
| IOWA | 802.1, et seq. | 1st and 2nd degree murder: none; others: 3 yrs.; 1st, 2nd, 3rd degree sex abuse committed on or with a person under 18: within 10 yrs. after victim turns 18; other 1st, 2nd, 3rd degree sex abuse: 10 yrs; incest with person under 18: within 10 yrs. after victim turns 18; sexual exploitation by counselor or therapist: 10 yrs., unless victim under 18 yrs., then 10 yrs. after victim turns 18; fraud or breach of fiduciary duty: extension up to 3 yrs. | Serious misdemeanor: 3 yrs.; simple misdemeanor or violation of ordinances: 1 yr. | Outside state or nonresident |
| KANSAS | 21-3106 | Murder: none; if victim is the Kansas public employees retirement system: 10 yrs.; victim under 16, indecent liberties with child, solicitation of child, incest or sexual exploitation of child and all rape and aggravated criminal sodomy: 5 yrs. or within 1 yr of DNA evidence establishing offender’s identity, whichever is later; others: 2 yrs; arson: 5 yrs. | 2 yrs. | Absent state or concealed within state; concealed crime |
| KENTUCKY | 500.050 | Felony: none | 1 yr. | |
| LOUISIANA | Crim. Proc. Art. 571 et seq., 572, 575 | Crimes with punishment of death or life imprisonment: none; felony punishable by hard labor: 6 yrs.; felony not necessarily punishable by hard labor: 4 yrs.; forcible rape, none; forcible rape, sexual battery (aggravated), carnal knowledge, indecent behavior or molestation of juvenile, crime against nature involving victim under 17 yrs. of age: 10 yrs. beginning when victim turns 18 yrs. old | Punishment of fine or forfeiture: 6 mos.; fine and/or prison: 2 yrs. | Avoiding detection, fleeing, outside state, absent residence in state; lacks mental capacity to proceed at trial |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| MAINE | Tit. 17-A §8 | Murder, 1st or 2nd degree criminal homicide, incest, rape, or gross sexual assault if victim is under 16 yrs. of age: none; Class A, B, C crime: 6 yrs.; Class D, E crime: 3 yrs.; if breach of fiduciary obligation: 1 yr., max. extension: 5 yrs.; official misconduct: 2 yrs., max. extension: 5 yrs. | | Absent state or prosecution pending in state: maximum 5 yrs. extension |
| MARYLAND | Cts. & Jud. Proc. §§5-106, 107 | Murder: none; manslaughter or homicide by vehicle, welfare or Medicare fraud, tax-related offense, sex discrimination in paying wages, compensation in connection with adoption, unauthorized practice of medicine: 3 yrs.; criminal offense under state election laws, conflict of interest laws, or criminal misfeasance by officer of the state (or conspiracy thereof): 2 yrs.; assault, libel, or slander: 1 yr. | Misdemeanor punishable by imprisonment: none; other misdemeanors: 1 yr.; vehicle violations of unlawfully using a driver’s license or fraudulently using false name when applying for driver’s license: 2 yrs.; Sabbath breaking, drunkenness, or selling alcoholic beverages after hours or to a minor in Allegany County: 30 days | |
| MASSACHUSETTS | Ch. 277§63 | Murder: none; robbery, intent to rob or murder with dangerous weapon: 10 yrs; rape, assault with intent to rape, rape/abuse/assault of child: 15 yrs.; others: 6 yrs.; indecent assault on child, on mentally retarded person, rape/abuse/assault of child, kidnapping of minor, sexual offenses such as drugging for sex, enticing for marriage, inducing minor into prostitution, lewd and lascivious behavior or acts, dissemination of harmful matter to minors, exhibiting nudity, or crime against nature: when victim reaches 16 yrs. old or violation is reported, whichever is earlier | 6 yrs. | Tolled when defendant is not usually and publicly resident |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| MICHIGAN | 767.24 | Murder, conspiracy to commit murder, solicitation to commit murder, 1st degree criminal sexual conduct, violation of Michigan Anti-Terrorism Act: none; if DNA evidence obtained: none until offender identified, then 10 yrs. after identification or when victim turns 21, whichever is later. | 6 yrs. | Not resident, did not usually and publicly reside |
| MINNESOTA | 628.26 | Murder: none; bribery, medical assistance fraud, theft: 6 yrs. (if value of property/services in theft is over $35,000: 5 yrs.); familial sexual abuse, criminal sexual conduct: 9 yrs. or if victim under 18 yrs. of age, within 3 yrs. after; if DNA evidence collected and capable of testing: any time after offense is reported; arson, environmental offenses: 5 yrs.; all others: 3 yrs. | 3 yrs. | Not inhabitant of or usually resident within state |
