How Do Criminal Statute of Limitations Work?

Statutes of limitations set time limits for the prosecution to bring charges in a criminal case. If the prosecution charges someone after the applicable time period has passed, the defendant can have the case dismissed.

Time limits for criminal cases exist to protect would-be defendants from having to defend stale cases where evidence and witnesses might be gone or memories have faded. Importantly, a defendant must raise the statute of limitations defense and seek to have the case dismissed, or risk losing the defense entirely.

Civil vs. Criminal Statutes of Limitations

States have different statutes of limitations for civil cases and criminal cases. Common examples of civil actions include personal injury claims, medical malpractice, and breach of contract. Generally, time limits on civil actions range from one to ten years.

How Do I Find the Statute of Limitations for a Crime?

As the name suggests, statutes of limitations can be found in statute (law). State lawmakers decide how long time limits will be, for which crimes, and under what circumstances.

And just as they are able to create limitation periods, state legislatures can also change them. Any change that extends the time limit for prosecution applies only to crimes not yet “time-barred.” (Time-barred means the statute of limitations has already run or expired for that crime. Basically, once a case is dead, it cannot be revived.)

Each state defines its statutes of limitations differently. So the crime of theft could have a time limit of three years in one state and five years in another. Check the law in the state where the crime occurred. It’s also a good idea to look at the specific statute for nuances, exceptions, and possible changes to the law.

What’s the Statute of Limitations for Murder?

In most (if not all) states, murder has no statute of limitations and can be prosecuted at any time. However, the law hasn’t always been this way. Some states previously had limitation periods on murder crimes. Say an unsolved murder occurred in 1965 and the statute of limitations at that time was 40 years. If the state changed its law in 2010 to eliminate the statute of limitations for murder, the 1965 murder remains time-barred because the statute of limitations expired in 2005 (before the 2010 changes). Once expired, the statute of limitations on a crime cannot be revived. In this scenario, murders occurring after 1970 could still be prosecuted, because the time limit had not yet expired in when the changes were made in 2010.

What Is a Typical Statute of Limitations?

State law varies considerably when it comes to statutes of limitations. However, some similarities exist.

General time limits. Most states set time limits for a host of specific crimes, such as murder, rape, misconduct by a public official, or embezzlement. For crimes not specifically identified in statute, a general statute of limitations typically applies based on the category of the crime. For instance, a state could provide that: If no other time limit is specified, a five-year statute of limitations period applies to felonies, a two-year limit applies to misdemeanors, and a one-year limit applies to infractions.

Specific time limits. For those crimes listed in statute, violent crimes typically have the longest statute of limitations. Time limits for other felony offenses often vary depending on the severity of the crime. A felony theft offense could have a five-year statute of limitations period, while a prosecutor might have 40 years to bring sexual assault charges. Lower level offenses—like misdemeanors—tend to have shorter time limits in the range of one to three years.

No time limits. Some crimes—like murder, child rape, and capital offenses (those subject to the death penalty)—often have no statute of limitations, meaning a criminal case can be filed at any time.

When Does the Statute of Limitations Start?

Generally, the statute of limitations starts to run when the crime occurs. But in circumstances where it’s difficult to discover the crime or a victim might be particularly scared to report it, the law might delay the starting of the time clock or extend the limitations period.

Delayed discovery. Some crimes can be difficult to discover, such as embezzlement, misuse of public funds, identity theft, or financial fraud of a vulnerable adult. In these cases, the clock might not start to run until the fraud or theft is discovered or after a public official leaves office.

Sexual assault cases. For crimes where a victim might be afraid to report, like sexual assault or rape, the law may allow extra time to file charges—for instance, five years after the victim reports the crime to law enforcement. In sexual assault cases involving a child victim, some states delay starting the clock until the child turns 18 or older, and others allow prosecutions up until the victim turns a certain age (say 40).

DNA evidence. A number of states allow extra time for criminal charges to be brought in cases where DNA evidence exists and establishes the suspect’s identity, even if it’s years later. Some states limit this extension to only sex crimes, while others allow the extended time period in any case where DNA evidence exists.

Fleeing the state. If a person tries to “evade” (avoid) arrest for a crime, most state laws give prosecutors extra time to file charges by “tolling” (suspending) the statute of limitations while the defendant remains out of the state or on the lam.

Talk to a Lawyer

Statutes of limitations can be confusing. A criminal case could involve several different criminal charges—all with different time limits and some involving circumstances that delay the starting of the clock. The law can also change, and a change could affect some older crimes but not others. Determining which time limit applies and when it starts or stops isn’t always straightforward. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.