RAINN | Rape, Abuse and Incest National Network

Back to Report Generator

Statutes of Limitations

Last Updated: 2016-02-05
Alabama What is the statute of limitations? Statutory Citation(s):
Rape, first degree

This crime is a Class A felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; and any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death. See Kirby v. State, 500 So. 2d 79, 80 (Ala. Crim. App. 1986), a case which held that: no time limit for the offense of rape because rape is classified for limitations purposes as an offense which may be punished capitally; therefore, statute of limitations for felony offenses does not apply to rape. See also Ex parte Beverly, 497 So.2nd 519 (Supreme Court of Alabama, 1986), a case which held that the Alabama legislature never intended for rape to cease being a “capital offense” for purposes of the statute of limitations as a result of any court invalidating Alabama’s capital punishment laws. See also Chamblee v. State, 527 So.2d 173, 174 (Ala. Crim. App. 1988).
  1. Citation for the crime: Ala. Code § 13A-6-61.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Rape, second degree

This crime is a Class B felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; and any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death See Kirby v. State, 500 So. 2d 79, 80 (Ala. Crim. App. 1986), a case which held that: no time limit for the offense of rape because rape is classified for limitations purposes as an offense which may be punished capitally; therefore, statute of limitations for felony offenses does not apply to rape.  See also Ex parte Beverly, 497 So.2nd 519 (Supreme Court of Alabama, 1986), a case which held that the Alabama legislature never intended for rape to cease being a “capital offense” for purposes of the statute of limitations as a result of any court invalidating Alabama’s capital punishment laws. See also Chamblee v. State, 527 So.2d 173, 174 (Ala. Crim. App. 1988).
  1. Citation for the crime: Ala. Code § 13A-6-63.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Sodomy, first degree

This crime is a Class A felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; and any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death 
  1. Citation for the crime: Ala. Code § 13A-6-62.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Sodomy, second degree

This crime is a Class B felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; and any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death does not apply to rape.
  1. Citation for the crime: Ala. Code § 13A-6-64.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Sexual misconduct

Note: while not yet repealed, this crime's statute of limitations law was held unconstitutional in 2014. See Williams v. State, 2014 WL 2677722, Ala.Crim.App. (June 13, 2014) for more detail.

This crime is a Class A misdemeanor.

  1. For all misdemeanors, within one year after commission of the offense; or
  2. No time limit for the prosecution of...any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-65.
  2. Citation for the statute of limitations: Ala. Code § 15-3-2.
Sexual torture

This crime is a Class A felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: Any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-65.1.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Sexual abuse, first degree

This crime is a Class C felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-66.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Sexual abuse, second degree

This crime is a Class A misdemeanor, except if offender commits a subsequent sexual offense in the second degree within one year of another sexual offense, then the offense is a Class C felony. 

  1. For all misdemeanors, within one year after commission of the offense; or
  2. No time limit for the prosecution of: Any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-67.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1, Ala. Code § 15-3-2 and Ala. Code § 15-3-5.
Enticing child to enter vehicle, house, etc., for immoral purposes

This crime is a Class C felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-69.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Sexual abuse of a child under 12

This crime is a Class B felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-69.1.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
School employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19

Note: “School employee” includes a teacher, school administrator, student teacher, safety or resource officer, and other school employee.

This crime is a Class B felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the definition of school employee: Ala. Code § 13A-6-80.
  2. Citation for the crime: Ala. Code § 13A-6-81.
  3. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Transmitting obscene material to a child by computer

This crime is a Class B felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-111.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Facilitating solicitation of unlawful sexual conduct with a child

This crime is a Class C felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
    1. See Allen v. State, 624 So. 2d 650, 651-52 (Ala. Crim. App. 1993), holding that: no time limit for the prosecution of offenses against a child under 16 committed prior to the §15-3-5 amendment effective date of January 7, 1985, if as of such amendment date the previous three year limitation period had not expired.  See also Hawkins v. State, 549 So. 2d 552, 554-55 (Ala. Crim. App. 1989), holding that the extension of the statute of limitations by § 15-3-5 does not amount to an ex post facto law.
  1. Citation for the crime: Ala. Code § 13A-6-121.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Electronic solicitation of a child

This crime is a Class B felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-122.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Incest

This crime is a Class C felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-13-3.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
School employee having sexual contact with a student under the age of 19

Note: “School employee” includes a teacher, school administrator, student teacher, safety or resource officer, and other school employee.

This crime is a Class A misdemeanor.

  1. For all misdemeanors, within one year after commission of the offense.
  1. Citation for the definition of school employee: Ala. Code § 13A-6-80.
  2. Citation for the crime: Ala. Code § 13A-6-82.
  3. Citation for the statute of limitations: Ala. Code § 15-3-1, Ala. Code § 15-3-2 and Ala. Code § 15-3-5.
Facilitating the on-line solicitation of a child

This crime is a Class B felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-123.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Traveling to meet a child for an unlawful sex act

This crime is a Class A felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: Any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-124.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Facilitating the travel of a child for an unlawful sex act

This crime is a Class A felony.

  1. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  2. No time limit for the prosecution of: Any capital offense; any felony involving the use of, attempted use of, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
  1. Citation for the crime: Ala. Code § 13A-6-125.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.
Indecent exposure

This crime is a Class A misdemeanor except a third or subsequent conviction is a Class C felony.

  1. For all misdemeanors, within one year after commission of the offense; or
  2. For all felonies, within five years after commission of the offense, except those specified in Section 15-3-3, Section 15-3-5 or any other felony that has a specified limitations period; or
  3. No time limit for the prosecution of: […] any felony involving the use of, attempted use of, or threat of, violence to a person; …or any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.

Are there any exceptions to the statute of limitations laws?
Alabama ^

None specified.

Anything else I should know?
Alabama ^
  • Kirby v. State, 500 So. 2d 79, 80 (Ala. Crim. App. 1986)
    • No time limit for the offense of rape because rape is classified for limitations purposes as an offense which may be punished capitally; therefore, statute of limitations for felony offenses does not apply to rape.  See also Chamblee v. State, 527 So.2d 173, 174 (Ala. Crim. App. 1988).
  • Allen v. State, 624 So. 2d 650, 651-52 (Ala. Crim. App. 1993)
    • No time limit for the prosecution of offenses against a child under 16 committed prior to the §15-3-5 amendment effective date of January 7, 1985, if as of such amendment date the previous three year limitation period had not expired.  See also Hawkins v. State, 549 So. 2d 552, 554-55 (Ala. Crim. App. 1989) (holding that the extension of the statute of limitations by § 15-3-5 does not amount to an ex post facto law).
  • Money v. State, 2012 WL 4475332 (Ala. Crim. App., September 28, 2012), abrogating Rock v. State, 558 So. 2d 967 (Ala. Crim. App. 1989)
    • Court held defendant indicted for felony offense could not be convicted of lesser-included misdemeanor offense, where the prosecution for the felony not commenced until after the statute of limitations applicable to misdemeanor offense had expired.
  • M.A.M. v. State, 2015 WL 1122511
    • Court held that Ala. Code 1975, § 12-15-114(b), which provides an exception to the juvenile court’s loss of jurisdiction at 21 years of age if the offense has no statute of limitations, does not apply retroactively to crimes committed before the statute was passed.





Alaska What is the statute of limitations? Statutory Citation(s):
Sexual assault, first degree

This crime is an unclassified felony. 

  1. No time limit for prosecution of an unclassified, class A, or class B felony, or a violation of § 11.41.425(a)(2)-(a)(4) (offender, an employee of the state correctional facility or of other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with victim, who offender knows is committed to the custody of the Department of Corrections; offender, legal guardian of victim, engages in sexual penetration with a person 18 or 19 years of age who the offender knows is in the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12; or offender, employed in the state by a law enforcement agency as a peace officer, or acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender or is committed to the custody of a law enforcement agency).
  1. Citation for the crime: Alaska Stat. § 11.41.410.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Sexual assault, second degree

This crime is a Class B felony. 

  1. No time limit for prosecution of an unclassified, class A, or class B felony, or a violation of § 11.41.425(a)(2)-(a)(4) (offender, an employee of the state correctional facility or of other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with victim, who offender knows is committed to the custody of the Department of Corrections; offender, legal guardian of victim, engages in sexual penetration with a person 18 or 19 years of age who the offender knows is in the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12; or offender, employed in the state by a law enforcement agency as a peace officer, or acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender or is committed to the custody of a law enforcement agency).
  1. Citation for the crime: Alaska Stat. § 11.41.420.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Sexual assault, third degree

This crime is Class C felony. 

  1. No time limit for prosecution of this crime if it is committed against a victim under 18;
  2. No time limit for prosecution of crime if offender, an employee of the state correctional facility or of other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with victim, who offender knows is committed to the custody of the Department of Corrections (§ 11.41.425(a)(2))
  3. No time limit for prosecution of crime if offender, legal guardian of victim, engages in sexual penetration with a person 18 or 19 years of age who the offender knows is in the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12 (§ 11.41.425(a)(3));
  4. No time limit for prosecution of crime if offender, employed in the state by a law enforcement agency as a peace officer, or acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender or is committed to the custody of a law enforcement agency (§ 11.41.425(a)(4));
  5. Within ten years after commission of the offense when offender engages in sexual contact with a victim who the offender knows is mentally incapable, incapacitated, or unaware that a sexual act is being committed (§ 11.41.425(a)(1));
  6. Within ten years after commission of the offense when an adult or juvenile probation or parole officer engages in sexual penetration with a person 18 years or older with reckless disregard that the person is on probation or parole (§§ 11.41.425(a)(5), 11.41.425(a)(6)).
  1. Citation for the crime: Alaska Stat. § 11.41.425.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Sexual assault, fourth degree

This crime is Class A misdemeanor. 

  1. No time limit for prosecution of this crime if it is committed against a victim under 18; or
  2. Within five years after commission of the offense.
  1. Citation for the crime: Alaska Stat. § 11.41.427.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Sexual abuse of a minor, first degree

This crime is an unclassified felony. 

  1. No time limit for prosecution of a felony sexual abuse of a minor.
  1. Citation for the crime: Alaska Stat. § 11.41.434.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Sexual abuse of a minor, second degree

This crime is Class B felony. 

  1. No time limit for prosecution of a felony sexual abuse of a minor.
  1. Citation for the crime: Alaska Stat. § 11.41.436.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Sexual abuse of a minor, third degree

This crime is a Class C felony. 

  1. No time limit for prosecution of a felony sexual abuse of a minor.
  1. Citation for the crime: Alaska Stat. § 11.41.438.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Sexual abuse of a minor, fourth degree

This crime is a Class A misdemeanor. 

  1. Within five years after commission of the offense.
  1. Citation for the crime: Alaska Stat. § 11.41.440.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Incest

This crime is a Class C felony. 

  1. No time limit for prosecution when the offense is committed against a victim under 18; or
  2. Within ten years after commission of the offense.
  1. Citation for the crime: Alaska Stat. § 11.41.450.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Online enticement of a minor

This crime is a Class B felony unless the defendant at the time of the offense was required to register as a sex offender or child kidnapper, in which case this crime is a Class A felony. 

  1. No time limit for prosecution of an unclassified, class A, or class B felony.
  1. Citation for the crime: Alaska Stat. § 11.41.452.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Unlawful exploitation of a minor

This crime is a Class B felony, unless the defendant has previously been convicted of this crime in Alaska or a similar crime in Alaska or another jurisdiction, in which case it is a Class A felony.

  1. No time limit for prosecution of an unclassified, class A, or class B felony.
  1. Citation for the crime: Alaska Stat. § 11.41.455.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Indecent exposure in the first degree

This crime is a Class C felony. 

  1. No time limit for prosecution when the offense is committed against a victim under 18; or
  2. Within ten years after commission of the offense.
  1. Citation for the crime: Alaska Stat. § 11.41.458.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.
Indecent exposure in the second degree

This crime is a Class B misdemeanor unless the victim was under 16, in which case this crime is a Class A misdemeanor. 

  1. Within five years after commission of the offense.
  1. Citation for the crime: Alaska Stat. § 11.41.460.
  2. Citation for the statute of limitations: Alaska Stat. § 12.10.010.

Are there any exceptions to the statute of limitations laws?
Alaska ^

None specified.

Anything else I should know?
Alaska ^
  • State v. Creekpaum, 753 P.2d 1139 (Ala. 1988)
    • Extension of statute of limitations for crime of sexual assault on a minor before the original period of limitation had run on defendant’s alleged offense was not an unconstitutional ex post facto law.
  • Catholic Bishop of Northern Alaska v. Does 1-6, 141 P.3d 719 (2006)
    • AS 09.10.065, which eliminated the statute of limitations for sexual abuse claims, does not act retroactively to revive time-barred claims. When the legislature amended AS.09.10.065 in 2003, it specifically limited retroactive effect on time-barred civil claims to October 1, 2011.





Arizona What is the statute of limitations? Statutory Citation(s):
Sexual abuse

This crime is a Class 3 felony if victim is under 15, otherwise it is a Class 5 felony. 

  1. For class 2 through class 6 felonies, within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1404.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107B.1.
Public sexual indecency

This crime is a Class 5 felony if committed against a minor. Otherwise, this crime is a Class 1 misdemeanor. 

  1. If committed against a minor: For class 2 through class 6 felonies, within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  2. If committed against an adult: For a misdemeanor, within one year after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1403.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107B.1 and § 13-107B.2.
Sexual conduct with a minor

This crime is a Class 2 felony if minor is under 15; Class 6 felony if minor is at least 15 but under 18; Class 2 felony if minor is at least 15 but accused is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement.

  1. No time limit for prosecution if a Class 2 felony;
  2. If Class 6 felony, within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1405.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107A and Ariz. Rev. Stat. § 13-1405B.1.
Sexual assault

This crime is a Class 2 felony.

  1. No time limit for the prosecution of this crime.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1406.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107A.
Unlawful sexual conduct by an adult probation department employee or juvenile court employee

This crime is a Class 2 felony if minor is under 15; Class 3 felony if minor is at least 15 but under 18; Class 5 felony otherwise.

  1. No time limit for prosecution if a Class 2 felony; if a Class 3 or Class 5 felony, then
  2. Within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
Molestation of child under 15

This crime is a Class 2 felony.

  1. No time limit for the prosecution of this crime.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1410.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a).
Continuous sexual abuse of a child under 14

This crime is a Class 2 felony.

  1. No time limit for the prosecution of this crime.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1417.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a).
Sexual misconduct; behavioral health professionals

This crime is a Class 6 felony.

  1. For class 2 through class 6 felonies, within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1418.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-1405(b)(1).
Unlawful sexual conduct; correctional employees

This crime is a Class 2 felony if minor is under 15; Class 3 felony if minor is at least 15 but under 17; Class 5 felony otherwise.

  1. No time limit for prosecution if a Class 2 felony; if a Class 3 or Class 5 felony, then
  2. Within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1419.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a) and Ariz. Rev. Stat. § 13-1405(b)(1).
Violent sexual assault

This crime modifies the offenses of Sexual Abuse (§ 13-1404), Sexual Conduct with a Minor (§ 13-1405), Sexual Assault (§ 13-1406), and Molestation of a Child under 15 (§ 13-1410) when those offenses involve a deadly weapon, dangerous instrument, or knowing infliction of serious physical injury, and the perpetrator has a prior felony conviction for any sex offense.

This crime modifies the above offenses by:

  1. Eliminating the time limit for the prosecution of those crimes, if such time limits apply. 
  1. Citation for the crime: Ariz. Rev. Stat. § 13-1423.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a).
Commercial sexual exploitation of a minor

This crime is a Class 2 felony.

  1. No time limit for the prosecution of this crime.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-3552.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a).
Sexual exploitation of a minor

This crime is a Class 2 felony.

  1. No time limit for the prosecution of this crime.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-3553.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a).
Luring a minor for sexual exploitation

This crime is a Class 3 felony.

  1. For class 2 through class 6 felonies, within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-3554.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(b)(1).
Aggravated luring of a minor for sexual exploitation

This crime is a Class 2 felony.

  1. No time limit for the prosecution of this crime.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-3560.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a).
Incest

This crime is a Class 4 felony. 

  1. For class 2 through class 6 felonies, within seven years after actual discovery by the state or political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
  1. Citation for the crime: Ariz. Rev. Stat. § 13-3608.
  2. Citation for the statute of limitations: Ariz. Rev. Stat. § 13-107(a).

Are there any exceptions to the statute of limitations laws?
Arizona ^
  • Ariz. Rev. Stat. § 13-107 Time limitations
    • (e) For the following offenses, the period of limitation does not run during any time when the identity of the offender is unknown:
      • Sexual assault (§ 13-1406)
      • Sexual conduct with a minor under 15 (§ 13-1405)
      • Any dangerous crime against children as defined in Ariz. Rev. Stat. § 13-604.01
      • Molestation of a Child (Ariz. Rev. Stat. § 13-1410)
      • Sexual conduct with a minor (Ariz. Rev. Stat. § 13-1405)
      • Sexual Abuse (Ariz. Rev. Stat. § 13-1404)
      • Continuous sexual abuse of a child (Ariz. Rev. Stat. § 13-1417)
Anything else I should know?
Arizona ^
  • State v. Gum, 154 P.3d 418, 425–26 (Ariz. Ct. App. 2007)
    • Time limit for the prosecution of  serious offenses enumerated in § 13-604 (including sexual assault) committed prior to the §13-107 amendment effective date of July 21, 1997 is tolled until the state knows the identity of the offender, if as of such amendment date the previous seven year limitation period had not expired.  See also State v. Aguilar, 178 P.3d 497, 503 (Ariz. Ct. App. 2008).  But see Taylor v. Cruikshank, 148 P.3d 84, 91 (Ariz. Ct. App. 2006) (holding that the 1997 amendment does not apply to crimes committed before its effective date, and thus the statute begins to run when the state discovers or should have discovered that an offense was committed).





Arkansas What is the statute of limitations? Statutory Citation(s):
Sexual indecency with a child

This crime is a Class D felony.

  1. A prosecution may be commenced for a violation of this crime at any time.
  1. Citation for the crime: Ark. Code § 5-14-110.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(E).
Sexual assault, first degree

This crime is a Class A felony.

  1. A prosecution may be commenced for a violation of this crime at any time.
  1. Citation for the crime: Ark. Code § 5-14-124.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(F).
Sexual assault, second degree

This crime is a Class B felony, except if offender is a minor and victim is less than 14 and not offender’s spouse then Class D felony.

  1. A prosecution may be commenced for a violation of this crime at any time if the victim was a minor at the time of the offense; or
  2. For class B, class C, class D, and unclassified felonies, within three years after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-14-125.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(G) and § 5-1-109 (b)(2).
Sexual assault, third degree

This crime is a Class C felony.

  1. A prosecution may be commenced for a violation of this crime, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age; or
  2. For class B, class C, class D, and unclassified felonies, within three years after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-14-126.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(2).
Sexual assault, fourth degree

This crime is a Class D felony if: (i) offender over 20 engages in sexual intercourse or deviate sexual activity with victim under 16 and not offender’s spouse; or (ii) offender is employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail and victim is in the custody thereof and not offender’s spouse.

Otherwise this crime is a Class A misdemeanor if offender engages in sexual contact with victim under 16 and not offender’s spouse.

  1. A prosecution may be commenced for a violation of this crime, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age; or
  2. For class B, class C, class D, and unclassified felonies, within three years after commission of the offense; or
  3. For misdemeanors and violations, within one year after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-14-127.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(2)(B), § 5-1-109(b)(2) and § 5-1-109(b)(3)(A).
Incest

This crime is a Class C felony.

  1. A prosecution may be commenced for a violation of this crime at any time if the victim was a minor at the time of the offense; or
  2. For class B, class C, class D, and unclassified felonies, within three years after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-26-202.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(H) and § 5-1-109(b)(2).
Engaging children in sexually explicit conduct for use in visual or print medium

This crime is a Class B felony for first offense, and a Class A felony for subsequent offenses.

  1. A prosecution may be commenced for a violation of this crime at any time.
  1. Citation for the crime: Ark. Code § 5-27-303.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(I).
Transportation of minors for prohibited sexual conduct

This crime is a Class A felony.

  1. A prosecution may be commenced for a violation of this crime at any time.
  1. Citation for the crime: Ark. Code § 5-27-305.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(J).
Internet stalking of a child

This crime is a Class B felony if involves attempt to arrange a meeting with a child 15 years or younger or whom the offender believes to be 15 years or younger.

Otherwise, this crime is a Class A felony if the offender arranges a meeting with a child 15 years or younger and the meeting takes place.

  1. For class Y and class A felonies, within six years after commission of the offense; or
  2. For class B, class C, class D, and unclassified felonies, within three years after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-27-306.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(b)(1)(A) and § 5-1-109(b)(2).
Employing children: sexual performances

This crime is a Class C felony for the first offense, and a Class B felony for subsequent offenses.

  1. A prosecution may be commenced for a violation of this crime at any time.
  1. Citation for the crime: Ark. Code § 5-27-402.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(K).
Promoting child sexual performance

This crime is a Class B felony.

  1. A prosecution may be commenced for a violation of this crime at any time.
  1. Citation for the crime: Ark. Code § 5-27-403.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(L).
Rape

This crime is a Class Y felony. 