| MISSISSIPPI | 99-1-5, et. seq. | Murder, manslaughter, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money under false pretenses of property: none; felonious abuse or battery of child, sexual battery of a child, exploitation of children, touching child for lustful purposes: on or before child’s 21st birthday; all others: 2 yrs. | 2 yrs. | Absent state, fleeing, hiding |
| MISSOURI | 556.036 | Murder or Class A felony: none; others: 3 yrs.; unlawful sexual offenses involving person under 17 yrs. old: 10 yrs.; if fraud or breach of fiduciary duty is material element of offense: 1-3 yrs. after discovery; official misconduct: 2-3 yrs. after offense or public employment | 1 yr.; infractions: 6 mos. | Absent state, hiding: maximum 3 yr. extension; prosecution pending for same conduct, lacks mental fitness: maximum 3 yr. extension |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| MONTANA | 45-1-205; 45-1-206 | Deliberate, mitigated, or negligent homicide: none; others: 5 yrs.; sexual assault, sexual intercourse without consent, incest of child if victim is under 18 yrs. old at time of offense: within 10 yrs. after victim turning 18 yrs. old; indecent exposure, deviate sexual conduct, sexual or ritual abuse of child if victim is under 18 yrs. old at time of offense: within 5 yrs. of victim turning 18 yrs. old; theft involving breach of fiduciary obligation: within 1 yr. of discovery or if involving a minor, within 1 yr. of termination of minority; unlawful use of computer: within 1 yr. of discovery of offense | 1 yr.; misdemeanor of fish, wildlife, or outfitter activity laws: within 3 yrs. after offense committed | When offender is not usually and publicly resident of state, or beyond jurisdiction of state; prosecution pending for same conduct |
| NEBRASKA | 29-110 | Murder, treason, arson, forgery: none; others: 3 yrs.; if victim is less than 16 yrs. old at time of offense, sexual assault (1, 2, or 3 degree), kidnapping, false imprisonment, child abuse, pandering, debauching a minor: 7 yrs. from offense or victim’s 16th birthday, whichever is later | 18 mos.; if fine less than $100 or jail time less than 3 mos.: 1 yr. | Fleeing justice |
| NEVADA | 171.080 et seq. | Murder: none; theft, robbery, arson, burglary, forgery, sexual assault: 4 yrs.; others: 3 yrs.; sexual abuse of a child: by time victim reaches 21 yrs. old or 28 yrs. old if “does not discover or reasonably should not have discovered” he was a victim | Gross misdemeanor: 2 yrs.; others: 1 yr. | Prosecution commences when indictment is presented |
| NEW HAMPSHIRE | 625:8 | Murder: none; Class A or B felony or unemployment compensation offense: 6 yrs.; offense of hunting game or fur-bearing animals or violation of off highway recreational vehicles: 3 yrs.; breach of fiduciary duty: within 1 yr. of offense; official misconduct: within 2 yrs. of offense; sexual assault and related offenses when victim is under 18 yrs. old: within 22 yrs. of victim’s 18th birthday | 1 yr.; violations: 3 mos. | Absent state, no residence or work in state; prosecution pending for same conduct |
| NEW JERSEY | 2C:1-6; | Murder, manslaughter: none; official misconduct, bribery and related offenses: 7 yrs.; others: 5 yrs.; if victim under 18, prosecution must begin within 5 yrs. after victim attains 18 for sexual assault, criminal sexual contact and endangering welfare of children | Petty offense or disorderly persons offense: 1 yr. | Fleeing justice; prosecution pending for same conduct |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| NEW MEXICO | 30-1-8 et seq. | Capital or 1st degree felony: none; 2nd degree: 6 yrs.; 3rd and 4th degree: 5 yrs.; others: 3 yrs.; child abuse, criminal sexual penetration, or criminal sexual contact of minor: until victim turns 18 yrs. old or the offense is reported, whichever occurs first | 2 yrs.; petty: 1 yr. | Fleeing justice or not usually or publicly resident of state; enumerated procedural defects; when DNA evidence is available and suspect has not been identified for criminal sexual penetration, time period won’t run until a DNA profile is matched with a suspect |
| NEW YORK | Crim. Proc. §30.10 | Murder, Class A felony: none; others: 5 yrs.; violation of collection, treatment, disposal of refuse and solid waste: 4 yrs.; breach of fiduciary duty: within 1 yr. of discovery of offense; official misconduct: 5 yrs. of offense | 2 yrs.; petty offenses: 1 yr.; tax law misdemeanor: 3 yrs. (NY City adm. code) | Absent state or whereabouts unknown: up to 5 yrs. |