  1. For class Y and class A felonies, within six years after commission of the offense; or
  2. If the crime was committed against a minor, prosecution can occur at any time.
  3. Additionally, please see "Are there any exceptions to the statute of limitations laws?" below for more information.
  1. Citation for the crime: Ark. Code § 5-14-103.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(D) and § 5-1-109(b)(1)(A).
Knowingly transmitting AIDS, HIV

This crime is a Class A felony.

  1. For class Y and class A felonies, within six years after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-14-123.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(b)(1)(A).
Computer exploitation of a child in the first degree

This crime is a Class B felony for the first offense, but a Class A felony for subsequent offenses.

  1. A prosecution for this offense may begin at any time. 
  1. Citation for the crime: Ark. Code § 5-27-605(a).
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(a)(1)(M).
Computer exploitation of a child in the second degree

This crime is a Class C felony. 

  1. For class B, class C, class D, and unclassified felonies, within three years after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-27-605(b).
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(b)(2).
Sexually grooming a child

This crime is a Class D felony if the perpetrator is 21 years or older. If the perpetrator is under 21 years old, this crime is a Class A misdemeanor.

  1. For class B, class C, class D, and unclassified felonies, within three years after commission of the offense; or
  2. For misdemeanors and violations, within one year after commission of the offense.
  1. Citation for the crime: Ark. Code § 5-27-307.
  2. Citation for the statute of limitations: Ark. Code § 5-1-109(b)(2) and (b)(3)(A).

Are there any exceptions to the statute of limitations laws?
Arkansas ^
  • Ark. Code § 5-1-109 Statute of limitations:
    • (b)(1)(B) For rape (§ 5-14-103), the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile.
    • (i) If there is biological evidence connecting a person with the commission of an offense and that person's identity is unknown, the prosecution is commenced if an indictment or information is filed against the unknown person and the indictment contains the genetic information of the unknown person and the genetic information is accepted to be likely to be applicable only to the unknown person.
    • (j) When DNA testing implicates a person previously identified through a search of state or national DNA database, a statute of limitations shall not preclude prosecution.
Anything else I should know?
Arkansas ^
  • Marlin Brown v. State of Arkansas, 454 S.W.3d 226 (Ark. 2015)
    • Marriage does not remove victim’s disability as a minor for purposes of the statute of limitations.  Offender does not have a vested right in statute of limitations until the bar in the statute has become effective and the legislature may extend the limitations period and apply such extension to any cause of action which was not barred at the time the new statute becomes effective.   
  • Young v. Norris, 226 S.W.3d 797, 799-800 (Ark. 2006)
    • (c)(2) If any time period in (b) has passed, prosecution may be commenced for any offense that is concealed involving felonious conduct in office by a public servant within 5 years after leaving public office or employment within 5 years after the offense is discovered or should reasonably have been discovered, but in no event more than 10 years after the offense.   
    • (g)(1) The period of limitation does not run:
      • (A) During any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state (cannot extend period by more than three (3) years); or
      • (2) During any period when a prosecution against the accused for the same conduct is pending in this state.
  • Ark. Code § 5-1-109:
    • Elimination of the statute of limitations for an offense when DNA can provide the identity of an alleged perpetrator does not violate the Equal Protection Clause of the United States Constitution.





California What is the statute of limitations? Statutory Citation(s):
Rape

Please see "Punishment for rape" below for details on the penalties for this crime.

  1. If the victim was under 18 at the time of commission of the offense, any time before victim’s 40th birthday (but only for crimes committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015;

Otherwise, prosecution must bring a case against the perpetrator within 6 years after commission of the offense.

  1. Citation for the crime: Cal. Penal Code § 261.
  2. Citation for the statute of limitations: Cal. Penal Code § 801.1(a)(1), § 801.1(a)(2) and § 800.
Unlawful sexual intercourse with a minor

This crime is a misdemeanor if victim is not more than three years older or three years younger than offender; misdemeanor or felony if victim is more than three years younger than offender and punishable by imprisonment in a county jail not exceeding 1 year, or by imprisonment in the state prison; misdemeanor or felony if offender is at least 21 and victim is under 16; punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for 2, 3, or 4 years.

  1. Prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of § 1170 shall be commenced within three years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 261.5.
  2. Citation for the statute of limitations: Cal. Penal Code § 801.
Spousal rape

Please see "Punishment for rape" below for details on the penalties for this crime.

  1. Prosecution must bring a case against the perpetrator within 6 years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 262.
  2. Citation for the statute of limitations: Cal. Penal Code § 800.
Punishment for rape

This section outlines the punishments for rape and spousal rape, the length of punishment time being a modifying factor when determining the statute of limitations for each crime. Please see Rape and Spousal Rape for information regarding each crime's statute of limitations. The punishment for each crime is as follows:

  1. Rape, as defined in § 261 and § 262, is punishable by imprisonment in the state prison for three, six, or eight years;
  2. Rape involving a child under the age of 14 is punishable by imprisonment in the state prison for 9, 11 or 13 years if the rape was done against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another; and
  3. Rape involving a minor over 14 years of age is punishable by imprisonment in the state prison for 7, 9 or 11 years if the rape was done against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another.
  1. Citation for the crime: Cal. Penal Code § 264.
  2. Citation for the statute of limitations: please see the crimes of "rape" and "spousal rape" for a statute of limitations citation.
Rape or penetration of genital or anal openings by foreign object, etc.; acting by force or violence; punishment

This crime is punishable by imprisonment in the state prison for 5, 7 or 9 years; or if the victim is under 14 years of age, then the crime is punishable by imprisonment for 10, 12 or 14 years; or if the victim is a minor over the age of 14, then 7, 9 or 11 years.

  1. Prosecution must bring a case against the perpetrator within 6 years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 264.1.
  2. Citation for the statute of limitations: Cal. Penal Code § 800.
Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representation with intent to create fear; punishment

This crime is punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for 2, 3 or 4 years.

  1. Prosecution must bring a case against the perpetrator within 3 years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 266c.
  2. Citation for the statute of limitations: Cal. Penal Code § 801.
Aggravated sexual assault of child

This crime is a felony, punishable by imprisonment in the state prison for 15 years to life.

  1. Prosecution may be commenced at any time.
  1. Citation for the crime: Cal. Penal Code § 269.
  2. Citation for the statute of limitations: Cal. Penal Code § 799.
Incest

This crime is punishable by imprisonment in the state prison.

  1. Prosecution must bring a case against the perpetrator within 3 years after commission of the offense
  1. Citation for the crime: Cal. Penal Code § 285.
  2. Citation for the statute of limitations: Cal. Penal Code § 801.
Sodomy

This crime is punishable by imprisonment in the state prison, or in a county jail for not more than 1 year if committed by a person over the age of 21 upon a person under 16 years of age, then such act is a felony; or if the victim is under 1 14 years old and more than 10 years younger than perpetrator, then 3, 6 or 8 years; or if the act of sodomy is accomplished by means of force, violence, etc., then 3, 6 or 8 years; or if the victim is under the age of 14 and the act is accomplished by means of force, violence, etc., then 9, 11 or 13 years; or if the victim is a minor over the age of 14, and the act is by means of force, violence, etc., then 7, 9 or 11 years.

  1. If the victim was under 18 at the time of commission of the offense, any time before victim’s 40th birthday; or
  2. Prosecution of an offense punishable by imprisonment in the state prison must be commenced within 3 years after commission of the offense; or
  3. Prosecution must bring a case against the perpetrator within 6 years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 286.
  2. Citation for the statute of limitations: Cal. Penal Code § 800, § 801 and § 801.1(a).
Lewd or lascivious acts involving children

If the victim is under 14, then this crime is punishable by imprisonment in the state prison for 3, 6 or 8 years; if committed with use of force, violence, etc., 5, 8 or 10 years; if committed by a caretaker upon a dependent by use of force, violence, etc., 5, 8 or 10 years; if the victim is 14 or 15 years old and the person is at least 10 years older than the victim, punished by imprisonment in the state prison for 1, 2 or 3 years, or by imprisonment in country jail for not more than 1 year; if committed by a caretaker upon a dependent, punished by imprisonment in the state prison for 1, 2 or 3 years, or by imprisonment in a county jail for not more than 1 year.

  1. If the victim was under 18 at the time of commission of the offense, prosecution may bring a case against a perpetrator any time before victim’s 40th birthday; or
  2. Prosecution must bring a case against the perpetrator within six years after commission of the offense if punishable by imprisonment in the state prison for 8 years or more; or
  3. Prosecution must bring a case against the perpetrator within 3 years after commission of the offense if punishable by imprisonment in the state prison.
  1. Citation for the crime: Cal. Penal Code § 288.
  2. Citation for the statute of limitations: Cal. Penal Code § 800, § 801 and § 801.1(a).
Oral copulation

This crime, if the victim is under 18 years of age, is punishable by imprisonment in the state prison, or in a county jail for not more than 1 year; if committed by a person over the age of 21 upon a person under 16 years of age, then such act is a felony; if the victim is under 14 and more than 10 years younger, punishable by imprisonment in the state prison for 3, 6 or 8 years; if committed with use of force, violence, etc., 3, 6 or 8 years; if the victim is under 14 and the act is accomplished by means of force, violence, etc., 8, 10 or 12 years; if the victim is a minor over the age of 14 and the act is accomplished by means of force, violence, etc., 6, 8 or 10 years.

  1. If the victim was under 18 at the time of commission of the offense, prosecution may bring a case against a perpetrator any time before victim’s 40th birthday; otherwise
  2. Prosecution must bring a case against the perpetrator within six years after commission of the offense if punishable by imprisonment in the state prison for 8 years or more.
  1. Citation for the crime: Cal. Penal Code § 288a.
  2. Citation for the statute of limitations: Cal. Penal Code § 800 and § 801.1(a).
Harmful matter sent with intent of seduction of minor

This crime is a misdemeanor punished by imprisonment in state prison or county jail for one year or felony and punishment by imprisonment in state prison for 2, 4 or 5 years; if the matter sent does not include depictions of minors engaged in sexual conduct punishment by imprisonment in state prison for 16 months, 2 or 3 years.

  1. Prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of § 1170 shall be commenced within three years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 288.2.
  2. Citation for the statute of limitations: Cal. Penal Code § 801.
Contact of minor with intent to commit sexual offense

This crime is punished by imprisonment in state prison for the length of time prescribed by the sexual offense statute that the perpetrator intended and attempted to commit. 

  1. The statute of limitations for this crime is analogous with the crime the perpetrator attempted to commit; unless
  2. The perpetrator has been found guilty under this crime before, in which case he or she shall be punished for five years imprisonment in addition to the number of years required for the crime he or she attempted to commit. If these additional five years results in a sentence longer than eight years, then prosecution shall be commenced within six years after commission of the offense. If the additional five years results in a sentence less than eight years long, then prosecution shall be commenced within three years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 288.3.
  2. Citation for the statute of limitations: Cal. Penal Code § 800 and §801.
Continuous sexual abuse of child

This crime (which requires three or more acts within a three month period of substantial sexual conduct with a child under 14) is punishable by imprisonment in the state prison for 6, 12 or 16 years.

  1. If the victim was under 18 at the time of commission of the offense, any time before victim’s 40th birthday.
  1. Citation for the crime: Cal. Penal Code § 288.5.
  2. Citation for the statute of limitations: Cal. Penal Code § 801.1(a).
Sexual acts with child 10 or younger

This crime is a felony, and punishable by imprisonment in the state prison for 15 or 25 years to life.

  1. Prosecution for an offense punishable by death or by imprisonment in the state prison for life may be prosecuted at any time.
  1. Citation for the crime: Cal. Penal Code § 288.7.
  2. Citation for the statute of limitations: Cal. Penal Code § 799.
Forcible acts of sexual penetration

This crime is punishable by imprisonment in the state prison for 3, 6 or 8 years; if the victim is under 14 years of age, 8, 10 or 12 years; or if the victim is a minor over the age of 14, then 6, 8 or 10 years.

  1. If the victim was under 18 at the time of commission of the offense, any time before victim’s 40th birthday; otherwise
  2. Prosecution must bring a case against the perpetrator within 6 years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 289.
  2. Citation for the statute of limitations: Cal. Penal Code § 800 and § 801.1(a).
Intentionally transports a child under 16 years for the purpose of lewd or lascivious act

This crime is a felony punishable by imprisonment in state prison for 3, 6, or 8 years. 

  1. Prosecution for an offense punishable by imprisonment for eight years or more shall be commenced within six years after commission of the offense; or
  2. Prosecution for an offense punishable by imprisonment in the state prison shall be commenced within three years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 266j.
  2. Citation for the statute of limitations: Cal. Penal Code § 800 and 801.
Arranging a meeting with a minor for the purpose of exposing his or her genitals or having the child expose his or her genitals, or engage in lewd and lascivious behavior

This crime is punishable by imprisonment not to exceed one year, unless perpetrator goes to the meeting place, in which case this crime is punishable by imprisonment for 2,3, or 4 years. 

  1. Prosecution for an offense punishable by imprisonment in the state prison shall be commenced within three years after commission of the offense.
  1. Citation for the crime: Cal. Penal Code § 288.4.
  2. Citation for the statute of limitations: Cal. Penal Code § 801.

Are there any exceptions to the statute of limitations laws?
California ^
  • Cal. Penal Code § 803 (g)
    • Notwithstanding the limitations described in section 799-801.1 of the Cal. Penal Code, criminal complaints for the following offenses may be filed within one year after the identity of the suspect is conclusively established by DNA testing:
      • Rape (§ 261)
      • Spousal rape (§ 262)
      • Rape or penetration of genital or anal openings by foreign object (§ 264.1)
      • Unlawful sexual intercourse (§ 266c)
      • Aggravated sexual assault of child (§ 269)
      • Incest (§ 285)
      • Sodomy (§ 286)
      • Lewd or lascivious acts involving children (§ 288)
      • Continuous sexual abuse of child (§ 288.5)
      • Oral copulation (§ 288a)
      • Sexual acts with child 10 or younger (§ 288.7)
      • Forcible acts of sexual penetration (§ 289)
    • This DNA exemption is available if, for offenses committed prior to January 1, 2001, the biological evidence has been analyzed for DNA type no later than January 1, 2004, and for offenses committed on or after January 1, 2001, the biological evidence is analyzed for DNA type within two years after commission of the offense.
Anything else I should know?
California ^
  • Cal. Penal Code § 803.6 (a)
    • If more than one time period applies, the time period that is longer applies. (b) Any change in the statute of limitations period applies to any crime if prosecution for the crime was not barred on the effective date of the change by the statute of limitations in effect immediately prior to the effective date of the change.
  • Cal. Penal Code § 805: For the purpose of determining the applicable limitation of time:
    • (a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed (disregarding any enhancement).
    • (b) The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense.
  • People v. Vasquez, 13 Cal. Rptr.3d 162, 164-165 (Cal. Dist. Ct. App. 2004) Ex post facto clause does not prevent the State from extending statute of limitations for prosecutions not yet time barred when statute was enacted. 803(f) merely extends limitations period and does not revive prosecution for previously time barred offenses.
  • People v. Stanfill, 76 Cal. App. 4th 1137, 1150 (Cal. Dist. Ct. App. 2004) Defendant may not challenge on appeal conviction of a time barred lesser included offense when the charged offense was not time barred and the defendant requested or acquiesced to the giving instructions on the lesser offense.





Colorado What is the statute of limitations? Statutory Citation(s):
Sexual assault

This crime is a:

  • Class 1 misdemeanor if, at the time of commission of the act, victim is at least fifteen years of age but less than seventeen years of age and actor is at least ten years older than victim and not the spouse of the victim; or
  • Class 3 felony if perpetrator causes submission of victim through the actual application of physical force or physical violence; if perpetrator causes submission of victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and victim believes that actor has the present ability to execute these threats; if perpetrator causes submission of victim by threatening to retaliate in the future against victim or any other person, and victim reasonably believes that actor will execute this threat; if perpetrator has substantially impaired victim’s power to appraise or control victim’s conduct by employing, without victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission; or
  • Class 2 felony if perpetrator is physically aided or abetted by one or more other persons; if victim suffers seriously bodily injury; if perpetrator is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim; otherwise
  • Other than as described above, this crime is a Class 4 felony.

The statute of limitations depends on a number of circumstances.

  1. If a misdemeanor crime, within five years after the commission of the offense; otherwise, if felony
  2. No statute of limitations for this crime (as defined in § 18-3-411 (1)) if committed against a child under 15, or any attempt, conspiracy, or solicitation to commit this crime against a child under 15; or
  3. Within ten years after commission of the offense; or
  4. If victim was under 18 at the time of the commission of the offense, within ten years after such victim reaches the age of 18; and
  5. These periods of time in (2) and (3) are extended for an additional seven years.
  1. Citation for the crime: Colo. rev. Stat. § 18-3-402.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a); (6); (8)(a); (8)(a.3); and Colo. rev. Stat. §18-3-411(2).
Unlawful sexual contact

This crime is a Class 4 felony if (i) offender compels victim to submit by use of force, intimidation, or threat (ii) offender engages in treatment or examination of a victim for other than bona fide medical purposes or (iii) offender with or without sexual contact, induces or coerces a child to expose intimate parts or to engage in any sexual contact, intrusion or penetration with another person for the purpose of the actor’s own sexual gratification; otherwise, Class 1 misdemeanor.

  1. If felony, no limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child under 15, or any attempt, conspiracy, or solicitation to commit a sex offense against a child under 15; or 
  2. If felony, within ten years after commission of the offense; or
  3. If misdemeanor, within five years after the commission of the offense; and
  4. If misdemeanor, the period of time for which a person may be prosecuted is extended for an additional 3 years and 6 months.
  1. Citation for the crime: Colo. rev. Stat. § 18-3-404.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a), § 16-5-401(8)(a), § 16-5-401(8)(b)(9).
Sexual assault on a child

This crime is a Class 3 Felony if:

  • Actor applies force against victim in order to accomplish or facilitate sexual contact;
  • Actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against victim or another person, and victim believes that the actor has the present ability to execute the threat;
  • Actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against victim or another person, and victim believes that actor will execute the threat; or
  • Actor commits offense as part of a pattern of sexual abuse.

Otherwise, the crime is a Class 4 Felony. The statute of limitations depends on the nature of the crime:

  1. No limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child, or any attempt, conspiracy, or solicitation to commit a sex offense against a child.
  1. Citation for the crime: Colo. rev. Stat. § 18-3-405.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a).
Sexual assault on a child by one in a position of trust

This crime is a Class 3 felony if victim is under 15 and the offender commits the offense as part of a pattern of sexual abuse. Otherwise, this crime is a Class 4 felony.

  1. No limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child, or any attempt, conspiracy, or solicitation to commit a sex offense against a child.
  1. Citation for the crime: Colo. rev. Stat. § 18-3-405.3.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a).
Internet sexual exploitation of a child

This crime is a Class 4 felony.

  1. No limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child, or any attempt, conspiracy, or solicitation to commit a sex offense against a child.
  1. Citation for the crime: Colo. rev. Stat. § 18-3-405.4.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a).
Sexual assault on a client by a psychotherapist

This crime is a Class 1 Misdemeanor, but if aggravated, this crime is a Class 4 felony.

  1. No limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child, or any attempt, conspiracy, or solicitation to commit a sex offense against a; or
  2. Within three years after the commission of the offense.
  1. Citation for the crime: Colo. rev. Stat. § 18-3-405.5.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a).
Incest

This crime is a Class 4 felony.

  1. No limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child, or any attempt, conspiracy, or solicitation to commit a sex offense against a child; or
  2. Within three years after the commission of the offense.
  1. Citation for the crime: Colo. rev. Stat. § 18-6-301.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a).
Aggravated incest

This crime is a Class 3 felony.

  1. No limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child, or any attempt, conspiracy, or solicitation to commit a sex offense against a child; or
  2. Within three years after the commission of the offense.
  1. Citation for the crime: Colo. rev. Stat. § 18-6-302.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a).
Sexual exploitation of a child

This crime is a Class 3 felony, but if it involves possession of sexually exploitative material, it is a Class 5 felony except if it involves a second or subsequent offense or possession is of video, video tape, or motion picture or more than 20 different items of sexually exploitative material, in which case it is a Class 4 felony.

  1. No statute of limitations for this crime (as defined in § 18-3-411 (1)) if committed against a child, or any attempt, conspiracy, or solicitation to commit this crime against a child; or
  2. Within ten years after commission of the offense; or
  3. If victim was under 18 at the time of the commission of the offense, within ten years after such victim reaches the age of 18; and
  4. These periods of time in (2) and (3) are extended for an additional seven years.
  1. Citation for the crime: Colo. rev. Stat. § 18-6-403.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a); (6); (8)(a); (8)(a.3).
Procurement of a child for sexual exploitation

This crime is a Class 3 felony.

  1. No limit for any unlawful sex offense (as defined in § 18-3-411 (1)) against a child, or any attempt, conspiracy, or solicitation to commit a sex offense against a child; or
  2. Within three years after the commission of the offense.
  1. Citation for the crime: Colo. rev. Stat. § 18-6-404.
  2. Citation for the statute of limitations: Colo. rev. Stat. § 16-5-401(1)(a).

Are there any exceptions to the statute of limitations laws?
Colorado ^
  • Colo. rev. Stat. § 16-5-401 Limitation for commencing criminal proceedings
    • (8) (a.5) For the offense of sexual assault violations (§ 18-3-402), sexual exploitation of children violations (§ 18-6-403) or all criminal attempt, conspiracy or solicitation charges of any of the foregoing, if the identity of the defendant is determined, in whole or in part, by patterned chemical structure of genetic information, and the offense has been reported to a law enforcement agency within ten years after its commission, there is no time limit on the prosecution of the offense.
Anything else I should know?
Colorado ^
  • People v. Lowry, 160 P.3d 396, 397 (Colo. App. 2007)
    • Defendant’s request for jury instructions on a lesser non-included offense waives any statute of limitations defects with respect to such lesser offense.   
  • People v. Hicks, 262 P.3d 916, 920 (Colo. App. 2011)
    • Ex post facto clause does not prevent the State from extending statute of limitations for prosecutions not yet time barred when statute was enacted.





Connecticut What is the statute of limitations? Statutory Citation(s):
Sexual assault, first degree

This crime is a Class A felony if victim is under sixteen and perpetrator uses force or threatens force, or if victim is under 13 and perpetrator is more than two years older than victim. Otherwise, class B felony.

  1. No statute of limitations for Class A felonies; or
  2. If Class B felony, within five years after the commission of the offense; or if the victim is a minor and not a Class A felony
  3. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-70.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(a); (b); and Conn. Gen. Stat. § 54-193a.
Aggravated sexual assault, first degree

This crime is a Class A felony if victim is under 16. Otherwise, this crime is a Class B felony. 

  1. No statute of limitations for Class A felonies; or
  2. If Class B felony, within five years after the commission of the offense; or if the victim is a minor and not a Class A felony then
  3. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-70a,
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(a); (b); and Conn. Gen. Stat. § 54-193a.
Sexual assault in the spousal or cohabiting relationship

This crime is a Class B felony.

  1. Prosecution must bring a case within five years after commission of the offense; or if the victim is a minor then
  2. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-70b.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(b); and Conn. Gen. Stat. § 54-193a.
Aggravated sexual assault of a minor

This crime is a Class A felony.

  1. There is no statute of limitations for Class A felonies.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-70c.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(a).
Sexual assault, second degree

This crime is a Class B felony if the victim is under 16. Otherwise, this crime is a Class C felony.

  1. Prosecution must bring a case within five years after commission of the offense; or if the victim is a minor then
  2. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-71.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(b); and Conn. Gen. Stat. § 54-193a.
Sexual assault, third degree

This crime is a Class C felony if victim is under 16. Otherwise, this crime is a Class D felony. 

  1. Prosecution must bring a case within five years after commission of the offense; or if the victim is a minor then
  2. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-72a.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(b); and Conn. Gen. Stat. § 54-193a.
Sexual assault, third degree with a firearm

This crime is a Class B felony if victim is under 16. Otherwise, this crime is a Class C felony.

  1. Prosecution must bring a case within five years after commission of the offense; or if the victim is a minor then
  2. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-72b.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(b); and Conn. Gen. Stat. § 54-193a.
Sexual assault, fourth degree

This crime is a Class D felony if victim is under 16. Otherwise, this crime is a Class A misdemeanor. 

  1. If a Class D felony, prosecution must bring a case within five years after commission of the offense; or
  2. If a Class A misdemeanor, within one year after commission of the offense; or
  3. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-73a.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(b); (c); and Conn. Gen. Stat. § 54-193a.
Incest

This crime is a Class D felony.

  1. Prosecution must bring a case within five years after commission of the offense; or if the victim is a minor then
  2. Within 30 years after victim attains the age of majority, or within five years after victim notifies any police officer or state’s attorney of the commission of the offense, whichever is earlier; provided that if the prosecution is for sexual assault in the second degree and victim is thirteen or older but under sixteen and offender is more than three years older, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
  1. Citation for the crime: Conn. Gen. Stat. § 53a-191.
  2. Citation for the statute of limitations: Conn. Gen. Stat. § 54-193(b); and Conn. Gen. Stat. § 54-193a.

Are there any exceptions to the statute of limitations laws?
Connecticut ^
  • Conn. Gen. Stat. § 54-193b Limitation of prosecution for sexual assault offenses when DNA evidence available
    • For the following offenses, no time limit provided that victim notified any police officer or state’s attorney of the commission of the offense no later than five years after commission of the offense, and the identity of the person who allegedly committed the offense has been established through a DNA profile comparison using evidence collected at the time of the commission of the offense:
      • First degree sexual assault (§ 53a-70);
      • Aggravated first degree sexual assault (§ 53a-70a);
      • Sexual assault in the spousal or cohabiting relationship (§ 53a-70b);
      • Second degree sexual assault (§ 53a-71);
      • Third degree sexual assault (§ 53a-72a); and
      • Third degree sexual assault with a firearm (§ 53a-72b).
Anything else I should know?
Connecticut ^
  • State v. George J., 910 A.2d 931, 941-942 (Conn. 2006)
    • Statute of limitations begins to run upon notification by a minor victim to police or state’s attorney and not upon notification to police by such minor victim’s parents or legal guardians.  Extended statute of limitations under § 54-193a is not limited only to offenses for which sexual abuse, sexual exploitation or sexual assault of a minor is an element of the crime.
  • State v. Ali, 660 A.2d 337, 342-344 (Conn. 1995)
    • Issuance of an arrest warrant qualifies as prosecution and tolls statute of limitations only if executed without unreasonable delay and in determining whether there was unreasonable delay the fact finder may consider whether the accused eluded authorities or made himself difficult to apprehend. 
  • State v. Saraceno, 545 A.2d 1116, 1124 (Conn. App. Ct. 1988)
    • An original information can toll the statute of limitations for a separate and distinct offense alleged for the first time in the superseding information so long as the original information alleges approximately the same facts as the subsequent information.





Delaware What is the statute of limitations? Statutory Citation(s):
Incest

This crime is a Class A misdemeanor.

  1. For any class A misdemeanor, within three years after commission of the offense; or 
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has been recovered through psychotherapy without independent evidence.
  1. Citation for the crime: Del. Code tit. 11, § 766.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(2) and (e).
Unlawful sexual contact, third degree

This crime is a Class A misdemeanor.

  1. For any class A misdemeanor, within three years after commission of the offense; or 
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has been recovered through psychotherapy without independent evidence.
  1. Citation for the crime: Del. Code tit. 11, § 766.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(2) and (e).
Unlawful sexual contact, second degree

This crime is a Class F felony.

  1. For any felony other than murder, within five years after commission of the offense; or 
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has been recovered through psychotherapy without independent evidence.
  1. Citation for the crime: Del. Code tit. 11, § 768.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Unlawful sexual contact, first degree

This crime is a Class D felony.

  1. For any felony other than murder, within five years after commission of the offense; or
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has been recovered through psychotherapy without independent evidence.
  1. Citation for the crime: Del. Code tit. 11, § 769
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Rape, fourth degree

This crime is a Class C felony.

  1. For any felony other than murder, within five years after commission of the offense; or 
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has
  1. Citation for the crime: Del. Code tit. 11, § 770
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Rape, third degree

This crime is a Class B felony.

  1. For any felony other than murder, within five years after commission of the offense; or 
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has been recovered through psychotherapy without independent evidence.
  1. Citation for the crime: Del. Code tit. 11, § 771
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Rape, second degree

This crime is a Class B felony.

  1. For any felony other than murder, within five years after commission of the offense; or 
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has been recovered through psychotherapy without independent evidence.
  1. Citation for the crime: Del. Code tit. 11, § 772
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Rape, first degree

This crime is a Class A felony.

  1. No statute of limitations for class A felonies, or any attempt to commit class A felonies.
  1. Citation for the crime: Del. Code tit. 11, § 773.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(a) and (e).
Sexual extortion

This crime is a Class E felony.

  1. For any felony other than murder, within five years after commission of the offense; or 
  2. No statute of limitations for this crime if the prosecution is not based solely on the memory of the victim that has been recovered through psychotherapy without independent evidence.
  1. Citation for the crime: Del. Code tit. 11, § 774.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Continuous sexual abuse of a child

This crime is a Class B felony.

  1. For any felony other than murder, within five years after commission of the offense.
  1. Citation for the crime: Del. Code tit. 11, § 776.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Dangerous crime against a child under 14

This crime is a Class B felony. For a second offense, life in prison is a possibility.

  1. For any felony other than murder, within five years after commission of the offense.
  1. Citation for the crime: Del. Code tit. 11, § 777.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1) and (e).
Unlawful sexual conduct against a child, by a sex offender

This crime is classified depending on the classification of the underlying crime which originally required the sex offender to register:

  • If the underlying crime was a misdemeanor, than this crime, unlawful sexual conduct against a child by a sex offender, is a Class G felony, unless child is less than 12 or is less than 18 and has a cognitive disability, then this crime is a Class C felony; or
  • If underlying crime was a Class C, D, E, F, or G felony, then this crime is one felony higher than the underlying offense, unless child is less than 12 or is less than 18 and has a cognitive disability, then this crime is a Class B felony; or
  • If the underlying crime was a Class A or B felony, then same felony grade with doubled minimum sentence of imprisonment.

The statute of limitations depends on the classification of the crime, explained above.

  1. No statute of limitations for class A felonies, or any attempt to commit class A felonies; or
  2. For other felonies, within five years after commission of the offense.
  1. Citation for the crime: Del. Code Ann. tit. 11, § 777a.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1).
Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree

This crime is classified depending upon the age of the victim.

  • If victim is less than sixteen years of age and sexual intercourse, then Class A felony; or
  • If victim is less than sixteen years of age and sexual penetration, then Class B felony; or
  • If victim is between 16 and 18 years of age and perpetrator is at least four years old than the child, then class B felony; or
  • If victim is between 16 and 18 years of age then class C felony; or
  • If sexual extortion of a victim less than 16 years of age, then class D felony.

The statute of limitations depends on the classification of the crime, explained above.

  1. No statute of limitations for class A felonies, or any attempt to commit class A felonies; or
  2. For other felonies, within five years after commission of the offense.
  1. Citation for the crime: Del. Code Ann. tit. 11, § 778.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1).
Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree

This crime is classified depending upon the age of the victim.

  • If sexual contact with victim less than 16 years of age or forces victim less than 16 years of age to have sexual contact with a third person, then class D felony; or
  • If perpetrator at least 4 years older than victim under the age of 16 exposes his or her private areas, then class F felony; or
  • If perpetrator at least 4 years older than victim under the age of 16 attempts to induce victim to engage in sexual contact or sexual intercourse, then class G felony.

The statute of limitations depends on the classification of the crime, explained above.

  1. No statute of limitations for class A felonies, or any attempt to commit class A felonies; or
  2. For other felonies, within five years after commission of the offense.
  1. Citation for the crime: Del. Code Ann. tit. 11, § 778a.
  2. Citation for the statute of limitations: Del. Code Ann. tit. 11, § 205(b)(1).

Are there any exceptions to the statute of limitations laws?
Delaware ^
  • Del. Code Ann. tit. 11, § 205 Time limitations
    • (i) If the limitation period has expired, a prosecution for any offense in this title may be commenced within 10 years after it is committed if based upon forensic DNA testing.
Anything else I should know?
Delaware ^
  • For any crime not listed above which is a Class B or C misdemeanor, then prosecution for that offense must commence within two years after the offense was committed.
  • (h) Limitation period does not run:
    • (h) (1) During any time when the accused is fleeing or hiding from justice so that the accused’s identity or whereabouts within or outside the State cannot be ascertained despite a diligent search
    • (h) (2) During any time when the accused has become a fugitive by failing to appear for any court proceeding for which proper notice was provided
    • (h) (3) During any time when a prosecution against the accused for the same conduct has been commenced
  • Cane v. State, 560 A.2d 1063, 1066 (Del. 1989)
    • Defendant may not be prosecuted for, or convicted of, a lesser included offense if at the time the offense is presented to the court its prosecution is time barred, even if the originally charged offense was not time barred.
  • Hoennicke v. State, 13 A.3d 744, 747 (Del. 2010)
    • Legislative provision for unlimited statute of limitations for certain sexual offenses applies to offenses committed before the provision was passed on June 23, 2003 so long as the previously applicable statute of limitations had not expired by June 23, 2003.





District of Columbia What is the statute of limitations? Statutory Citation(s):
Incest
  1. Prosecution must commence within 10 years after commission of the offense;
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-1901.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(2).
Sexual abuse, first degree
  1. Prosecution must commence within 15 years after commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3002.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(2).
Sexual abuse, second degree
  1. Prosecution must commence within 15 years after commission of the crime.
  1. Citation for the crime: D.C. Code § 22-3003.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(2).
Sexual abuse, third degree
  1. Prosecution must commence within 10 years after commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3004.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3).
Sexual abuse, fourth degree
  1. Prosecution must commence within 10 years after commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3005.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3).
Misdemeanor sexual abuse
  1. Prosecution must commence within three years after commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3006.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(5).
Child sexual abuse, first degree
  1. Prosecution must commence within 15 years after commission of the offense;
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-3008.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(2) and (d)(2).
Child sexual abuse, second degree
  1. Prosecution must commence within 15 years after commission of the offense;
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-3009.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(2) and (d)(2).
Sexual abuse of a minor, first degree
  1. Prosecution must commence within six years after the commission of the offense.
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-3009.01.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(4) and (d)(2).
Sexual abuse of a minor, second degree
  1. Prosecution must commence within six years after the commission of the offense.
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-3009.02.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(4) and (d)(2).
Misdemeanor sexual abuse of a child or minor
  1. Prosecution must commence within three years after commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3010.01.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(5).
Sexual abuse of a ward, patient, client, or prisoner, first degree
  1. Prosecution must commence within 10 years after the victim is no longer a ward.
  1. Citation for the crime: D.C. Code § 22-3013.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(3).
Sexual abuse of a ward, patient, client, or prisoner, second degree
  1. Prosecution must commence within 10 years after the victim is no longer a ward.
  1. Citation for the crime: D.C. Code § 22-3014.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(3).
Sexual abuse of a patient or client, first degree
  1. Prosecution must commence within 10 years after the victim is no longer a patient or client of the offender.
  1. Citation for the crime: D.C. Code § 22-3015.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(4).
Sexual abuse of a patient or client, second degree
  1. Prosecution must commence within 10 years after the victim is no longer a patient or client of the offender.
  1. Citation for the crime: D.C. Code § 22-3016.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(4).
Abducting or enticing a child from the home for purposes of prostitution
  1. Prosecution must commence within 10 years after commission of the offense;
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-2704.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(2).
Pandering, compelling individual to engage in prostitution
  1. Prosecution must commence within 10 years after commission of the offense;
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-2705.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(2).
Compelling an individual to live a life of prostitution against their will
  1. Prosecution must commence within 10 years after commission of the offense;
  2. This period of limitation does not begin to run until victim reaches 21, where the victim is a minor.
  1. Citation for the crime: D.C. Code § 22-2706.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(2).
Enticing a child or minor
  1. Prosecution must commence within 10 years after commission of the offense;
  2. This period of limitation does not begin to run until victim reaches 21.
  1. Citation for the crime: D.C. Code § 22-3010.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3) and (d)(2).
Sexual abuse of a secondary education student, first degree
  1. Prosecution must commence within six years after the commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3009.03.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(4).
Sexual abuse of a secondary education student, second degree
  1. Prosecution must commence within six years after the commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3009.04.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(4).    
Causing spouse or domestic partner to live in prostitution
  1. Prosecution must commence within 10 years after commission of the offense.
  1. Citation for the crime: D.C. Code § 22-2708.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(3).    
Arranging for sexual contact with a real or fictitious child
  1. Prosecution must commence within three years after commission of the offense.
  1. Citation for the crime: D.C. Code § 22-3010.02.
  2. Citation for the statute of limitations: D.C. Code § 23-113(a)(4).   

Are there any exceptions to the statute of limitations laws?
District of Columbia ^
  • None specified.
Anything else I should know?
District of Columbia ^
  • (d)(5) The period of limitation shall not begin to run for forced labor, trafficking in labor or commercial sex, sex trafficking of children, and benefitting financially from human trafficking until the victim is no longer subject to the means used to obtain or maintain his or her labor or services or commercial sex acts.
  • (f) No statute of limitations shall extend to any person fleeing from justice.





Florida What is the statute of limitations? Statutory Citation(s):
Sexual battery

The statute of limitations for this crime depends upon how the crime is classified. A classification of this crime depends upon circumstances and facts, as outlined below.

  • Capital felony if offender at least 18 commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, victim under 12; or
  • Life felony if offender under 18 commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, victim under 12; or
  • Life felony if offender commits sexual battery upon a victim at least 12, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury; or
  • Felony in the first degree if offender commits sexual battery upon a victim at least 12 under any of the following circumstances:
    • Victim is physically helpless to resist;
    • Offender coerces submission by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat;
    • Offender coerces submission by threatening to retaliate against the victim or a third person, and the victim reasonably believes that the offender has the present ability to execute the threat in the future;
    • Offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates victim;
    • Victim is mentally defective and offender knows or has reason to know;
    • Victim is physically incapacitated;
    • Offender is a law enforcement officer, correctional officer, correctional probation officer, or other person in a position of control or authority in a controlled setting and such person is acting in a manner as to lead the victim to reasonably believe that the offender is in a position of control authority as an agent or employee of government; or
  • Felony in the first degree if offender 18 or older commits sexual battery upon a person 12 years of age or older, but younger than 18, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury;
  • Felony in the second degree if offender 18 or older commits sexual battery upon a person 18 or older without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury; or
  • Felony in the second degree if offender younger than 18 commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury
  • Felony in the first degree if offender commits sexual battery upon a person 12 years of age or older, without that person’s consent, under any of the circumstances listed in § 794.011(e);
  • First degree felony if offender who is in a position of familial or custodial authority to any person between the age of 12 and 17 commits any sexual battery act, and the willingness of the victim is not a defense.

The statute of limitations for this offense is as follows:

  1. No limitation for capital felony, life felony, or a felony that resulted in death;
  2. Within four years after commission of the offense for a felony of the first degree;
  3. Within three years after commission of the offense for a felony of any other degree;
  4. No limitation if the offense is a first or second degree felony committed against a victim 16 or older, and the offense is reported within 72 hours after its commission;
  5. No limitation if the offense is a first degree felony and the victim was under 18 at the time the offense was committed;
  6. If the victim was under 18 at the time the offense was committed, the applicable period of limitation does not begin to run until victim has reached 18 or the offense is reported to law enforcement, whichever occurs first;
  7. No limitation if the victim was under 16 at the time the offense was committed.
  1. Citation for the crime: Fla. Stat. § 794.011.
  2. Citation for the statute of limitations: Fla. Stat. § 775.15.
Sexual battery by multiple perpetrators

This crime is classified as follows:

  1. A sexual battery that would be a felony of the second degree becomes a felony of the first degree if there were multiple perpetrators; or
  2. A sexual battery that would be a felony of the first degree becomes a life felony if there were multiple perpetrators.

Please see "Sexual battery" above for a description of the statute of limitations for this crime. 

  1. Citation for the crime: Fla. Stat. § 794.023.
  2. Citation for the statute of limitations: Fla. Stat. § 775.15.
Unlawful sexual activity with certain minors

This crime is a second degree felony.

  1. Prosecution must bring a case within three years after commission of the offense.
  1. Citation for the crime: Fla. Stat. § 794.05.
  2. Citation for the statute of limitations: Fla. Stat. § 775.15(2)(b).
Lewd or lascivious offenses committed on or in the presence of persons under 16

The statute of limitations for this crime depends upon how the crime is classified. A classification of this crime depends upon circumstances and facts, as outlined below.

  1. Felony of the second degree if offender engages in sexual activity with a victim at  least 12 but under 16, or encourages, forces, or entices a victim under 16 to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other sexual activity as defined by law; or
  2. Life felony if offender at least 18 intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing over them, of a victim under 12; or
  3. Felony of the second degree if offender is under 18 and intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing over them, of a victim under 12, or if offender is at least 18 and victim is at least 12 but under 16; or
  4. Felony of the third degree if offender is under 18 and intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing over them, of a victim at least 12 but under 16; or
  5. Felony of the second degree if offender 18 or older intentionally touches a person under 16 in a lewd or lascivious manner or solicits a person under 16 to commit a lewd or lascivious act; or
  6. Felony of the third degree if offender less than 18 intentionally touches a person under 16 in a lewd or lascivious manner or solicits a person under 16 to commit a lewd or lascivious act.
  7. Life felony if offender was previously convicted of this section or sexual battery of a child, sexual battery under Chapter 794, or transmission of child pornography.

The statute of limitations for this offense is as follows:

  1. No limitation for capital felony, life felony, or a felony that resulted in death; or
  2. within three years after commission of the offense; and
  3. If the victim was under 18 at the time the offense was committed, the applicable period of limitation does not begin to run until victim has reached 18 or the offense is reported to law enforcement, whichever occurs first.
  1. Citation for the crime: Fla. Stat. § 800.04.
  2. Citation for the statute of limitations: Fla. Stat. § 775.15.
Lewd or lascivious offenses committed on or in the presence of an elderly person or disabled person

This crime is a felony of the second degree.

  1. Prosecution must bring a case within three years after commission of the offense.
  1. Citation for the crime: Fla. Stat. § 825.1025.
  2. Citation for the statute of limitations: Fla. Stat. § 775.15(2)(b).
Incest

This crime is a felony of the third degree. 

  1. Prosecution must bring a case within three years after commission of the offense; and
  2. If the victim was under 18 at the time the offense was committed, the applicable period of limitation does not begin to run until victim has reached 18 or the offense is reported to law enforcement, whichever occurs first.
  1. Citation for the crime: Fla. Stat. § 826.04.
  2. Citation for the statute of limitations: Fla. Stat. § 775.15(2)(b) and (13)(a).
Computer pornography/traveling to meet minors

The statute of limitations for this crime depends upon how the crime is classified. A classification of this crime depends upon circumstances and facts, as outlined below.