| NORTH CAROLINA | 15-1 | None | Malicious misdemeanor: none; others: 2 yrs. | |
| NORTH DAKOTA | 29-04-01 to 04 | Murder: none; sexual abuse of children: 7 yrs. or within 3 yrs. of reporting of offense; others: 3 yrs.; if victim is under 15 yrs. old, period of limitation begins when he turns 15 yrs. old | 2 yrs. | Absent state |
| OHIO | 2901.13 | Murder or aggravated murder: none; others: 6 yrs.; fraud or breach of fiduciary duty: within 1 yr. of discovery of offense; official misconduct: within 2 yrs.; manslaughter, kidnapping rape, sexual battery, unlawful sexual conduct with a minor, compelling prostitution, arson, robbery, burglary, aggravated riot, felonious or aggravated assault of a peace officer, felonious assault, or conspiracy or attempt to commit any of the above: 20 yrs. | 2 yrs.; minor misdemeanor: 6 mos. | Absent state or conceals identity or whereabouts or undiscovered corpus delicti; prosecution pending for same conduct |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| OKLAHOMA | Tit. 22 §151-153 | Murder: none; bribery, embezzlement or misappropriation of public money or other assets, falsification of public records, conspiracy to defraud state or other subdivision, rape or forcible sodomy; lewd or indecent proposals or acts against children crimes involving minors in pornography, sodomy: 7 yrs.; (extended if DNA evidence collected and preserved: within 3 yrs. of identity establishment of offender through DNA testing); criminal conspiracy, embezzlement, criminal state income tax violations: 5 yrs.; all others: 3 yrs. | 3 yrs. | Absent state or not a resident of the state |
| OREGON | 131.125, 145, 155 | Murder, manslaughter: none; sexual felonies including criminal mistreatment sexual abuse in 1st and 2nd degree, rape, sodomy, incest, promoting or compelling prostitution: 6 yrs. or if victim was under 18 yrs. old at time of offense, anytime before victim turns 24 yrs. old, whichever occurs first; others: 3 yrs. | Sexual misdemeanors: sexual abuse in the 3rd degree or sending, furnishing, exhibiting or displaying obscene materials to minors: 4 yrs. after the offense is reported or if victim is under 18 yrs. old, upon turning 22 yrs. old, whichever occurs first | Absent state, hides within state, not resident of state; max. extension 3 yrs. |
| PENNSYLVANIA | Tit. 42 §5551-5554 | Murder, manslaughter, voluntary manslaughter, conspiracy to murder, soliciting to commit murder and murder results, felony connected with 1st or 2nd degree murder, vehicular homicide: none; major offenses or conspiracy or solicitation to commit major offense: 5 yrs.; others: 2 yrs.; fraud or breach of fiduciary duty: 3 yrs.; official misconduct: 8 yrs.; sexual offense committed against a minor: period of limitation starts when minor reaches age 18; major sexual offenses: 12 years | 2 yrs.; summary offenses: 30 days | Absent from state; no ascertainable residence or place of work within state; prosecution pending for same conduct |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| RHODE ISLAND | 12-12-17; 12-12-18 | Treason against state; homicide, arson, burglary, counterfeiting, forgery, robbery, rape, sexual assault, child molestation, bigamy, manufacturing, selling, distributing or possession of controlled substance, or conspiracy to any of the above: none; larceny, embezzlement, bribery, extortion, racketeering, antitrust violation, or conspiracy to any of the above: 10 yrs.; violations of refuse or hazardous waste disposal or water pollution: 7 yrs.; others: 3 yrs. | 3 yrs. | Stolen, lost, destroyed information: extends limitation period one year |
| SOUTH CAROLINA | No statute of limitation for any criminal prosecution | | | |
| SOUTH DAKOTA | 23A-42-1, et seq. | Murder, Class A, B, or 1 felony: none; all other public offenses: 7 yrs. | 7 yrs. | Absent state |
| TENNESSEE | 40-2-101, et seq. | Any crime punishable by death or life imprisonment: none; Class A felony: 15 yrs.; Class B felony: 8 yrs.; defrauding state, evading or defeating any tax, fraudulent return: 6 yrs.; Class C or D felony: 4 yrs.; Class E felony: 2 yrs.; others: 3 yrs.; offense committed against a child: 4 yrs. after offense is committed, or when child reaches majority, whichever occurs later; arson: 8 yrs; | Gaming: 6 mos.; others: 12 mos. | Concealing fact of crime, absent state |