  1. Felony of the third degree if person uses a device capable of electronic data storage or transmission to seduce, solicit, lure, or entice a person believed to be a child to engage in unlawful sexual conduct, or attempt to gain consent from a guardian of a child for the child to engage in such conduct; or
  2. Felony in the second degree if person travels any distance to attempt to engage in unlawful sexual conduct with a person believed to be a child after using a device capable of electronic data storage or transmission to seduce, solicit, lure, or entice a person believed to be a child to engage in unlawful sexual conduct, or attempt to gain consent from a guardian of a child for the child to engage in such conduct.

The statute of limitations for this offense is as follows:

  1. Prosecution must bring a case within three years after commission of the offense; and
  2. If the victim was under 18 at the time the offense was committed, the applicable period of limitation does not begin to run until victim has reached 18 or the offense is reported to law enforcement, whichever occurs first.
  1. Citation for the crime: Fla. Stat. § 847.0135.
  2. Citation for the statute of limitations: Fla. Stat. § 775.15(2)(b) and (13)(a).

Are there any exceptions to the statute of limitations laws?
Florida ^
  • Fla. Stat. § 775.15 Time limitations
    • (15) (a) For the following offenses, within one year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of DNA evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused; applies to any offense not otherwise barred from prosecution between July 1, 2004 and June 30, 2006
      • Sexual battery (§ 794.011)
      • Lewd or lascivious offense upon or in the presence of a child (§ 800.04)
      • Lewd or lascivious offense upon or in the presence of an elderly or disabled person (§ 825.1025)
    • (16) (a) For the following offenses, a prosecution may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of DNA evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused; applies to offenses not otherwise barred from prosecution on or after July 1, 2006:
      • Sexual battery (§ 794.011)
      • Lewd or lascivious offense in the presence of a child (§ 800.04)
      • Lewd or lascivious offense upon or in the presence of an elderly or disabled person (§ 825.1025)
      • Certain computer transmissions related to child pornography (§ 847.0135 (5))
Anything else I should know?
Florida ^
  • Scharfschwerdt v. Kanarek, 553 So.2d 218, 220 (Fla. 4th DCA 1989)
    • Legislature can amend statutes of limitation for sexual battery to apply retroactively without running afoul of constitutional ex post facto prohibition if it does so before prosecution is barred by old statute, and legislature clearly indicates that new statute is to apply retroactively.
    • See also Dixon v. State, 53 So.3d 1242, (Fla. 2d DCA 2011) (refusing to apply statute of limitations extension based on DNA analysis when the subsequent statute had not been enacted when the original limitations period for a sexual battery offense had already expired).
  • Torgerson v. State, 964 So. 2d 178, 179 (Fla. 2007)
    • In a trial for lewd or lascivious battery upon a person between 12 and 16 and sexual battery, the statute of limitations in effect at the time defendant allegedly committed the offenses were applicable. Thus, the limitations period began to run when the victim reached 16 or when the crime was reported to law enforcement agency – not when the victim turned 18 as provided in statute relied on by prosecution.





Georgia What is the statute of limitations? Statutory Citation(s):
Rape

The statute of limitations for this offense is as follows:

  1. When the rape is forcible, prosecution must be commenced within 15 years after commission of the offense; or
  2. If the rape is not forcible, but is committed against a victim under 18, then prosecution must be commenced within seven years of the offense; or
  3. If the victim is under 16 on the date of commission of the offense and the offense was committed on or after July 1, 1992 but before June 30, 2012, then the period does not run until the victim reaches the age of 16 or the violation is reported to law enforcement; or
  4. If the victim is under 16 on the date of the commission of the offense, then prosecution may be commenced at any time for offenses occurring on or after July 1, 2012.
  1. Citation for the crime: Ga. Code § 16-6-1
  2. Citation for the statute of limitations: Ga. Code § 17-3-1 and Ga. Code § 17-3-2.1.
Sodomy, aggravated sodomy
  1. For aggravated sodomy, which is sodomy with force and against the will of victim, or sodomy with a person under 10, prosecution must commence within seven years after the commission of the crime; or
  2. For sodomy other than aggravated sodomy and where the victim is under 18, prosecution must commence within seven years after the commission of the crime; or
  3. For any other sodomy that is illegal, prosecution must commence within four years after the commission of the crime; or
  4. If the victim is under 16 on the date of commission of the offense and the offense was committed on or after July 1, 1992 but before June 30, 2012, then the period does not run until the victim reaches the age of 16 or the violation is reported to law enforcement; or
  5. If the crime is aggravated sodomy and the victim is under 16 on the date of the commission of the offense, then prosecution may be commenced at any time for offenses occurring on or after July 1, 2012.
  1. Citation for the crime: Ga. Code § 16-6-2.
  2. Citation for the statute of limitations: Ga. Code § 17-3-1 and Ga. Code § 17-3-2.1.
Statutory rape (victim under age of 16 not a spouse of the offender)
  1. Prosecution must commence within four years after the commission of the crime; or
  2. If the victim is at least 14 but less than 16, and the offender is 18 or younger and no more than 4 years older than the victim, then prosecution must commence within two years after commission of the crime; or
  3. If the victim is under 18 at the time the offense was committed, then within seven years after commission of the crime; or
  4. If the victim is under 16 on the date of commission of the offense and the offense was committed on or after July 1, 1992 but before June 30, 2012, then the period does not run until the victim reaches the age of 16 or the violation is reported to law enforcement.
  1. Citation for the crime: Ga. Code § 16-6-3.
  2. Citation for the statute of limitations: Ga. Code § 17-3-1 and Ga. Code § 17-3-2.1.
Child molestation, aggravated child molestation

Child molestation is either (1) any immoral or indecent act to or in the presence of any victim under 16 with the intent to arouse the offender or the victim, or (2) transmitting electronic images to images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a victim under 16, with the intent to arouse the offender or the victim.

  1. Prosecution must commence within seven years of the crime; or
  2. If the victim is at least 14 but less than 16, and the offender is 18 or less and within 4 years of the victim, then prosecution must commence within two years of the crime.

Aggravated child molestation is child molestation that physically injures the child or involves sodomy.

  1. Prosecution must commence within seven years of the crime; or
  2. If the victim is between 14 and 16, the offender is 18 or younger and within 4 years of the victim, and the basis of the charge of aggravated child molestation is that the act involved sodomy, then the prosecution must commence within two years

For both child molestation and aggravated child molestation: 

  1. If the victim is under 16 on the date of commission of the offense and the offense was committed on or after July 1, 1992 but before June 30, 2012, then the period does not run until the victim reaches the age of 16 or the violation is reported to law enforcement; or
  2. If the victim is under 16 on the date of the commission of the offense, then prosecution may be commenced at any time for offenses occurring on or after July 1, 2012.
  1. Citation for the crime: Ga. Code § 16-6-4.
  2. Citation for the statute of limitations: Ga. Code § 17-3-1 and Ga. Code § 17-3-2.1.
Incest
  1. Prosecution must commence within four years after commission of the crime; or
  2. Prosecution must commence within seven years of the crime, if the victim is under 18; or
  3. If the victim is under 16 on the date of commission of the offense and the offense was committed on or after July 1, 1992 but before June 30, 2012, then the period does not run until the victim reaches the age of 16 or the violation is reported to law enforcement; or
  4. If the victim is under 16 on the date of the commission of the offense, then prosecution may be commenced at any time for offenses occurring on or after July 1, 2012.
  1. Citation for the crime: Ga. Code § 16-6-22
  2. Citation for the statute of limitations: Ga. Code § 17-3-1 and Ga. Code § 17-3-2.1.
Sexual battery

The statute of limitations for this crime is as follows:

  1. For sexual battery on persons over 16, prosecution must commence within two years after commission of the crime if it is the offender’s first offense; or
  2. For sexual battery on persons over 16, prosecution must commence within four years of the crime, if the offender has a prior conviction for sexual battery; or
  3. For sexual battery committed against victims who are under 18 at the time the offense is committed, prosecution must commence within seven years after commission of the crime.
  1. Citation for the crime: Ga. Code § 16-6-22.1
  2. Citation for the statute of limitations: Ga. Code § 17-3-1.
Aggravated sexual battery
  1. Prosecution must commence within seven years after the commission of the crime.
  1. Citation for the crime: Ga. Code § 16-6-22.2.
  2. Citation for the statute of limitations: Ga. Code § 17-3-1.
Trafficking a person for labor or sexual servitude

The statute of limitations for this offense is as follows: 

  1. Prosecution must commence within four years of the commission of the crime; or
  2. If the victim is under 18, then prosecution must commence within seven years of the crime; or
  3. If the victim is under 16 on the date of the commission of the offense, and the offense occurred on or after July 1, 2012, then prosecution may be commenced at any time.
  1. Citation for the crime: Ga. Code § 16-5-46.
  2. Citation for the statute of limitations: Ga. Code § 17-3-1 and Ga. Code § 17-3-2.1.
Enticing a child for indecent purposes

The statute of limitations for this crime is as follows:

  1. Prosecution must commence within seven years after the commission of the crime; or
  2. If the victim is at least 14 but less than 16, and the offender is 18 or younger and no more than four years older than the victim, prosecution must commence within two years of the crime; or
  3. If the victim is under 16 on the date of commission of the offense and the offense was committed on or after July 1, 1992 but before June 30, 2012, then the period does not run until the victim reaches the age of 16 or the violation is reported to law enforcement; or
  4. If the victim is under 16 on the date of the commission of the offense, then prosecution may be commenced at any time for offenses occurring on or after July 1, 2012 (unless the offender is no more than 18 years old, is no more than four years older than the victim, and the victim is at least 14 years old).
  1. Citation for the crime: Ga. Code § 16-6-5.
  2. Citation for the statute of limitations: Ga. Code § 17-3-1 and Ga. Code § 17-3-2.1.
Sexual Assault

The statute of limitations for this crime is as follows:

  1. Prosecution for sexual assault must commence within four years after the offense; or
  2. For sexual assault committed against victims who are under 18 at the time the offense is committed, prosecution must commence within seven years after commission of the crime; or
  3. If the victim is at least 14 and less than 16, and the offender is 18 or younger and no more than 4 years older than the victim, then prosecution must commence within two years of the crime.
  1. Citation for the crime: Ga. Code § 16-6-5.1.
  2. Citation for the statute of limitations: Ga. Code § 17-3-1.

Are there any exceptions to the statute of limitations laws?
Georgia ^
  • Ga. Code § 17-3-1 Limitation on prosecutions:
    • (d) For the following offenses, no statute of limitations when DNA evidence is used to establish the identity of the accused, provided that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused:
      • Rape (§ 16-6-1)
      • Aggravated sodomy (§ 16-6-2)
      • Aggravated child molestation (§ 16-6-4)
      • Aggravated sexual battery (§ 16-6-22.2)
Anything else I should know?
Georgia ^
  • Ga. Code § 17-3-2.2 Statute of limitations:
    • When the victim of an offense is 65 or older, the applicable period of limitations will not begin to run until the offense is reported to or discovered by a law enforcement agency, prosecuting attorney, or other governmental agency.  Except in certain limited circumstances, prosecution shall not commence more than 15 years after commission of the crime.
  • Duke v. State, 681 S.E.2d 174, 177-78 (Ga. Ct. App. 2009). cert denied
    • Ex post facto clause does not prevent the State from extending statute of limitations for prosecutions not yet time barred when statute was enacted.
  • Wiggins v. State, 432 S.E.2d 113, 116 (Ga. Ct. App. 1993)
    • For statute of limitations purposes, the date of a sexual assault need not be proved with preciseness, but only that it occurred during the period of limitation.





Guam What is the statute of limitations? Statutory Citation(s):
First Degree Criminal Sexual Conduct

Criminal sexual conduct in the first degree is a felony in the first degree. Any person convicted of criminal sexual conduct under § 25.15(a) shall be sentenced to a minimum of 15 years imprisonment, and may be sentenced to a maximum of life imprisonment without the possibility of parole. Any person convicted of criminal sexual conduct in the first degree shall not be eligible for work release or educational programs outside the confines of prison.

  1. There is no limit for this crime.
  1. Citation for the crime: GCA Title 9 § 25.15.
  2. Citation for the statute of limitations: GCA Title 8 § 10.17.
Second Degree Criminal Sexual Conduct

Criminal sexual conduct in the second degree is a felony in the first degree but a person convicted of criminal sexual conduct in the second degree who receives a sentence of imprisonment shall not be eligible for work release or educational programs outside the confines of prison.

  1. There is no limit for this crime.
  1. Citation for the crime: GCA Title 9 § 25.20.
  2. Citation for the statute of limitations: GCA Title 8 § 10.17.
Third Degree Criminal Sexual Conduct

Criminal sexual conduct in the third degree is a felony of the second degree.

  1. The limit is within 3 years of the commission of the offense; or
  2. If the victim is under the age of majority and does not fall under 3. below, then a prosecution may be commenced up to three (3) years after the minor reaches the age of majority; or
  3. If the victim is under the age of majority or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committed, then a prosecution may commence at any time.
  1. Citation for the crime: GCA Title 9 § 25.25.
  2. Citation for the statute of limitations: GCA Title 8 §§ 10.16, 10.20.
Fourth Degree Criminal Sexual Conduct

Criminal sexual conduct in the fourth degree is a felony of the third degree, except for first time offenders it is a misdemeanor.

  1. Prosecution must commence within 3 years after the commission of the offense; or
  2. If the victim is under the age of majority and does not fall under (3) below, then a prosecution may be commenced up to three (3) years after the minor reaches the age of majority; or
  3. If the victim is under the age of majority or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committed, then a prosecution may commence at any time.
  1. Citation for the crime: GCA Title 9 § 25.30.
  2. Citation for the statute of limitations: GCA Title 8 §§ 10.16,10.20.
Assault with Intent to Commit Criminal Sexual Conduct

Assault with intent to commit criminal sexual conduct involving penetration is a felony of the third degree.

  1. Prosecution must commence within 3 years after the commission of the offense; or
  2. If the victim is under the age of majority and does not fall under (3) below, then a prosecution may be commenced up to three (3) years after the minor reaches the age of majority; or
  3. If the victim is under the age of majority or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committed, then a prosecution may commence at any time.
  1. Citation for the crime: GCA Title 9 § 25.35.
  2. Citation for the statute of limitations: GCA Title 8 §§ 10.16, 10.20.
Indecent electronic display to a child

This crime is a third degree felony. 

  1. If the victim is under the age of majority and does not fall under (2) below, then a prosecution may be commenced up to three years after the minor reaches the age of majority; or
  2. If the victim is under the age of majority or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committed, then a prosecution may commence at any time.
  1. Citation for the crime: GCA Title 9 § 25A102
  2. Citation for the statute of limitations: GCA Title 8 §§ 10.15; 10.16; and 10.20.
Electronic enticement of a child as third degree felony

This crime is a third degree felony. 

  1. If the victim is under the age of majority and does not fall under (2) below, then a prosecution may be commenced up to three years after the minor reaches the age of majority; or
  2. If the victim is under the age of majority or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committed, then a prosecution may commence at any time.
  1. Citation for the crime: GCA Title 9 § 25.01.10.
  2. Citation for the statute of limitations: GCA Title 8 §§ 10.15; 10.16; and 10.20.

Are there any exceptions to the statute of limitations laws?
Guam ^
  • None specified.
Anything else I should know?
Guam ^
  • Please note that GCA TITLE 8 § 10.16 and GCA TITLE 8 § 10.15, which both involve the statute of limitation laws for sex crimes involving victims who have not reached the age of majority, potentially overlap with one another.
  • For more information about how a particular assault or crime applies to the laws of Guam, please consult an attorney.





Hawaii What is the statute of limitations? Statutory Citation(s):
Sexual assault, first degree

This crime is a Class A felony.

  1. There is no time limit for any felony offense that is a sexual assault, during any time when the victim is alive and under eighteen years of age.
  2. Other sexual assault felonies must be commenced within six years after it was committed.
  1. Citation for the crime: Haw. Rev. Stat. § 707-730.
  2. Citation for the statute of limitations: Haw. Rev. Stat. § 701-108(2)(b); 108(6)(c).
Sexual assault, second degree

This crime is a Class B felony.

  1. There is no time limit for any felony offense that is a sexual assault, during any time when the victim is alive and under eighteen years of age. Other sexual assaults of the second degree must be commenced within three years after it was committed.
  1. Citation for the crime: Haw. Rev. Stat. § 707-731.
  2. Citation for the statute of limitations: Haw. Rev. Stat. § 701-108(2)(d); 108(6)(c).
Sexual assault, third degree

This crime is a Class C felony.

  1. There is no time limit for any felony offense that is a sexual assault, during any time when the victim is alive and under eighteen years of age. Other sexual assaults of the second degree must be commenced within three years after it was committed.
  1. Citation for the crime: Haw. Rev. Stat. § 707-732.
  2. Citation for the statute of limitations: Haw. Rev. Stat. § 701-108(2)(d); 108(6)(c).
Sexual assault, fourth degree

This crime is a misdemeanor.

  1. A case must be brought against offender within two years after commission of the offense.
  1. Citation for the crime: Haw. Rev. Stat. § 707-733.
  2. Citation for the statute of limitations: Haw. Rev. Stat. § 701-108(2)(e).
Continuous sexual assault of a minor under the age of 14 years

This crime is a Class A felony.

  1. There is no time limit for any felony offense that is a sexual assault, during any time when the victim is alive and under eighteen years of age. Other sexual assault felonies must be commenced within six years after it was committed.
  1. Citation for the crime: Haw. Rev. Stat. § 707-733.6.
  2. Citation for the statute of limitations: Haw. Rev. Stat. § 701-108(2)(b); 108(6)(c).
Indecent exposure

This crime is a petty misdemeanor.

  1. Legal proceedings against the offender must commence within one year after commission of the offense.
  1. Citation for the crime: Haw. Rev. Stat. § 707-734.
  2. Citation for the statute of limitations: Haw. Rev. Stat. § 701-108(2)(f).
Incest

This crime is a Class C felony.

  1. There is no time limit for any felony offense that is under Chapter 707, during any time when the victim is alive and under eighteen years of age. Other sexual assaults of the second degree must be commenced within three years after it was committed.
  1. Citation for the crime: Haw. Rev. Stat. § 707-741.
  2. Citation for the statute of limitations: Haw. Rev. Stat. § 701-108(2)(d)108(6)(c).

Are there any exceptions to the statute of limitations laws?
Hawaii ^
  • Haw. Rev. Stat. § 701-108. Time limitations
    • (3)(c) Any felony offense involving evidence containing DNA from the offender, if a test confirming the presence of DNA is performed prior to expiration of the period of limitation prescribed in subsection (2), but in no case shall this provision extend the period of limitation by more than ten years from the expiration of the period of limitation prescribed in subsection (2).
Anything else I should know?
Hawaii ^
  • Haw. Rev. Stat. § 701-108. Time limitations
    • (6) The period of limitation does not run:
      • (a) During any time when the accused is continuously absent from the State or has no reasonably ascertainable place of abode or work within the state, but in no case shall the limitations period be extended by more than 4 years from the expiration of the prescribed limitation period.





Idaho What is the statute of limitations? Statutory Citation(s):
Sexual exploitation by a medical care provider

This crime is a misdemeanor punishable by a fine up to $1,000, and/or by imprisonment in the county jail for up to 1 year.

  1. A case must be brought against offender within one years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-919.
  2. Citation for the statute of limitations: Idaho Code § 19-403.
Sexual abuse and exploitation of a vulnerable adult

Sexual abuse is a felony punishable by up to 25 years in prison and/or a fine up to $25,000. Sexual exploitation is a felony, punishable by up to 15 years in prison and/or a fine up to $25,000.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-1505B.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Sexual abuse of a child under 16

This crime is a felony for offenders age 18 or older punishable by up to 25 years in prison.

  1. There is no statute of limitations for this crime.
  1. Citation for the crime: Idaho Code § 18-1506.
  2. Citation for the statute of limitations: Idaho Code § 19-401.
Ritualized Abuse of a child (i.e., a person under the age of 18)

This crime is a felony.

  1. Must be commenced within 3 years after date of initial disclosure by victim.
  1. Citation for the crime: Idaho Code § 18-1506A(1)(d).
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Sexual exploitation of a child

This crime is a felony punishable by imprisonment for up to 30 years and/or a fine up to $50,000.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-1507.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Possession of sexually exploitative material for other than a commercial purpose

This crime is a felony punishable by imprisonment for up to 10 years and/or a fine up to $10,000.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-1507A.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Lewd conduct with a minor child under 16

This crime is a felony punishable by imprisonment for up to a life term.

  1. There is no statute of limitations for this crime.
  1. Citation for the crime: Idaho Code § 18-1508.
  2. Citation for the statute of limitations: Idaho Code § 19-401.
Sexual battery of a minor child 16 or 17 years of age

This crime is a felony.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-1508A.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Enticing of children (i.e., a minor under the age of 16)

This crime is a misdemeanor for a first offense punishable by imprisonment for up to six months and/or a fine up to $1,000; this crime is a felony for second or subsequent offenses and is punishable by imprisonment for up to five years.