| TEXAS | Crim.Proc. §12.01; 12.02; 12.05 | Murder, manslaughter, and certain sexual assaults: none; thefts involving fiduciaries or officials forgery, sexual assault, indecency with a child: 10 yrs.; misapplication of fiduciary property: 7 yrs.; other theft, burglary, robbery, and certain sexual assaults: 5 yrs.; arson: 7 yrs.; others: 3 yrs. | 2 yrs. | Absent state, pendency of indictment, information complaint |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| UTAH | 76-1-301, 304 et seq. | Capital felony, murder, manslaughter, none; other felony or negligent homicide: 4 yrs.; fraud or breach of fiduciary obligation, official misconduct: 3 yrs. max.; rape, sodomy, or sexual abuse of a child: within 4 yrs. of reporting offense; child abuse homicide, aggravated kidnapping, child kidnapping: none; violent felony: none if identity of perpetrator unknown but DNA evidence is collected and would identify the person at a later date (does not apply if statute of limitations has run as of May 5, 2003 without changes filed), once identification made, within one year if statute of limitations has run; misuse of public monies, falsification or alteration of public records, bribery: 2 yrs. after facts reported to prosecutor | 2 yrs.; infractions: 1 yr. | Absent state |
| VERMONT | Tit. 13 §§4501, et seq. | Arson causing death, kidnapping, murder, aggravated sexual assault: none; manslaughter: 6 yrs., arson: 11 yrs.; sexual assault, lewd and lascivious conduct, sexual exploitation of children, grand larceny, robbery, burglary, embezzlement, forgery, bribery, false claims, fraud, felony tax offenses: 6 yrs.; sexual assault or lewd and lascivious conduct of child under 16 yrs. old: 6 yrs. or when the victim turns 24 yrs. old, whichever is earlier; others: 3 yrs. | 3 yrs. | Prosecution commences when arrest is made, citation issued, indictment or information presented |
| VIRGINIA | 19.2-8 | Murder: none; cruelty to animals: 5 yrs. (except for agricultural animals: 1 yr.); making false presentation under VA Unemployment Compensation Act to receive benefits, attempt to evade or failure to pay taxes, violation of laws re: discharge, dumping, or emission of toxic substance, violation of rules of VA Real Estate Board, illegal sales of wild birds, animals, or freshwater fish: 3 yrs.; malfeasance in office, Building Code violations: 2 yrs.; violation of Campaign Finance Disclosure Act: within 1 yr. of discovery, max. 3 yrs. after offense | Petit larceny: 5 yrs.; attempt to produce abortion: 2 yrs.; others: 1 yr. | Fleeing justice or concealing self to avoid arrest |
| State | Code Section | Felonies | Misdemeanors | Acts During Which Statute Does Not Run |
|---|
| WASHINGTON | 9A.04.080 | Murder, arson causing death: none; homicide by abuse, vehicular homicide, vehicular assault causing death, hit-and-run injury/accident causing death: none; public official misconduct, arson: 10 yrs.; rape if reported 1 yr. of commission: 10 yrs., or if victim is under 14 yrs. old, 3 yrs. after victim turns 18, whichever is later; rape if not reported within 1 yr.: 3 yrs. or if victim is under 14 yrs. old, 3 yrs. after victim turns 18 yrs. old, but not more than 7 yrs. after rape; child molestation, indecent liberties, incest: if victim is under 14 yrs. old, 3 yrs. after victim turns 18 yrs. old, but not more than 7 yrs. of offense; leading organized crime or criminal profiteering: 6 yrs.; Class C felony: 5 yrs.; bigamy and all other felonies: 3 yrs. | Gross misdemeanors: 2 yrs.; other offenses: 1 yr. | Not publicly a resident |
| WEST VIRGINIA | 61-11-9 | None | Petty larceny or perjury: 3 yrs.; others: 1 yr. | Stolen, lost, destroyed indictment |
| WISCONSIN | 939.74 | Homicide: none; 1st degree intentional or reckless homicide, murder: none; intentional causing of bodily harm, recklessly causes bodily harm, failing to prevent bodily harm, mental harm, enticement causing bodily or mental harm, or giving or selling a controlled substance to a child: before child turns 26; others: 6 yrs.; sexual assault, physical abuse causing, sexual exploitation, incest, enticement of, or solicitation for prostitution of a child: before victim turns 31 yrs. old; if DNA evidence collected and can identify offender, within 1 year of identification if collected before time limitation expired; recklessly causing death of a human being or unborn child: 15 yrs. | Misdemeanors or adultery: 3 yrs. | Not publicly resident; if victim is unable to seek issuance of a complaint, that time period excluded due to threats, etc.; prosecution pending for same act |
| WYOMING | No statute of limitation for any criminal prosecution | | | |