  1. If a felony, a case must be brought against offender within five years after commission of the offense.
  2. If a misdemeanor, a case must be brought against offender within one year after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-1509.
  2. Citation for the statute of limitations: Idaho Code § 19-402 and § 19-403.
Enticing of children (i.e., a minor under the age of 16) using internet or other communication device

This crime is a felony punishable by imprisonment for up to 15 years.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-1509A.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Rape (definition)

This crime is a felony.

  1. There is no statute of limitations for this crime.
  1. Citation for the crime: Idaho Code § 18-6101.
  2. Citation for the statute of limitations: Idaho Code § 19-401.
Rape (punishment)

This crime is a felony punishable by imprisonment for up to one year and may be extended to life in the discretion of the District Judge sentencing.

  1. There is no statute of limitations for this crime.
  1. Citation for the crime: Idaho Code § 18-6104.
  2. Citation for the statute of limitations: Idaho Code § 19-401.
Male rape (definition)

This crime is a felony.

  1. There is no statute of limitations for this crime.
  1. Citation for the crime: Idaho Code § 18-6108.
  2. Citation for the statute of limitations: Idaho Code § 19-401.
Male rape (punishment)

This crime is a felony punishable by imprisonment for up to one year, and can be extended to life.

  1. There is no statute of limitations for this crime.
  1. Citation for the crime: Idaho Code § 18-6109.
  2. Citation for the statute of limitations: Idaho Code § 19-401.
Disseminating material harmful to others

This crime is a misdemeanor punishable by imprisonment for up to one year and/or by a fine up to $1,000.

  1. A case must be brought against offender within one year after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-1515.
  2. Citation for the statute of limitations: Idaho Code § 19-403.
Sexual contact with a prisoner or juvenile offender

This crime is a felony punishable by imprisonment for a term up to life.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-6110.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Incest

This crime is a felony punishable by imprisonment for a term up to life.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-6602.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Forcible sexual penetration by use of foreign object

This crime is a felony punishable by imprisonment by a term up to life.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-6608.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Crime of video voyeurism

This crime is a felony.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 18-6609.
  2. Citation for the statute of limitations: Idaho Code § 19-402.
Transfer of bodily fluid which may contain the HIV virus

This crime is a felony punishable by imprisonment for up to 15 years and/or a fine up to $5,000.

  1. A case must be brought against offender within five years after commission of the offense.
  1. Citation for the crime: Idaho Code § 39-608.
  2. Citation for the statute of limitations: Idaho Code § 19-402.

Are there any exceptions to the statute of limitations laws?
Idaho ^
  • None specified.
Anything else I should know?
Idaho ^
  • Idaho Code § 19-404. Absence of defendant from state
    • If the defendant is out of the state when the offense is committed, the indictment may be found within the limitations period after his coming within the state, and no time during which the defendant is not an inhabitant or resident of the state is included in the limitations period.
  • Idaho Code § 19-406. Commencement of prosecutions for sexual exploitation by medical care provider
    • For a prosecution under § 18-919, within two years after commission of the offense.





Illinois What is the statute of limitations? Statutory Citation(s):
Criminal sexual assault

This crime is a Class 1 felony, or if a second or subsequent offense, a Class X felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense; and
  2. For this felony, within 10 years after commission of the offense, so long as victim reported the offense to law enforcement authorities within 3 years after commission of the offense; or
  3. If victim was under 18 at the time of commission of the offense, within 20 years after child victim attains the age of 18.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-1.20.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5 and 720 Ill. Comp. Stat. § 5/3-6(i) and (j).
Aggravated criminal sexual assault

This crime is a Class X felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense; and
  2. For this felony, within 10 years after commission of the offense, so long as victim reported the offense to law enforcement authorities within 3 years after commission of the offense; or
  3. If victim was under 18 at the time of commission of the offense, within 20 years after child victim attains the age of 18.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-1.30.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5 and 720 Ill. Comp. Stat. § 5/3-6(i) and (j).
Predatory criminal sexual assault of a child (victim under the age of 13)

This crime is a Class X felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, within 20 years after child victim attains the age of 18.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-1.40.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5 and 720 Ill. Comp. Stat. § 5/3-6(j).
Criminal sexual abuse

The classification of this crime depends on the following:

  • Class A misdemeanor if offender is under 17 and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 but under 17; or
  • Class A misdemeanor if offender commits an act of sexual penetration or sexual conduct with a victim who was at least 13 but under 17, and offender was less than five years older than the victim; or
  • Class 4 felony if offender commits an act of sexual conduct by the use or threat of force; or
  • Class 4 felony if offender knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or
  • Class 2 felony if offender is convicted more than once of committing an act of sexual conduct by the use or threat of force or if offender knew that the victim was unable to give knowing consent.

The statute of limitations depends upon the classification of the crime, detailed above. 

  1. If a felony, legal proceedings against the offender must commence within 3 years after commission of the offense; or
  2. If a felony and victim was under 18 at the time of commission of the offense, then legal proceedings against the offender must commence within 20 years after child victim attains the age of 18; or
  3. If a misdemeanor, within 18 months after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-1.50.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Aggravated criminal sexual abuse

This crime is a Class 2 felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense; and
  2. For this felony, within 10 years after commission of the offense, so long as victim reported the offense to law enforcement authorities within 3 years after commission of the offense; or
  3. If victim was under 18 at the time of commission of the offense, within 20 years after child victim attains the age of 18.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-1.60.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5 and 720 Ill. Comp. Stat. § 5/3-6(i) and (j).
Indecent solicitation of a child (by a person 17 years of age or older)

The classification of this crime depends on the following:

  • Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;
  • Class 2 felony when the act, if done, would be criminal sexual assault;
  • Class 3 felony when the act, if done, would be aggravated criminal sexual abuse; and
  • Class 4 felony if the offender discusses an act of sexual conduct or sexual penetration with a child or person whom the offender believes is a child by means of the Internet.

The statute of limitations depends upon the classification of the crime, detailed above. 

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense; or
  2. A prosecution for indecent solicitation of a child or exploitation of a child may be commenced within 1 year of the victim attaining the age of 18 years. However, in no case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-6.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5 and 720 Ill. Comp. Stat. § 5/3-6(d).
Indecent solicitation of an adult

The classification of this crime depends on the following:

  • Class X felony if the offender arranges for a person age 17 or over to commit an act of sexual penetration with a person under the age of 13;
  • Class 1 felony when the victim of the sexual penetration is over 13 but under the age of 17;
  • Class 2 felony if the offender arranges for a person age 17 or over to commit an act of sexual conduct with a person under the age of 13; and
  • Class A misdemeanor if the victim of the sexual conduct is over 13 but under the age of 17.

The statute of limitations depends upon the classification of the crime, detailed above. 

  1. If a felony, legal proceedings against the offender must commence within 3 years after commission of the offense; or
  2. If a misdemeanor, within 18 months after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-6.5.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Solicitation to meet a child

This crime is a Class 4 felony if the offender believes he or she is 5 or more years older than the child. Otherwise, this crime is a Class A misdemeanor. 

  1. If a felony, legal proceedings against the offender must commence within 3 years after commission of the offense; or
  2. If a misdemeanor, within 18 months after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-6.6.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Sexual exploitation of a child

This crime is a Class 4 felony if the offender has been previously convicted of a sex offense, the victim was under the age of 13 at the time of the offense, or the violation is committed on or within 500 feet of elementary or secondary school grounds when children are present. Otherwise, this crime is a Class A misdemeanor.

  1. If a felony, legal proceedings against the offender must commence within 3 years after commission of the offense; or
  2. A prosecution for indecent solicitation of a child or exploitation of a child may be commenced within 1 year of the victim attaining the age of 18 years. However, in no case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.
  3. If a misdemeanor, legal proceedings against the offender must commence within 18 months after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-9.1.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5 and 720 Ill. Comp. Stat. § 5/3-6(d).
Permitting sexual abuse of a child

This crime is a Class 1 felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-9.1A.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Custodial sexual misconduct

This crime is a Class 3 felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-9.2.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Sexual misconduct with a person with a disability

This crime is a Class 3 felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-9.5.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Sexual relations within families

This crime is a Class 3 felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-11.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Grooming

This crime is a Class 4 felony.

  1. For all felonies, legal proceedings against the offender must commence within 3 years after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-25.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Criminal transmission of HIV

This crime is a Class 2 felony.

  1. Legal proceedings against the offender must commence within 3 years after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/12-5.01.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.
Traveling to meet a minor (or luring for the purposes of engaging in any sex offense)

This crime is a Class 3 felony.

  1. Legal proceedings against the offender must commence within 3 years after commission of the offense.
  1. Citation for the crime: 720 Ill. Comp. Stat. § 5/11-26.
  2. Citation for the statute of limitations: 720 Ill. Comp. Stat. § 5/3-5.

Are there any exceptions to the statute of limitations laws?
Illinois ^
  • 720 ILCS § 5/3-5 General limitations
    • (a)(2) No limit for any offense involving sexual conduct or sexual penetration in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after commission of the offense and the identity of the offender is unknown after a diligent investigation by law enforcement authorities; applies if:
      • Victim reported the offense to law enforcement authorities within 3 years after commission of the offense unless a longer period for reporting the offense is provided in § 5/3-6, or
      • Victim is murdered during the course of the offense or within 2 years after commission of the offense.
Anything else I should know?
Illinois ^
  • 720 ILCS § 5/3-6 Extended limitations
    • Except as otherwise provided in 720 ILCS § 5/3-6 (j), for any offense involving sexual conduct or sexual penetration where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within 1 year after the discovery of the offense by the victim.
  • 720 ILCS § 5/3-7 Periods excluded from limitation
    • The period within which a prosecution must be commenced does not include any period in which:
      • (a) the defendant is not usually and publicly resident within the state.
      • 720 Ill. Comp. Stat. §§ 5/11-1.20-1.60 are current through January 1, 2016.





Indiana What is the statute of limitations? Statutory Citation(s):
Promotion of human trafficking; sexual trafficking of a minor; human trafficking

The classification of this crime depends on the following:

  • (a) Level 4 felony if offender, by force, threat of force, or fraud, knowingly or intentionally recruits, harbors or transports another person to force the other person into marriage, prostitution or participating in sexual conduct;
  • (b) Level 3 felony if offender knowingly or intentionally recruits, harbors, or transports (1) a child less than 18 with the intent of inducing or causing the child to engage in prostitution of a performance or incident that includes sexual conduct; or (2) a child less than 16 with the intent of inducing or causing the child to engage in prostitution or participate in sexual conduct;
  • (c) Level 2 felony if an offender who is at least 18 knowingly or intentionally sells or transfers custody of a child less than 18 for the purpose of prostitution or participating in sexual conduct; or
  • (d) Level 5 felony if offender knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the offender knows has been forced into prostitution.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; or
  2. A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.
  1. Citation for the crime: Ind. Code § 35-42-3.5-1.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Rape

The classification of this crime depends on the following:

  • Level 3 felony if offender knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct when victim is compelled by force or imminent threat of force, victim is unaware that sexual intercourse is occurring, or victim is so mentally disabled or deficient that consent to sexual intercourse cannot be given; or
  • Level 1 felony if, along with description above:
    • The rape is committed by using or threatening the use of deadly force or while armed with a deadly weapon
    • The rape results in serious bodily injury to someone other than perpetrator, or
    • Commission of the rape is facilitated by furnishing the victim, without victim’s knowledge, with a drug or controlled substance, or knowing that victim was furnished with a drug or controlled substance without victim’s knowledge.

The statute of limitations for this crime depends upon the crime's classification, detailed above.

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; or
  2. A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.
  1. Citation for the crime: Ind. Code § 35-42-4-1.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Child molesting
  • Level 3 felony if perpetrator performs or submits to sexual intercourse or other sexual conduct (as defined in Ind. Code § 35-31.5-2-221.5) with a child under 14
  • Level 1 felony if, along with description above:
    • Offender is at least 21;
    • The offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
    • It results in serious bodily injury;
    • Commission of the offense is facilitated by furnishing the victim, without victim’s knowledge, with a drug or controlled substance, or knowing that victim was furnished with a drug or controlled substance without victim’s knowledge; or
    • It results in the transmission of a dangerous sexually transmitted disease and the person knew that the person was infected with the disease.
  • Level 4 felony if perpetrator performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child (under 14) or the older person
  • Level 2 felony if, along with description above:
    • The offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon; or
    • Commission of the offense is facilitated by furnishing the victim, without victim’s knowledge, with a drug or controlled substance, or knowing that victim was furnished with a drug or controlled substance without victim’s knowledge.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; or
  2. A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time; but
  3. The prosecution must be commenced before victim reaches 31 years of age.
  1. Citation for the crime: Ind. Code § 35-42-4-3.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Child Exploitation

The classification for this crime depends upon the following: 

  • Level 5 felony for:
    • Knowingly or intentionally manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age; or
    • Knowingly or intentionally disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age; or
    • Knowingly or intentionally makes a computer available to another person that contains matter that depicts or describes sexual conduct by a child less than 18; or
    • With the intent to satisfy or arouse the sexual desires of any person, knowingly or intentionally managing, producing, sponsoring, exhibiting, disseminating (or offering to disseminate or exhibit) etc. any performance or incident that includes the uncovered genitals of a child less than 18, or exhibiting the female breast with less than a fully opaque covering of any part of the nipple of a child less than 18, or making available to another person a computer, knowing that the computer contains the above described matter.
  • Level 6 felony for intentional possession of materials that depict or describe sexual conduct by a child under 18 or looks to be less than 18, and that lacks serious literary, artistic, political, or scientific value.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense.
  1. Citation for the crime: Ind. Code § 35-42-4-4.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Vicarious sexual gratification; fondling in the presence of a minor.

The classification for this crime depends upon the following: 

  • Level 5 felony for an offender 18 or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of 16 to touch or fondle himself or another child under the age of 16 with intent to arouse or satisfy the sexual desires of a child or the older person;
  • Level 4 felony if a child involved in the offense is under the age of 14;
  • Level 3 felony if the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon; or the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge or if it results in serious bodily injury;
  • Level 4 felony if a person 18 years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age 16 to:
    • Engage in sexual intercourse with another child under 16 years of age;
    • Engage in sexual conduct with an animal other than a human being; or
    • Engage in other sexual conduct with another person; all with intent to arouse or satisfy the sexual desires of a child or the older person.
  • Level 3 felony if any child involved in the offense is less than 14 years of age, and it is a Level 2 felony if the offense is committed by using or threatening the use of deadly force, if it is committed while armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge;
  • Level 6 felony if a person 18 years of age or older who knowingly or intentionally:
    • Engages in sexual intercourse;
    • Engages in other sexual conduct; or
    • Touches or fondles the person's own body in the presence of a child less than 14 years of age with the intent to arouse or satisfy the sexual desires of the child or the older person.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; or
  2. A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time; but
  3. The prosecution must be commenced before victim reaches 31 years of age.
  1. Citation for the crime: Ind. Code § 35-42-4-5.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Child solicitation

The classification for this crime depends upon the following: 

  • Level 5 felony if a person age 18 or older knowingly or intentionally commands, authorizes, urges, incites, requests or advises an individual under the age of 14 to perform (1) sexual intercourse, (2) other sexual conduct, or (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person. Level 4 felony if the crime is committed by using a computer network (as defined in § 35-43-2-3) and travels to meet the child, or the offender has a previous unrelated conviction for an offense under this section
  • Level 5 felony if a person age 21 or older knowingly or intentionally commands, authorizes, urges, incites, requests or advises an individual at least 14 years old but less than 16 years old (or a person the offender believes to be between 14 years old and 16 years old) to perform (1) sexual intercourse, (2) other sexual conduct, or (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person. Level 4 felony if the crime is committed by using a computer network (as defined in § 35-43-2-3) and travels to meet the child, or the offender has a previous unrelated conviction for an offense under this section.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; but
  2. The prosecution must be commenced before victim reaches 31 years of age.
  1. Citation for the crime: Ind. Code § 35-42-4-6.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Child seduction
  • Level 6 felony if the offender is 18 or older and is the guardian, adoptive parent, adoptive grandparent, custodian, stepparent, child care worker, or person with professional relationship with the child who may exert undue influence on the child because of the relationship and uses or exerts the relationship to engage in sexual conduct or fondling with the child, or a law enforcement officer who is at least 5 years older than the child, the child being at least 16 years old but less than 18, and the offender engages in fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the offender.
  • Level 5 felony if the offender described above engages with the child in sexual intercourse or other sexual conduct.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; but
  2. The prosecution must be commenced before victim reaches 31 years of age.
  1. Citation for the crime: Ind. Code § 35-42-4-7.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Sexual battery

The classification for this crime depends upon the following: 

  • Level 6 felony if perpetrator, with intent to arouse or satisfy perpetrator’s own sexual desires or the sexual desires of another:
    • Touches victim when victim is compelled to submit to the touching by force or the imminent threat of force or so mentally disabled or deficient that consent to the touching cannot be given; or
    • Touches another person’s genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring.
  • Level 4 felony if, along with description above, offense is committed the by using or threatening the use of deadly force or while armed with a deadly weapon, or if commission of the offense is facilitated by furnishing the victim, without victim’s knowledge, with a drug or controlled substance, or knowing that victim was furnished with a drug or controlled substance without victim’s knowledge

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense.
  1. Citation for the crime: Ind. Code § 35-42-4-8.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Sexual misconduct with a minor

The classification for this crime depends upon the following:

  • Level 5 felony if a person at least 18 performs or submits to sexual intercourse or other sexual conduct with a child at least 14 but less than 16, but:
    • Level 4 felony if perpetrator is at least 21; or
    • Level 1 felony if offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon, if it results in serious bodily injury or if commission of the offense is facilitated by furnishing the victim, without victim’s knowledge, with a drug or controlled substance, or knowing that victim was furnished with a drug or controlled substance without victim’s knowledge
  • Level 6 felony if a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16, but:
    • Level 5 felony if perpetrator is at least 21; or
    • Level 2 felony if offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon, or if commission of the offense is facilitated by furnishing the victim, without victim’s knowledge, with a drug or controlled substance, or knowing that victim was furnished with a drug or controlled substance without victim’s knowledge.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; or
  2. A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.
  1. Citation for the crime: Ind. Code § 35-42-4-9.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Incest (Applies to offenders age 18 or older)
  • Level 5 felony if offender engages in sexual intercourse or other sexual conduct with another person, when the person knows that the other person is related to the person biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew and the victim is over 16.
  • If under 16, a Level 4 felony for engaging in sexual intercourse or other sexual conduct and as a result commits incest.
  • Marriage is a defense.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014), within five years after commission of the offense; but
  2. The prosecution must be commenced before victim reaches 31 years of age.
  1. Citation for the crime: Ind. Code § 35-46-1-3.
  2. Citation for the statute of limitations: Ind. Code § 35-41-4-2.
Failure of carriers of dangerous communicable diseases to warn persons at risk

This statute has been repealed.

This statute has been repealed.


Are there any exceptions to the statute of limitations laws?
Indiana ^
  • Ind. Code § 35-41-4-2 Periods of limitation:
    • A prosecution for a Class B or Class C felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014) that would otherwise be barred under this section may be commenced within 1 year after the earlier of the date on which the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis, or the date on which the state could have discovered evidence sufficient to charge the offender with the offense through DNA analysis by the exercise of due diligence.
Anything else I should know?
Indiana ^
  • The period within which a prosecution must be commenced does not include any period in which:
    • The accused person is not usually and publicly resident in the state or so conceals himself or herself that process cannot be served; or
    • The accused person conceals evidence of the offense, and evidence sufficient to charge the person with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence.





Iowa What is the statute of limitations? Statutory Citation(s):
Sexual abuse, first degree

This crime is a Class A felony.

  1. For sexual abuse in the first, second, or third degree committed on or with a person under 18, within 10 years after victim attains 18 years of age; or
  2. For any other sexual abuse in the first, second, or third degree, within 10 years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.2.
  2. Citation for the statute of limitations: Iowa Code § 802.2.
Sexual abuse, second degree

This crime is a Class B felony.

  1. For sexual abuse in the first, second, or third degree committed on or with a person under 18, within 10 years after victim attains 18 years of age; or
  2. For any other sexual abuse in the first, second, or third degree, within 10 years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.3.
  2. Citation for the statute of limitations: Iowa Code § 802.2.
Sexual abuse, third degree

This crime is a Class C felony.

  1. For sexual abuse in the first, second, or third degree committed on or with a person under 18, within 10 years after victim attains 18 years of age; or
  2. For any other sexual abuse in the first, second, or third degree, within 10 years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.4.
  2. Citation for the statute of limitations: Iowa Code § 802.2.
Lascivious acts with a child

This crime is a class C felony if a person 16 or over fondles or touches the pubes or genitals of a child, or permits or causes a child to fondle or touch the person’s genitals or pubes, or causes the touching of the person’s genitals to any part of the body of a child, with or without the child’s consent, unless married to each other.

Otherwise, this crime is a class D felony if a person 16 or over solicits a child to engage in a sex act, solicits a person to arrange a sex act with a child, or inflicts pain or discomfort upon a child or permits a child to inflict pain or discomfort on the person.

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, legal proceedings against the offender must commence within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.8.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Assault with intent to commit sexual abuse

The classification for this crime depends upon the following: 

  • Class C felony if the person who commits an assault with the intent to commit sexual abuse thereby causes serious injury to any person; or 
  • Class D felony if the person who commits an assault with the intent to commit sexual abuse thereby causes any person a bodily injury other than a serious injury; or
  • An aggravated misdemeanor if no injury results.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, legal proceedings against the offender must commence within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.11.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Indecent contact with a child

This crime is an aggravated misdemeanor if:

  • The person is 18 or older and fondles or touches the inner thigh, groin, buttock, anus, or breast of the child, touches the clothing covering the immediate area of these areas, solicits or permits a child to fondle or touch these areas of the person, or solicits a child to engage in any act prohibited by Section 709.8(1)(a),709.8(1)(b), or 709.8(1)(e).
  • The person is 16 or 17 and commits any of these acts with a child who is at least 5 years younger.

The statute of limitations for any felony, aggravated misdemeanor, or serious misdemeanor, legal proceedings against the offender must commence within three years after commission of the offense.

  1. Citation for the crime: Iowa Code § 709.12.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Lascivious conduct with a minor

This crime is a serious misdemeanor if a person over 18 who is in a position of authority over a minor to force, persuade, or coerce a minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual desires of either of them.

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, legal proceedings against the offender must commence within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.14.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Sexual exploitation by a counselor, therapist, or school employee

The classification for this crime depends upon the following: 

  • Class D felony if there is pattern or scheme of sexual conduct by a counselor or therapist with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the emotionally dependent patient or client or emotionally dependent former patient or client including kissing and touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals, or a sex act, within one year after the termination of the provision of mental health services by the counselor or therapist; or 
  • Aggravated misdemeanor if there is any sexual conduct by a counselor or therapist with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the emotionally dependent patient or client or emotionally dependent former patient or client including kissing and touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals, or a sex act; or
  • Serious misdemeanor if there is any sexual conduct by a counselor or therapist with a patient or client or former patient or client within one year of the termination of the provision of mental health services by the counselor or therapist for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the emotionally dependent patient or client or emotionally dependent former patient or client including kissing and touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals, or a sex act; or
  • Class D felony if there is a pattern or scheme of sexual conduct by a school employee with a student for the purpose of arousing or satisfying the sexual desires of the school employee or the student including kissing, touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals, or a sex act; or
  • Aggravated misdemeanor if there is any sexual conduct by a school employee with a student for the purpose of arousing or satisfying the sexual desires of the school employee or the student including kissing, touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals, or a sex act.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, legal proceedings against the offender must commence within three years after commission of the offense; or
  2. For sexual exploitation by a counselor, therapist, or school employee committed on or with a victim under 18, within 10 years after victim attains 18 years of age; or
  3. For any other sexual exploitation by a counselor, therapist, or school employee, within 10 years after victim was last treated by the counselor or therapist, or within 10 years after victim was enrolled in or attended the school.
  1. Citation for the crime: Iowa Code § 709.15.
  2. Citation for the statute of limitations: Iowa Code § 802.2A.
Sexual misconduct with offenders and juveniles

This crime is an aggravated misdemeanor.

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, legal proceedings against the offender must commence within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.16.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Incest

This crime is a Class D felony.

  1. For incest committed on or with a victim under 18, within 10 years after victim attains 18 years of age; or
  2. For any other incest, within 10 years after commission of the offense.
  1. Citation for the crime: Iowa Code § 726.2.
  2. Citation for the statute of limitations: Iowa Code § 802.2A.
Sexual exploitation of a minor

This crime is a Class C felony if a person employs, uses, persuades, induces, entices, coerces, solicits, knowingly permits, or otherwise causes or attempts to cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act. The person must know, or have reason to, or intend that the act or simulated act may be photographed, filmed, or otherwise preserved.

Aggravated misdemeanor where person knowingly promotes or purchases or possesses any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act, and a Class D felony for a second or subsequent offense.

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, legal proceedings against the offender must commence within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 728.12.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Criminal transmission of HIV

This statute was repealed.

This statute was repealed.

Indecent exposure

This crime is a serious misdemeanor.

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.9.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Invasion of privacy--nudity

This crime is a serious misdemeanor.

  1. For any felony, aggravated misdemeanor, or serious misdemeanor, within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 709.21.
  2. Citation for the statute of limitations: Iowa Code § 802.3.
Sexual exploitation of a minor

This crime is classified as follows:

  • Class C felony to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor to engage in a prohibited sexual act or the simulation of a prohibited sexual act with intent, knowledge or reason to know that the act or simulated act may be photographed, filmed or otherwise preserved in a visual depiction;
  • Class D Felony to knowingly promote any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act. Court may also assess a fine of $25,000.00 for each offense;
  • Class D felony to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act.

The statute of limitations for this crime depends upon the crime's classification, detailed above. 

  1. For sexual exploitation by a counselor, therapist, or school employee committed on or with a victim under 18, within 10 years after victim attains 18 years of age; or
  2. For any other sexual exploitation by a counselor, therapist, or school employee, within 10 years after victim was last treated by the counselor or therapist, or within 10 years after victim was enrolled in or attended the school; or
  3. For any felony, aggravated misdemeanor, or serious misdemeanor, within three years after commission of the offense.
  1. Citation for the crime: Iowa Code § 728.12.
  2. Citation for the statute of limitations: Iowa Code § 802.2A and 802.3.

Are there any exceptions to the statute of limitations laws?
Iowa ^
  • Iowa Code § 802.2. Sexual abuse—first, second, or third degree
    • For all sexual abuse in the first, second, or third degree, within the later of (i) three years after the date the identity of the accused is established through the use of a DNA profile or (ii) the period set forth in the prior column, whichever is later.
  • Iowa Code § 802.10. DNA profile of accused
    • An indictment or information may be pursued against only the DNA profile of the person sought, if the DNA profile has not yet identified a named individual.  This action tolls the limitation of an action under Iowa Code § 802.3.  However, an indictment or information must be found against a person within three years from the date the person is identified by the person’s DNA profile.
Anything else I should know?
Iowa ^
  • Iowa Code § 802.6. Periods excluded from limitation.
    • When a person leaves the state, the indictment or information may be found within the limitation periods set forth above after the person’s coming into the state, and no period during which the party charged was not publicly resident within the state is a part of the limitation.
    • The time within which an indictment or information must be found shall not include the time during which the defendant is a public officer or employee and the offense arises from misconduct relating to the duties and trust of that office or employment.





Kansas What is the statute of limitations? Statutory Citation(s):
Rape

This crime is a Severity level 1 crime, if: 

  • Victim is overcome by force or fear; or
  • Victim is unconscious or physically powerless; or
  • Victim is incapable of giving consent because of mental deficiency or disease; or 
  • Victim is incapable of giving consent because of the effect of any alcohol , narcotic drug or other substance, which condition was known or reasonably apparent to offender; or
  • Victim was under 14 years of age.

This crime is an Off-Grid felony if rape occurs between a victim under the age of 14 and a perpetrator 18 years of age or above.

This crime is a Severity level 2 crime, if:

  • Victim’s consent was obtained through a knowing misrepresentation made by offender that the sexual intercourse was a medically or therapeutically necessary procedure, or
  • Through a knowing misrepresentation made by offender that the sexual intercourse was a legally required procedure within the scope of offender’s authority.

The statute of limitations is as follows:

  1. A prosecution for rape or aggravated criminal sodomy may be commenced at any time; or
  2. When the victim is 18 years of age or older prosecution shall be commenced within 10 years; or
  3. When the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age.
  1. Citation for the crime: Kan. Stat. § 21-5503.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107 and 22-3717.
Criminal sodomy; aggravated criminal sodomy

Criminal sodomy is classified as follows:

  • A Class B nonperson misdemeanor if sodomy occurs between persons who are 16 or more years of age and members of the same sex, or between a person and an animal; or
  • A severity level 3, person felony if sodomy occurs with a child who is 14 or above but less than 16, or if the perpetrator causes a child 14 or above but less than 16 to engage in sodomy with any person or animal.

Aggravated criminal sodomy is classified as follows:

  • Severity level 1, person felony if (i) sodomy is with a child who is under 14 years of age, (ii) if the offender causes a child under the age of 14 to engage in sodomy with any person or animal or (iii) sodomy is with a victim who does not consent to the sodomy or causes the victim, without the victim’s consent, to engage with any person or animal under any of the following circumstances: victim is overcome by force or fear; victim is unconscious or physically powerless; victim is incapable of giving consent because of mental deficiency or disease; or victim is incapable of giving consent because of the effect of any alcohol, narcotic drug or other substance, which condition was known or reasonably apparent to offender; or
  • Off-grid person felony if perpetrator is 18 or above.

The statute of limitations is as follows:

  1. A prosecution for rape or aggravated criminal sodomy may be commenced at any time; or
  2. When the victim is 18 years of age or older prosecution shall be commenced within 10 years; or
  3. When the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age.
  1. Citation for the crime: Kan. Stat. § 21-5504.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107 and 22-3717.

Note: This statute was found unconstitutional and unenforceable in State v. Franco, 49 Kan. App. 2d 924, 934-35, 319 P.3d 551, 558 (2014), review denied (Apr. 29, 2015), and new legislation is being proposed. It has not, however, been repealed.

Sexual battery; aggravated sexual battery

Sexual battery is a Class A person misdemeanor. Aggravated sexual battery is a severity level 5, person felony.

The statute of limitations is as follows:

  1. For aggravated sexual battery, when the victim is 18 years of age or older prosecution shall be commenced within 10 years; or
  2. For aggravated sexual battery, when the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age; otherwise
  3. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5505.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107 and 22-3717.
Indecent liberties with a child; aggravated indecent liberties with a child

Indecent liberties with a child is a severity level 5, person felony.

Aggravated indecent liberties with a child is classified as follows:

  • Severity level 3, person felony if sexual intercourse occurs with a child 14 or more years of age but less than 16; or
  • Off-grid person felony if perpetrator is 18 or above; or
  • Severity level 3, person felony if perpetrator commits any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or solicits the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender, or another; or 
  • Severity level 4 if perpetrator commits the following without consent of the child 14 or more years of age but less than 16: any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both or causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.

The statute of limitations is as follows:

  1. When the victim is 18 years of age or older prosecution shall be commenced within 10 years; or
  2. When the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age.
  1. Citation for the crime: Kan. Stat. § 21-5506.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107 and 22-3717.
Unlawful voluntary sexual relations

Severity Level 8 person felony when engaging in voluntary sexual intercourse with a child who is 14 or more but less than 16, the offender is less than 19, the offender is less than four years older than the child, the child and offender are the only parties involved, and when the child and the offender are members of the opposite sex.

Severity Level 9 person felony when engaging in voluntary sodomy with a child who is 14 or more but less than 16, the offender is less than 19, the offender is less than four years older than the child, the child and offender are the only parties involved, and when the child and the offender are members of the opposite sex.

Severity Level 10 person felony when engaging in voluntary lewd fondling or touching with a child who is 14 or more but less than 16, the offender is less than 19, the offender is less than four years older than the child, the child and offender are the only parties involved, and when the child and the offender are members of the opposite sex.

  1. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5507.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107.

Note: This statute was held unconstitutional by State v. Limon, 280 Kan. 275, 122 P.3d 22 (2005) and there is newly proposed legislation.

Indecent solicitation of a child; aggravated indecent solicitation of a child

This crime is a severity level 6 person felony when child of over 14 but less than 16 is enticed, commanded, invited, persuaded, to commit or submit to an unlawful sexual at, or enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.

It is a level 5 person felony when it is aggravated.

  1. When the victim is 18 years of age or older prosecution shall be commenced within 10 years; or
  2. When the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age; otherwise
  3. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5508.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107 and 22-3717.
Electronic solicitation

This crime is a severity level 1 person felony if the offender believes the person to be a child under 14 and a severity level 3 person felony if the offender believes the person to be a child 14 or over but less than 16. 

  1. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5509.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107.
Sexual exploitation of a child

This crime is a severity level 5, person felony.

  1. When the victim is 18 years of age or older prosecution shall be commenced within 10 years; or
  2. When the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age; otherwise
  3. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5510.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107 and 22-3717.
Unlawful sexual relations

This is a severity level 4 or 5 person felony.

  1. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5512.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107.
Incest; aggravated incest

Incest is a severity level 10, person felony. Aggravated incest is a severity level 5, person level felony if it involves sexual intercourse or sodomy, severity level 3, person felony if the victim is the offender’s biological, step or adoptive child; or a severity level 7, person felony if it involves lewd touching. 

  1. When the victim is 18 years of age or older prosecution shall be commenced within 10 years; or
  2. When the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age; otherwise
  3. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5604.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107.
Exposing another to a life threatening communicable disease

This is a severity level 7 person felony.

The statute of limitations for this crime is as follows:

  1. Five years after the crime is committed.
  1. Citation for the crime: Kan. Stat. § 21-5424.
  2. Citation for the statute of limitations: Kan. Stat.§ 21-5107.

Are there any exceptions to the statute of limitations laws?
Kansas ^
  • Kan. Stat.§ 21-5107 Time limitations for commencement of prosecutions.
    • For any sexually violent offense as defined in   § 22-3717, within the later of 1 year after the date the identity of the accused is established through the use of DNA or the period set forth in the prior column, whichever is later
Anything else I should know?
Kansas ^
  • State v. Bentley, 1986, 239 Kan. 334, 721 P.2d 227:
    • Threat by uncle who allegedly sexually abused nine-year-old niece that if she told anybody, he would "try to do it again" did not constitute "concealment" thus excepting crime from two-year criminal statute of limitations.
  • State v. Donham, 2001, 24 P.3d 750, 29 Kan.App.2d 78:
    • Because sexual exploitation of a child, by possessing material depicting a child engaged in sexually explicit conduct, requires a specific intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender, the child or another, that crime is not a "continuing offense."
  • The period within which a prosecution must be commenced shall not include any period in which:
    • the accused is absent from the state;
    • the accused is concealed within the state so that process cannot be served upon the accused;
    • the fact of the crime is concealed;
    • a prosecution is pending against the defendant for the same conduct;
    • an administrative agency is restrained by court order from investigating or otherwise proceeding on a matter before it;
    • whether or not the fact of the crime is concealed by the active act or conduct of the accused, there is substantially competent evidence to believe two or more of the following factors are present:
      • The victim was a child under 15 years of age at the time of the crime;
      • the victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime;
      • the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the crime whether or not the parent or other legal authority is the accused; and
      • there is substantially competent expert testimony indicating the victim psychologically repressed such witness' memory of the fact of the crime, and in the expert's professional opinion the recall of such memory is accurate and free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint or information but in no event may a prosecution be commenced as provided in this section later than the date the victim turns 28 years of age.





Kentucky What is the statute of limitations? Statutory Citation(s):
Rape, first degree

This crime is a Class A felony if victim is under 12 or suffers serious physical injury. Otherwise, it is a Class B felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.040.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Rape, second degree

This crime is a Class C felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.050.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Rape, third degree

This crime is a Class D felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.060.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sodomy, first degree

This crime is a Class A felony if victim is under 12 or suffers serious physical injury. Otherwise, it is a Class B felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.070.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sodomy, second degree

This crime is a Class C felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.080.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sodomy, third degree

This crime is a Class D felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.090.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sodomy, fourth degree

Note: Commonwealth of Kentucky v. Wasson, 842 S.W.2d 487 (Ky. Sep 24, 1992)

  • This crime was held unconstitutional;
  • Criminal statute proscribing consensual homosexual sodomy violates right of privacy and of equal protection guaranteed by Kentucky Constitution.

This crime is a Class A misdemeanor.

  1. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense; or
  2. For a misdemeanor offense under § 510 when the victim is under 18 at the time of the offense, the prosecution of the offense shall be commenced within five years after the victim attains the age of 18 years.
  1. Citation for the crime: Ky. Rev. Stat. § 510.100.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sexual abuse, first degree

Sexual abuse in the first degree is a Class D felony, unless the victim is less than twelve (12) years old, in which case the offense shall be a Class C felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.110.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sexual abuse, second degree

This crime is a Class A misdemeanor.

  1. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense; or
  2. For a misdemeanor offense under § 510 when the victim is under 18 at the time of the offense, the prosecution of the offense shall be commenced within five years after the victim attains the age of 18 years.
  1. Citation for the crime: Ky. Rev. Stat. § 510.120.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sexual abuse, third degree

This crime is a Class B misdemeanor.

  1. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense; or
  2. For a misdemeanor offense under § 510 when the victim is under 18 at the time of the offense, the prosecution of the offense shall be commenced within five years after the victim attains the age of 18 years.
  1. Citation for the crime: Ky. Rev. Stat. § 510.130.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Sexual misconduct

This crime is a Class A misdemeanor.

  1. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense; or
  2. For a misdemeanor offense under § 510 when the victim is under 18 at the time of the offense, the prosecution of the offense shall be commenced within five years after the victim attains the age of 18 years.
  1. Citation for the crime: Ky. Rev. Stat. § 510.140.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Indecent Exposure, first degree

This crime is classified as a: 

  • Class B misdemeanor for the first offense;
  • Class A misdemeanor for the second offense, if it was committed within three (3) years of the first conviction;
  • Class D felony for the third offense, if it was committed within three (3) years of the second conviction; and
  • Class D felony for any subsequent offense, if it was committed within three (3) years of the prior conviction.

The statute of limitations for this crime depends on the crime's classification. See above for further detail.

  1. There is no statute of limitations for any felony.
  2. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense; or
  3. For a misdemeanor offense under § 510 when the victim is under 18 at the time of the offense, the prosecution of the offense shall be commenced within five years after the victim attains the age of 18 years.
  1. Citation for the crime: Ky. Rev. Stat. § 510.148.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Indecent Exposure, second degree

This crime is a Class B misdemeanor.

  1. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense; or
  2. For a misdemeanor offense under § 510 when the victim is under 18 at the time of the offense, the prosecution of the offense shall be commenced within five years after the victim attains the age of 18 years.
  1. Citation for the crime: Ky. Rev. Stat. § 510.150.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Unlawful use of electronic means to induce a minor to engage in sexual activities

This crime is a Class D felony.

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 510.155.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Incest

This crime is classified as:

  • Class C felony if the act is committed by consenting adults.
  • Class B felony if committed:
    • By forcible compulsion or
    • On a victim who is less than eighteen (18) years of age; or incapable of consent because he or she is physically helpless or mentally incapacitated
  • Class A felony if:
    • Committed on a victim less than twelve (12) years of age; or
    • The victim receives serious physical injury

The statute of limitations for this crimes is as follows:

  1. There is no statute of limitations for any felony.
  1. Citation for the crime: Ky. Rev. Stat. § 530.020.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Voyeurism

This crime is a Class A misdemeanor.

  1. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense.
  1. Citation for the crime: Ky. Rev. Stat. § 531.090.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Distribution of obscene matter to minors

This crime is a Class D felony if the offender has previously been convicted of this crime. Otherwise, this is a Class A misdemeanor.

  1. There is no statute of limitations for any felony.
  2. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense.
  1. Citation for the crime: Ky. Rev. Stat. § 531.030.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.
Video voyeurism

This crime is a Class A misdemeanor.

  1. For any offense other than a felony, legal proceedings against the perpetrator must be brought within one year after commission of the offense.
  1. Citation for the crime: Ky. Rev. Stat. § 531.090.
  2. Citation for the statute of limitations: Ky. Rev. Stat. § 500.050.

Are there any exceptions to the statute of limitations laws?
Kentucky ^
  • None specified.
Anything else I should know?
Kentucky ^

N/A






Louisiana What is the statute of limitations? Statutory Citation(s):
First degree rape

This crime is punishable by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

  1. There is no time limit for any crime for which the punishment may be death or life imprisonment, or for forcible rape.
  1. Citation for the crime: La. Rev. Stat. § 14:42. This statute was amended on August 1, 2015, and what was aggravated rape is now first degree rape.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 571.
Second degree rape

This crime is punishable by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

  1. There is no time limit for any crime for which the punishment may be death or life imprisonment, or for forcible rape.
  1. Citation for the crime: La. Rev. Stat. § 14:42.1. This statute was amended on August 1, 2015, and what was forcible rape is now second degree rape.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 571.
Thrid degree rape

This crime is punishable by imprisonment with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than 25 years.

  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:43.  This statute was amended on August 1, 2015, and what was simple rape is now third degree rape.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572.   
Sexual battery

This crime is punishable by imprisonment with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than 10 years; or if offender was 17 years of age or over and victim was either (i) under 13 years of age, (ii) has paraplegia, quadriplegia,  is otherwise physically incapable of preventing the act or is incapable, through unsoundness of mind, and the offender knew or should have known of the victim’s incapacity or (iii) is 65 years of age or older, punishable by imprisonment at hard labor for not less than 25 nor more than 99 years.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:43.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Second degree sexual battery

This crime is punishable by imprisonment with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than 15 years, or if offender was 17 years of age or over and victim either (i) is under 13 years of age, (ii) has paraplegia, quadriplegia,  is otherwise physically incapable of preventing the act or is incapable, through unsoundness of mind, and the offender knew or should have known of the victim’s incapacity or (iii) is 65 years of age or older, punishable by imprisonment at hard labor for not less than 25 nor more than 99 years.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:43.2.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Oral sexual battery

This crime is punishable by imprisonment with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than 10 years; or if offender was 17 years of age or over and victim was either (i) under 13 years of age, (ii) has paraplegia, quadriplegia,  is otherwise physically incapable of preventing the act or is incapable, through unsoundness of mind, and the offender knew or should have known of the victim’s incapacity or (iii) is 65 years of age or older, punishable by imprisonment at hard labor for not less than 25 nor more than 99 years.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:43.3.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Intentional exposure to AIDS virus

This crime is punishable by fine of not more than $5000, and/or by imprisonment with or without hard labor for not more than 10 years, or if victim was a police officer, punishable by fine of not more than $6000, and/or by imprisonment, with or without hard labor, for not more than 11 years.

  1. For a felony necessarily punishable by imprisonment at hard labor, legal proceedings against the perpetrator must commence within 6 years after commission of the offense; or
  2. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  3. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  4. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:43.5.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 575.
Crime Against Nature

This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:89(A).
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Aggravated Crime Against Humanity

This crime is punishable by fine of not more than $50,000, and/or by imprisonment, with or without hard labor, for not less than 5 years nor more than 20 years. Or, if victim is under the age of 13 when the offender is at least 17 or older, punishable by imprisonment at hard labor for not less than 25 years nor more than 99 years. At least 25 years of the imposed sentence shall be served without benefit or parole, probation, or suspension of sentence. 

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:89.1.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Felony carnal knowledge of a juvenile

This crime is punishable by fine not more than $5000 and/or by imprisonment, with or without hard labor, for not more than 10 years.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:80.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 575; La. Code Crim. Proc. art. 571.1.
Misdemeanor carnal knowledge of a juvenile

This crime is punishable by fine not more than $1000, and/or by imprisonment for not more than 6 months.

  1. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  2. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:80.1.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 575.
Indecent behavior with juveniles

This crime is punishable by fine not more than $5000, and/or by imprisonment with or without hard labor for not more than 7 years. Or, if victim is under 13 and offender is at least 17, punishable by imprisonment at hard labor for not less than 2 nor more than 25 years.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:81.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Molestation of a juvenile

The punishment for this crime depends on the relationship between the perpetrator and the victim.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:81.2.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 572.
Prohibited sexual conduct between educator and student

This crime is punishable by fine of not more than $1000, and/or by imprisonment for not more than 6 months. Or, if second or subsequent offense, punishable by fine of not more than $5000 and by imprisonment, with or without hard labor, for not less than 1 nor more than 5 years.

  1. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  2. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  3. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  4. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:81.4.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 575.
Crime against nature

This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:89.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Pornography involving juveniles

This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:81.1.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Sexting

This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:81.1.1.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.
Computer-aided solicitation of a minor

This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim.

  1. If the offense was committed against a victim under 17, then 30-year time limit to commence legal proceedings against the perpetrator, which begins to run when victim attains the age of 18; or
  2. For a felony necessarily punishable by imprisonment at hard labor, within 6 years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within 4 years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within 2 years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within 6 months after commission of the offense.
  1. Citation for the crime: La. Rev. Stat. § 14:81.3.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572; La. Code Crim. Proc. art. 571.1; La. Code Crim. Proc. art. 575.

Are there any exceptions to the statute of limitations laws?
Louisiana ^
  • La. Code Crim. Proc. art. 572 Limitation of prosecution of noncapital offenses
    • (B)(2) Prosecutions for any sex offense otherwise barred may be commenced within 3 years after the date on which the identity of the suspect is established by DNA testing
Anything else I should know?
Louisiana ^
  • La. Code Crim. Proc. art. 575. Interruption of time limitations:
    • The periods of limitation shall be interrupted when the defendant, for purposes of avoiding detection, apprehension or prosecution, flees from the state, is outside of the state or is absent from his usual place of abode within the state or lacks mental capacity to proceed at trial and is committed.





Maine What is the statute of limitations? Statutory Citation(s):
Gross sexual assault
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime when victim was under 16 at the time of commission of the offense; or
  2. Within 3 years after commission of the offense; or
  3. For class A, class B or class C involving unlawful sexual contact or gross sexual assault, within 8 years after offense committed.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 253.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.
Sexual abuse of minors
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime when victim was under 16 at the time of commission of the offense; or
  2. For class A, class B, or class C crimes, within six years after commission of the offense; or
  3. For class D and class E crimes, within three years after commission of the offense.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 254.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.
Unlawful sexual contact
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime when victim was under 16 at the time of commission of the offense; or
  2. Within 3 years after commission of the offense; or
  3. For class A, class B or class C involving unlawful sexual contact or gross sexual assault, within 8 years after offense committed.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 255-A.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.
Unlawful sexual touching
  1. Legal proceedings against the perpetrator must commence within three years after commission of the offense.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 260.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.
Sexual exploitation of minor
  1. Legal proceedings against the perpetrator must commence within six years after commission of the offense.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 282.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.
Incest
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime when victim was under 16 at the time of commission of the offense; or
  2. Within six years after commission of the offense if a Class C felony; or
  3. Within three years after commission of the offense if a Class D felony.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 556.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.
Indecent Conduct
  1. Legal proceedings against the perpetrator must commence within three years after commission of the offense.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 854.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.
Sexual misconduct with a child under 14

This crime is classified as a:

  • Class C crime if offender is at least 18, victim is under 12, and offender knowingly displays any sexually explicit materials to victim with the intent to encourage victim to engage in a sexual act or sexual conduct; or
  • Class D crime if offender is at least 18, victim is under 14, and offender knowingly displays any sexually explicit materials to victim with the intent to encourage victim to engage in a sexual act or sexual conduct.

The statute of limitations for this crime depends on the classification above. 

  1. Legal proceedings against the perpetrator must commence within six years after commission of the offense if a Class C felony; or
  2. Within three years after commission of the offense if a Class D felony.
  1. Citation for the crime: Me. Rev. Stat. tit. 17-A, § 258.
  2. Citation for the statute of limitations: Me. Rev. Stat. tit. 17-A, § 8.

Are there any exceptions to the statute of limitations laws?
Maine ^
  • None specified.
Anything else I should know?
Maine ^
  • The period of limitations does not run during any time the accused is absent from the State, but in no event shall this provision extend the limitations period by more than 5 years.





Maryland What is the statute of limitations? Statutory Citation(s):
Rape, first degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-303.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Rape, second degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-304.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Sexual offense, first degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-305.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Sexual offense, second degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-306.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Sexual offense, third degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-307.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Sexual offense, fourth degree
  1. If offender is in a position of authority at a school or the victim was a minor at the time of the offense, then prosecution must commence within three years after commission of the offense; or
  2. For other violations of the statute, prosecution must commence within one year after commission of the offense.
  1. Citation for the crime: Md. Code, Crim. Law § 3-308.
  2. Citation for the statute of limitations: Md. Code, Cts. & Jud. Proc. § 5-106; In re Anthony R., 362 Md. 51, 73, 763 A.2d 136, 148 (2000).
Attempted rape, first degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-309.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).    
Attempted rape, second degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-310.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Attempted sexual offense, first degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-311.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Attempted sexual offense, second degree
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-312.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Sexual conduct between correctional or juvenile justice employee and inmate or confined child
  1. Prosecution must commence within one year after commission of the offense.
  1. Citation for the crime: Md. Code, Crim. Law § 3-314.
  2. Citation for the statute of limitations: Md. Code, Cts. & Jud. Proc. § 5-106; In re Anthony R., 362 Md. 51, 73, 763 A.2d 136, 148 (2000).
Continuing course of conduct with child
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-315.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003, 1006 (Md. Sp. App. 1982).
Sodomy
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-321.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Unnatural or perverted sexual practice
  1. There is no time limit for prosecution of this offense .
  1. Citation for the crime: Md. Code, Crim. Law § 3-322.
  2. Citation for the statute of limitations: Md. Code, Crim. Law § 3-322(c); Md. Code, Cts. & Jud. Proc. § 5-106(b).
Incest
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-323.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Sexual solicitation of minors
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-324.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).
Sexual abuse of a minor
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 3-602.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003, 1006 (Md. Sp. App. 1982).
Indecent exposure
  1. Prosecution must commence within one year after commission of the offense.
  1. Citation for the crime: Md. Code, Crim. Law § 11-107.
  2. Citation for the statute of limitations: Md. Code, Cts. & Jud. Proc. § 5-106; In re Anthony R., 362 Md. 51, 73, 763 A.2d 136, 148 (2000).
Knowing transfer of HIV
  1. Prosecution must commence within one year after commission of the offense.
  1. Citation for the crime: Md. Code, Health Gen. § 18-601.1.
  2. Citation for the statute of limitations: Md. Code, Cts. & Jud. Proc. § 5-106; In re Anthony R., 362 Md. 51, 73, 763 A.2d 136, 148 (2000).
Possession of visual representation of child under 16 engaged in certain sexual acts
  1. For the offender’s first offense, prosecution must commence within one year after commission of the crime; or
  2. If the offender has a prior conviction for this crime, then there is no time limit to commence legal proceedings against the perpetrator.
  1. Citation for the crime: Md. Code, Crim. Law § 11-208.
  2. Citation for the statute of limitations: Smallwood v. State, 51 Md.App. at 468, 443 A.2d at 1006 (Md. Sp. App. 1982); Md. Code, Cts. & Jud. Proc. § 5-106; In re Anthony R., 362 Md. 51, 73, 763 A.2d 136, 148 (2000).
Child pornography
  1. There is no time limit to commence prosecution against the perpetrator for any felony sexual offense such as this crime.
  1. Citation for the crime: Md. Code, Crim. Law § 11-207.
  2. Citation for the statute of limitations: Massey v. State, 320 Md. 605, 610, 579 A.2d 265, 267 (Md. 1990); Smallwood v. State, 51 Md.App. 463, 443 A.2d, 1003,1006 (Md. Sp. App. 1982).

Are there any exceptions to the statute of limitations laws?
Maryland ^
  • None specified.
Anything else I should know?
Maryland ^

N/A






Massachusetts What is the statute of limitations? Statutory Citation(s):
Wanton or reckless behavior creating a risk of serious bodily injury or sexual abuse to a child
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 13L.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Rape
  1. Legal proceedings against perpetrator must commence within 15 years after commission of the offense; however
  2. If the victim is under 16 at the time the crime is committed, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 22.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Rape of child (i.e., under 16 years of age)
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation; and
  3. The limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 22A.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Rape of child during commission of certain offenses or by use of force
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 22B.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Rape of a child through use of force by certain previously convicted offenders
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, §22C.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Rape and abuse of child
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation; and
  3. The limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 23.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Rape and abuse of child aggravated by age difference between defendant and victim or when committed by mandated reporters
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 23A.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Rape and abuse of child by certain previously convicted offenders
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 23B.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.    
Assault with intent to commit rape
  1. Legal proceedings against perpetrator must commence within 15 years after commission of the offense.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 24.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Assault on child with intent to commit rape
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime; however,
  2. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation; and
  3. The limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 24B.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Enticing away person for prostitution or sexual intercourse
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 2.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Drugging persons for sexual intercourse
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 3.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Inducing person under 18 to have sexual intercourse
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense.; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 4.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Owner of place inducing or suffering person to resort in such place for sexual intercourse
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 6.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Open and gross lewdness and lascivious behavior
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 16.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Incestuous marriage or sexual activities
  1. Legal proceedings against the perpetrator must commence within 10 years after commission of the offense; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 17.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Crime against nature
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 34.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Unnatural and lascivious acts
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense. ; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 35.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Unnatural and lascivious acts with child under 16
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense; and
  2. The limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. Citation for the crime: Mass. Gen. Laws ch. 272, § 35A.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.
Trafficking persons for sexual servitude
  1. If the victim is under 18, there is no time limit to commence legal proceedings against the perpetrator for this crime; and
  2. If the victim is under 16 at the time of the offense, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier; and
  3. Any indictment or complaint found and filed more than 27 years after the date of commission of such offenses must be supported by independent evidence that corroborates the victim’s allegation.
  4. If the victim is 18 over, legal proceedings must commence within 15 years of the commission of the crime.
  1. Citation for the crime: Mass. Gen. Laws ch. 265, § 50.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63.    
Inducing minors into prostitution
  1. Legal proceedings against the perpetrator must commence within 6 years after commission of the offense; and
  2. If the victim was under 16 at the time of the crime, the limitations period does not begin until the victim has reached 16 or the crime is reported to a law enforcement agency, whichever is earlier.
  1. 1.     Citation for the crime: Mass. Gen. Laws ch. 272, § 4A.
  2. Citation for the statute of limitations: Mass. Gen. Laws ch. 277, § 63. 

Are there any exceptions to the statute of limitations laws?
Massachusetts ^
  • None specified.
Anything else I should know?
Massachusetts ^
  • Any period during which the defendant is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limit. Mass Gen. Laws ch. 277, § 63.
  • Civil Actions:
    • Mass. Gen. Laws ch. 260, § 4C Limitations and Actions; Sexual abuse of minors
      • Actions of tort alleging the defendant sexually abused a minor shall be commenced within 35 years of the acts alleged to have caused an injury or condition or within 7 years the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later. Time limit for commencement of an action under this section is tolled for a child until the child reaches 18 years of age.
      • Premier Capital, LLC v. KMZ, Inc., 464 Mass. 467, 474, 984 N.E.2d 286, 291-92 (2013) (noting “the general rule that, absent clear legislative intent to the contrary, a newly enacted statute of limitations “controls future procedure in reference to previously existing causes of action.”)





Michigan What is the statute of limitations? Statutory Citation(s):
Crime against nature or sodomy
  1. Legal proceedings against defendant must commence within six years after the commission of the offense.
  1. Citation for the crime: Mich. Comp. Laws § 750.158.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Indecent exposure
  1. Legal proceedings against defendant must commence within six years after the commission of the offense.
  1. Citation for the crime: Mich. Comp. Laws § 750.335a.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Gross indecency; between male persons
  1. Legal proceedings against defendant must commence within six years after the commission of the offense.
  1. Citation for the crime: Mich. Comp. Laws § 750.338.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Gross indecency; female persons
  1. Legal proceedings against defendant must commence within six years after the commission of the offense.
  1. Citation for the crime: Mich. Comp. Laws § 750.338a.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Gross indecency; between male and female persons
  1. Legal proceedings against defendant must commence within six years after the commission of the offense.
  1. Citation for the crime: Mich. Comp. Laws § 750.338b.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Criminal sexual conduct, first degree
  1. There is no time limit to commence legal proceedings against the perpetrator for this crime.
  1. Citation for the crime: Mich. Comp. Laws § 750.520b.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Criminal sexual conduct, second degree
  1. Legal proceedings against perpetrator must commence within 10 years after commission of the offense, or by the victim's 21st birthday, whichever occurs later.
  1. Citation for the crime: Mich. Comp. Laws § 750.520c.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Criminal sexual conduct, third degree
  1. Legal proceedings against perpetrator must commence within 10 years after commission of the offense, or by the victim's 21st birthday, whichever occurs later.
  1. Citation for the crime: Mich. Comp. Laws § 750.520d.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Criminal sexual conduct, fourth degree
  1. Legal proceedings against perpetrator must commence within 10 years after commission of the offense, or by the victim's 21st birthday, whichever occurs later.
  1. Citation for the crime: Mich. Comp. Laws § 750.520e.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Sentencing for second or subsequent offenses under §§ 750.520b, 750.520c or 750.520d
  1. Legal proceedings against defendant must commence within six years after the commission of the offense.
  1. Citation for the crime: Mich. Comp. Laws § 750.520g.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24.
Assault with intent to commit criminal sexual conduct
  1. Legal proceedings against perpetrator must commence within 10 years after commission of the offense, or by the alleged victim's twenty-first birthday, whichever occurs later.
  1. Citation for the crime: Mich. Comp. Laws § 750.520g.
  2. Citation for the statute of limitations: Mich. Comp. Laws § 767.24. 

Are there any exceptions to the statute of limitations laws?
Michigan ^
  • Mich. Comp. Laws § 767.24(2)(b)
    • If evidence of the violation is obtained and that evidence contains DNA from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed; however after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the victim’s twenty-first birthday, whichever occurs later
Anything else I should know?
Michigan ^
  • Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed. Mich. Comp. Laws § 767.24(8)
    • Case law:
      • People v. Russo, 439 Mich. 584, 596, 487 N.W.2d 698, 703 (Mich. 1992)—When statutory amendment extends statute of limitations applicable to criminal cases, extension applies to offenses not barred at time amendment was passed, and thus, prosecution may be commenced at any time within newly established period.
      • People v. Budnick, 494 N.W.2d 778, 197 Mich.App. 21 (Mich. App. 1992)—Statute tolling limitations period while defendant is not Michigan resident did not apply to portion of special limitation period for sexual offense involving children requiring charges to be filed by victim’s 21st birthday.  
  • Civil Actions:
    • Mich. Comp. Laws § 600.5805 governs civil actions for damages for childhood sexual abuse.
      • Unless otherwise stated below, the period of limitations is 2 years for an action charging assault, battery or false imprisonment.
      • The period of limitations is 5 years for an action charging assault or battery, or seeking damages for injuries to person, brought by a person who has been assaulted or battered by his or her spouse or former spouse, an individual with whom he or she had a child in common, or a person with whom he or she resides or formerly resided.
      • The period of limitations is 5 years for an action charging assault and battery, or seeking damages for injuries to person, brought by a person who has been assaulted or battered by an individual with whom he or she has or has had a dating relationship.
      • Except as otherwise provided in this section, the period of limitations is 3 years after the time of injury for all actions to recover damages for injury to a person.





Minnesota What is the statute of limitations? Statutory Citation(s):
Sodomy
  1. Legal proceedings against perpetrator must commence within three years after the commission of the offense.
  1. Citation for the crime: Minn. Stat. § 609.293.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Criminal sexual conduct, first degree
  1. If victim was under 18 at the time of commission of the offense, either nine years after commission of the offense or within three years after the offense was reported to law enforcement authorities, whichever is later; or
  2. If the victim is 18 or over, prosecution must commence within nine years after the commission of the offense; or
  3. If DNA evidence was collected and preserved, prosecution may commence at any time.
  1. Citation for the crime: Minn. Stat. § 609.342.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Criminal sexual conduct, second degree
  1. If victim was under 18 at the time of commission of the offense, either nine years after commission of the offense or within three years after the offense was reported to law enforcement authorities, whichever is later; or
  2. If the victim is 18 or over, prosecution must commence within nine years after the commission of the offense; or
  3. If DNA evidence was collected and preserved, prosecution may commence at any time.
  1. Citation for the crime: Minn. Stat. § 609.343.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Criminal sexual conduct, third degree
  1. If victim was under 18 at the time of commission of the offense, either nine years after commission of the offense or within three years after the offense was reported to law enforcement authorities, whichever is later; or
  2. If the victim is 18 or over, prosecution must commence within nine years after the commission of the offense; or
  3. If DNA evidence was collected and preserved, prosecution may commence at any time.
  1. Citation for the crime: Minn. Stat. § 609.344.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Criminal sexual conduct, fourth degree
  1. If victim was under 18 at the time of commission of the offense, either nine years after commission of the offense or within three years after the offense was reported to law enforcement authorities, whichever is later; or
  2. If the victim is 18 or over, prosecution must commence within nine years after the commission of the offense.
  1. Citation for the crime: Minn. Stat. § 609.345.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Criminal sexual conduct, fifth degree
  1. Legal proceedings against perpetrator must commence within three years after the commission of the offense.
  1. Citation for the crime: Minn. Stat. § 609.3451.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Criminal sexual predatory conduct
  1. Legal proceedings against perpetrator must commence within three years after the commission of the offense.
  1. Citation for the crime: Minn. Stat. § 609.3453.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Solicitation of Children to Engage in Sexual Conduct, Communication of Sexually Explicit Materials to Children
  1. Legal proceedings against perpetrator must commence within three years after the commission of the offense.
  1. Citation for the crime: Minn. Stat. § 609.352.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Incest
  1. Legal proceedings against perpetrator must commence within three years after the commission of the offense.
  1. Citation for the crime: Minn. Stat. § 609.365.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Female genital mutilation
  1. Legal proceedings against perpetrator must commence within three years after the commission of the offense.
  1. Citation for the crime: Minn. Stat. § 609.2245.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26.
Soliciting, Inducement, and Promotion of Prostitution; Sex Trafficking
  1. If victim was under 18 at the time of commission of the offense, either nine years after commission of the offense or within three years after the offense was reported to law enforcement authorities, whichever is later; or
  2. If the victim is 18 or over, prosecution must commence within nine years after the commission of the offense; or
  3. If DNA evidence was collected and preserved, prosecution may commence at any time.
  1. Citation for the crime: Minn. Stat. § 609.322.
  2. Citation for the statute of limitations: Minn. Stat. § 628.26. 

Are there any exceptions to the statute of limitations laws?
Minnesota ^
  • Minn. Stat. § 628.26(n), Limitations:
    • The limitations period shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.
Anything else I should know?
Minnesota ^
  • The limitations period contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state
  • Case law:
    • State v. Traczyk, 421 N.W.2d 299 (Minn. 1988):
      • Amendment to extend the statute of limitations after the crime was committed did not apply retroactively because the legislature did not expressly state the amendment applied retroactively.
    • State v. Danielski, 348 N.W.2d 352, 357 (Minn. Ct. App. 1984):
      • Where the same parental authority that is used to accomplish criminal sexual acts against a child is used to prevent the reporting of that act, the statute of limitations does not begin to run until the child is no longer subject to that authority.
    • State v. French, 392 N.W.2d 596 (Minn. Ct. App. 1986):
      • Where statute of limitations as to sexual abuse charge is tolled on the basis of coercion of defendant over victim (Danielski), victim must tell someone who actually brings information to proper authorities before statute runs
  • Statute of limitations for civil actions Minn. Stat. § 541.073
    • An action for damages based on personal injury caused by sexual abuse (meaning criminal sexual conduct in the first, second, third, fourth, or fifth degree) (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18; and (3) must be commencement before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.
    • This section does not affect suspension of the statute of limitations during a period of disability under Minn. Stat. § 541.15.
    • Note: This section became effective May 25, 2013 and applies to actions that were not time-barred before the effective date, provided that in the case of alleged sexual abuse of an individual under the age of 18, if the action would otherwise be time-barred under a previous version of Minnesota statutes, an action for damages against a person may be commenced no later than 3 years following the effective date of this statute.





Mississippi What is the statute of limitations? Statutory Citation(s):
Statutory rape; drugging; spousal rape
  1. There is no statute of limitations for prosecutions for rape.
  1. Citation for the crime: Miss. Code § 97-3-65.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
  3. Op.Atty.Gen. No. 2008-00673, Greenlee, January 23, 2009, 2009 WL 367663—The crime of statutory rape under § 97-3-65 does fall within the definition of “rape” as used in § 99-1-5, and statutory rape is not subject to the two-year statute of limitation contained in § 99-1-5.
Assault with intent to ravish
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-3-71.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
“Sexual battery” defined
  1. No limit for sexual battery of a child (§ 97-3-95 (1)(c), (1)(d), and (2)) when: victim is at least 14 but under 16 and offender is at least three years older than victim; victim is under 14 and offender is at least two years older than victim; or victim is under 18 and offender is in a position of trust or authority over the child; otherwise
  2. Within two years after commission of the offense.
  1. Citation for the crime: Miss. Code § 97-3-95.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Sexual battery, punishment
  1. This section discusses possible punishment for committing sexual battery, and does not have a separate statute of limitations.
  1. Citation for the crime: Miss. Code § 97-3-101.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Sex between law-enforcement or correctional officer or employee and offender
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-3-104.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Fondling child; punishment
  1. There is no time limit for commencing legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Miss. Code § 97-5-23.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Disseminating sexual material to children; computer luring
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-5-27.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Publicly displaying sexually oriented materials
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-5-29.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Depicting child engaging in sexual conduct
  1. There is no time limit for commencing legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Miss. Code § 97-5-33.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Depicting child engaging in sexual conduct, punishment

This section discusses possible punishment for committing this crime, and does not have a separate statute of limitations.

  1. Citation for the crime: Miss. Code § 97-5-35.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Carnal knowledge of certain children
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-5-41.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Sex between teacher and pupil
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-29-3.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Incest
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-29-5.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Sex between guardian and ward
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-29-7.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Incestuous marriages
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-29-27.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Indecent exposure
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-29-31.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.
Sodomy
  1. Legal proceedings against perpetrator must commence within two years after the commission of the offense.
  1. Citation for the crime: Miss. Code § 97-29-59.
  2. Citation for the statute of limitations: Miss. Code § 99-1-5.

Are there any exceptions to the statute of limitations laws?
Mississippi ^
  • None specified.
Anything else I should know?
Mississippi ^
  • Perpetrator flees the state where the crime was committee:
    • Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall be absent from the state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the law, or that process cannot be served upon him. Miss. Code § 99-1-5.
    • Crawford v. State, 754 So. 2d 1211 (Miss. 2000)
      • Held that the term “rape” as used in § 99-1-5 is not unconstitutionally vague—the statute clearly excludes rape from a statute of limitations whether it is defined as rape or capital rape; where a small child is threatened with harm to himself or family if he tells about being raped, this tolls the rape limitations statute until the child is removed from the threatening environment.
    • Morris v. State, 595 So. 2d 840, 845 (Miss. 1991)
      • The sexual abuse of children has been recognized as a continuing course of conduct and the statute of limitations does not begin to run until such course of conduct terminates.
      • Where a small child is threatened with harm to himself or herself, or family, if he or she tells, the statute of limitations is tolled until the child is removed from the threatening environment.
  • Civil Actions:
    • MISS. CODE § 15-1-49 Actions without prescribed period of limitation; actions involving latent injury or disease
      • All actions for which no other period of limitation is prescribed shall be commenced within 3 years next after the cause of such action accrued.
      • In actions for which no other period of limitation is prescribed an which involve latent injury or disease, the cause of action does not accrue until plaintiff has discovered, or by reasonable diligence should have discovered, the injury.
    • MISS. CODE § 15-1-59 Person under disability of infancy or unsoundness of mind
      • If any person entitled to bring any of the personal actions shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the actions within the times in this chapter respectively limited, after his disability shall be removed as provided by law. The saving in favor of persons under disability of unsoundness of mind shall never extend longer than 21 years.





Missouri What is the statute of limitations? Statutory Citation(s):
First degree rape and attempted first degree rape
  1. There is no time limit for commencing legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Mo. Rev. Stat. § 566.030.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Statutory rape and attempt to commit statutory rape, first degree
  1. Legal proceedings against a perpetrator of this crime must commence within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. § 566.032.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Statutory rape, second degree
  1. Legal proceedings against a perpetrator of this crime must commence within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. § 566.034.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
First degree sodomy
  1. There is no time limit for commencing legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Mo. Rev. Stat. § 566.060.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Statutory sodomy, first degree
  1. Legal proceedings against a perpetrator of this crime must commence within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. § 566.062.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Statutory sodomy, second degree
  1. Legal proceedings against a perpetrator of this crime must within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. § 566.064.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Child molestation, first degree
  1. If a class A felony (effective January 1, 2017, all first degree child molestation is a class A felony), then there is no time limit for commencing legal proceedings against a perpetrator of this crime; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. § 566.067.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.036, 556.037.
Child molestation, second degree
  1. Legal proceedings against a perpetrator of this crime must commence within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. § 566.068.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Sexual misconduct involving a child
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.083.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.036, 556.037.
Sexual contact with a student while on public school property
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.086.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.036, 556.037.
Sexual misconduct, first degree, penalties
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings must commence within one year after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.093.
  2. Citation for the statute of limitations: Mo. Rev. Stat. §§ 556.036, 56.037.
Sexual misconduct, second degree, penalties
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within one year after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.095.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.036, 556.037.
Sexual contact with prisoner or offender
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.145.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.036, 556.037. 
Enticement of a child, penalties
  1. Legal proceedings against a perpetrator of this crime must commence within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. § 566.151.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Sexual trafficking of a child--penalty
  1. Legal proceedings against a perpetrator of this crime must commence within 30 years after the victim reaches 18 years of age.
  1. Citation for the crime: Mo. Rev. Stat. §§ 566.212 and 566.213 (amended to Mo. Rev. Stat. §§ 566.210 and 566.211, effective Jan. 1, 2017).
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.037.
Incest
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 568.020.
  2. Citation for the statute of limitations: Mo. Rev. Stat. §§ 556.036, 556.037.
Genital mutilation of a female child, penalty—affirmative defenses
  1. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 568.065.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.036.
Child used in sexual performance, penalties
  1. Unclear, although most likely legal proceedings against a perpetrator of this crime must commence within 30 years after the child victim reaches 18 years of age.
  2. If the provisions of Mo. Rev. Stat. § 556.037 do not apply, then legal proceedings must commence within three years of the commission of the crime.
Promoting sexual performance by a child, penalties
  1. Unclear, although most likely legal proceedings against a perpetrator of this crime must commence within 30 years after the child victim reaches 18 years of age. If the provisions of Mo. Rev. Stat. § 556.037 do not apply, then legal proceedings must commence within three years of the commission of the crime.
Second degree rape
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.031.
  2. Citation for the statute of limitations: Mo. Rev. Stat. §§ 556.036, 556.037.
Second degree sodomy
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.061.
  2. Citation for the statute of limitations: Mo. Rev. Stat. § 556.036, 556.037.
Sexual abuse, first degree
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. Legal proceedings against a perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.100.
  2. Citation for the statute of limitations: Mo. Rev. Stat. §§ 556.036, 556.037. 
Sexual abuse, second degree
  1. If the crime involves a victim under 18 years of age, then legal proceedings must commence within 30 years after the victim reaches 18 years of age; otherwise
  2. If the crime is a felony, then proceedings against a perpetrator of this crime must commence within three years after commission of the offense; or
  3. If the crime is a misdemeanor, then proceedings against a perpetrator of this crime must commence within one year after commission of the offense.
  1. Citation for the crime: Mo. Rev. Stat. § 566.101.
  2. Citation for the statute of limitations: Mo. Rev. Stat. §§ 556.036, 556.037. 

Are there any exceptions to the statute of limitations laws?
Missouri ^
  • None specified.
Anything else I should know?
Missouri ^
  • The period of limitation does not run:
    • (1) During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years;
    • (2) During any time when the accused is concealing himself from justice either within or without this state;
    • (3) During any time when a prosecution against the accused for the offense is pending in this state; or
    • (4) During any time when the accused is found to lack mental fitness
      • State v. Casaretto (App. E.D. 1991) 818 S.W.2d 313—New statute of limitations passed after event criminal defendant was charged with allegedly occurred, but before old limitations period had run, was procedural, and thus permissibly extended statutory period.
  • Civil Actions: Mo. Rev. Stat. § 537.046 Childhood sexual abuse, injuries or illness defined—action for damages may be brought, when
    • Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to this section shall be commenced within 10 years of the plaintiff attaining the age of 21 or within 3 years of the date the victim discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs. 
    • This section applies to any action commenced on or after August 28, 2004, including any action that would have been barred by the application of the statute of limitation applicable prior to that date.
    • Mo. Rev. Stat. §§ 516.371 Limitation on civil action for damages for incest—10 year statute of limitations on any action for damages for person injury caused by an individual by a person within the third degree of affinity or consanguinity who subjects such individual to sexual contact.





Montana What is the statute of limitations? Statutory Citation(s):
Sexual assault
  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses; or
  2. If victim was under 18 at the time the offense occurred, within 10 years after victim reaches 18 for felony offenses; or
  3. Within one year after commission of the offense for misdemeanor offenses; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses.
  1. Citation for the crime: Mont. Code § 45-5-502.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.
Sexual intercourse without consent
  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses; or
  2. If victim was under 18 at the time the offense occurred, within 10 years after victim reaches 18 for felony offenses; or
  3. Within one year after commission of the offense for misdemeanor offenses; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses.
  1. Citation for the crime: Mont. Code § 45-5-503.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.
Indecent exposure
  1. Legal proceedings against a perpetrator of this crime must commence within five years after victim reaches 18; or
  2. If a felony, within five years after commission of the offense; or
  3. If a misdemeanor, within one year after commission of the offense.
  1. Citation for the crime: Mont. Code § 45-5-504.
  2. Citation for the statute of limitatons: Mont. Code § 45-1-205.
Deviate sexual conduct
  1. Legal proceedings against a perpetrator of this crime must commence within five years after commission of the offense if a felony; or
  2. If a misdemeanor, within one year after commission of the offense.
  1. Citation for the crime: Mont. Code § 45-8-218.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.
Incest
  1. Legal proceedings against a perpetrator of this crime must commence within 10 years after commission of the offense for felony offenses if victim is under 16 and offender is at least three years older, or if offender inflicts bodily injury upon anyone in the course of committing incest; or
  2. If victim was under 18 at the time the offense occurred, within 10 years after victim reaches 18 for felony offenses if victim is under 16 and offender is at least three years older, or if offender inflicts bodily injury upon anyone in the course of committing incest; or
  3. Within one year after commission of the offense for misdemeanor offenses if victim is under 16 and offender is at least three years older, or if offender inflicts bodily injury upon anyone in the course of committing incest; or
  4. If victim was under 18 at the time the offense occurred, within five years after victim reaches 18 for misdemeanor offenses if victim is under 16 and offender is at least three years older, or if offender inflicts bodily injury upon anyone in the course of committing incest; or
  5. Legal proceedings against a perpetrator of this crime must commence within five years after victim reaches 18.
  1. Citation for the crime: Mont. Code § 45-5-507.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.
Sexual abuse of children
  1. Legal proceedings against a perpetrator of this crime must commence within five years after victim reaches 18; or
  2. If a felony, within five years after commission of the offense; or
  3. If a misdemeanor, within one year after commission of the offense.
  1. Citation for the crime: Mont. Code § 45-5-625.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.
Ritual abuse of minors
  1. Legal proceedings against a perpetrator of this crime must commence within five years after victim reaches 18; or
  2. If a felony, within five years after commission of the offense; or
  3. If a misdemeanor, within one year after commission of the offense.
  1. Citation for the crime: Mont. Code § 45-5-627.
  2. Citation for the statute of limitations: Mont. Code § 45-1-205.

Are there any exceptions to the statute of limitations laws?
Montana ^
  • Mont. Code § 45-1-205 General time limitations
    • (b)(9) If a suspect is conclusively identified by DNA testing after a time period prescribed in subsection (1)(b) or (1)(c) has expired, a prosecution may be commenced within one year after the suspect is conclusively identified by DNA testing.
Anything else I should know?
Montana ^
  • Civil Actions
    • Mont. Code § 27-2-216 Tort actions—childhood sexual abuse
      • An action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of childhood sexual abuse (i.e., any act committed against a plaintiff who was less than 18 years of age and that would have been a violation of §45-5-502, 45-5-503, 45-5-504, 45-5-507 or 45-5-625) must be commenced not later than (1) three years after the act of childhood sexual abuse that is alleged to have caused the injury; or (2) three years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse.
    • Mont. Code § 27-2-217 Tort actions—ritual abuse of minor
      • An action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result of ritual abuse of a minor (§45-5-627) must be commenced not later than (1) three years after the act of ritual abuse of a minor that is alleged to have caused the injury, or (2) three years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of ritual abuse of a minor
    • Mont. Code § 45-1-206 Periods excluded from limitation. The period of limitation does not run during:
      • (1) any period in which the offender is not usually and publicly resident within the state or is beyond the jurisdiction of the state;. . . ; or
      • (3) a prosecution pending against the offender for the same conduct, even if the indictment, complaint, or information that commences the prosecution is dismissed.





Nebraska What is the statute of limitations? Statutory Citation(s):
Sexual assault, first degree
  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Neb. Rev. Stat. § 28-319.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Sexual assault of a child, first degree
  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Neb. Rev. Stat. § 28-319.01.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Sexual assault, second or third degree
  1. There is no time limit to begin legal proceedings against a perpetrator of this crime; unless
  2. Victim is over 16 and the crime is sexual assault in the third degree, in which case suit, information or indictment must be instituted or found within one year and six months after commission of the offense; unless
  3. The crime is punishable by less than three months in jail and a 100 dollar fine, in which case the time limit is one year.
  1. Citation for the crime: Neb. Rev. Stat. § 28-320.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Sexual assault of a child, second or third degree
  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Neb. Rev. Stat. § 28-320.01.
  2. Citation for the statute of limitatons: Neb. Rev. Stat. § 29-110.
Sexual assault; use of electronic communication device
  1. For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued; or
  2. For all misdemeanors or other indictable offense below felony, suit, information or indictment must be initiated or found within one year and six months after commission of the offense; or
  3. For all misdemeanors for which punishment is restricted to a fine not exceeding $100 and imprisonment not exceeding three months, within one year after commission of the offense.
  1. Citation for the crime: Neb. Rev. Stat. § 28.320.02.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Sexual abuse of an inmate or parolee, first degree
  1. For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued; or
  2. For all misdemeanors or other indictable offense below felony, suit, information or indictment must be initiated or found within one year and six months after commission of the offense; or
  3. For all misdemeanors for which punishment is restricted to a fine not exceeding $100 and imprisonment not exceeding three months, within one year after commission of the offense.
  1. Citation for the crime: Neb. Rev. Stat. § 28-322.02.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Sexual abuse of an inmate or parolee, second degree
  1. For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued; or
  2. For all misdemeanors or other indictable offense below felony, suit, information or indictment must be initiated or found within one year and six months after commission of the offense; or
  3. For all misdemeanors for which punishment is restricted to a fine not exceeding $100 and imprisonment not exceeding three months, within one year after commission of the offense.
  1. Citation for the crime: Neb. Rev. Stat. § 28-322.03.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Sexual abuse of a protected individual (an individual in the care or custody of the Department of Health and Human Services)
  1. For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued; or
  2. For all misdemeanors or other indictable offense below felony, suit, information or indictment must be initiated or found within one year and six months after commission of the offense; or
  3. For all misdemeanors for which punishment is restricted to a fine not exceeding $100 and imprisonment not exceeding three months, within one year after commission of the offense.
  1. Citation for the crime: Neb. Rev. Stat. § 28-322.04.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Incest
  1. There is no time limit to begin legal proceedings against a perpetrator of this crime.
  1. Citation for the crime: Neb. Rev. Stat. § 28-703.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Child Abuse
  1. For all felonies, indictment must be found by a grand jury within three years after commission of the offense, unless a complaint is filed within three years after commission of the offense, and a warrant for arrest of defendant has been issued; or
  2. For all misdemeanors or other indictable offense below felony, suit, information or indictment must be initiated or found within one year and six months after commission of the offense; or
  3. For all misdemeanors for which punishment is restricted to a fine not exceeding $100 and imprisonment not exceeding three months, within one year after commission of the offense.
  1. Citation for the crime: Neb. Rev. Stat. § 28-707.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Pandering
  1. For sexually explicit conduct under § 28-813.01, pandering under § 28-802, and debauching a minor under § 28-805 indictment must be found by a grand jury within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, unless a complaint is filed within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, and a warrant for arrest of defendant has been issued.
  1. Citation for the crime: Neb. Rev. Stat. § 28-802.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Debauching a minor
  1. For sexually explicit conduct under § 28-813.01, pandering under § 28-802, and debauching a minor under § 28-805 indictment must be found by a grand jury within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, unless a complaint is filed within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, and a warrant for arrest of defendant has been issued.
  1. Citation for the crime: Neb. Rev. Stat. § 28-805.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.
Sexually explicit conduct; visual depiction
  1. For sexually explicit conduct under § 28-813.01, pandering under § 28-802, and debauching a minor under § 28-805 indictment must be found by a grand jury within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, unless a complaint is filed within seven years after commission of the offense or within seven years next after the victim’s 16th birthday, whichever is later, and a warrant for arrest of defendant has been issued.
  1. Citation for the crime: Neb. Rev. Stat. § 28-813.01.
  2. Citation for the statute of limitations: Neb. Rev. Stat. § 29-110.

Are there any exceptions to the statute of limitations laws?
Nebraska ^
  • None specified.
Anything else I should know?
Nebraska ^
  • Neb. Rev. Stat. § 28-111 Enhanced penalty; enumerated offenses
    • Any person who commits sexual assault in the first degree (§ 28-319), sexual assault in the second or third degree (§ 28-320), sexual assault of a child (§§ 28-319.01 and 28-320.01), against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability or because of the person’s association with a person of a certain race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense, unless such criminal offense is already punishable as a Class IB felony or higher classification.
    • If such enhanced penalty exists, please see Neb. Rev. Stat § 29-110 for further details about the statute of limitations for that crime. 
  • Civil Actions
    • Neb. Rev. Stat. § 25-207 Actions for trespass, conversion, other torts and frauds; exceptions.
      • Civil action for an injury to the right of the plaintiff, not arising in contract, can only be brought within 4 years.
    • Neb. Rev. Stat. § 25-228 Civil action by victim of sexual assault of a child can only be brought within twelve years after attaining the age of 21.
    • Neb. Rev. Stat. § 28-113 Civil action authorized—statute of limitations; proof required
      • A person against whom a violation of § 28-111 has been committed may bring a civil action for equitable relief, general and special damages, reasonable attorney’s fees and costs.
      • A civil action brought pursuant to this section must be brought within 4 years after the date of violation of § 28-111.





Nevada What is the statute of limitations? Statutory Citation(s):
Sexual assault
  1. No limitation for sexual assault if victim files a written report during the period of limitation prescribed in § 171.085 and § 171.095; or
  2. Within four years after commission of the offense; or
  3. If sexual abuse against a child, before the victim is 36 if victim discovers or reasonably should have discovered that s/he was a victim of sexual abuse by the date s/he reaches 36; or before the victim is 43 if s/he does not discover and reasonably should not have discovered that s/he was a victim of the sexual abuse by the date s/he reached 36.
  1. Citation for the crime: Nev. Rev. Stat. § 200.366.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085; Nev. Rev. Stat. § 171.083; Nev. Rev. Stat. § 171.095.
Statutory sexual seduction
  1. Within three years after commission of the offense; or
  2. If sexual abuse against a child, before the victim is 36 if victim discovers or reasonably should have discovered that s/he was a victim of sexual abuse by the date s/he reaches 36; or before the victim is 43 if s/he does not discover and reasonably should not have discovered that s/he was a victim of the sexual abuse by the date s/he reached 36.
  1. Citation for the crime: Nev. Rev. Stat. §200.368.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085; Nev. Rev. Stat. § 171.095.
Promotion of sexual performance of minor unlawful
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 200.720.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Preparing, advertising or distributing materials depicting pornography involving minor unlawful
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 200.725.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Use of Internet to control visual presentation depicting sexual conduct of person under 16 years of age
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 200.727.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Possession of visual presentation depicting sexual conduct of person under 16 years of age unlawful
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 200.730.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Incest
  1. Within three years after commission of the offense; or
  2. If sexual abuse against a child, before the victim is 36 if victim discovers or reasonably should have discovered that s/he was a victim of sexual abuse by the date s/he reaches 36; or before the victim is 43 if s/he does not discover and reasonably should not have discovered that s/he was a victim of the sexual abuse by the date s/he reached 36.
  1. Citation for the crime: Nev. Rev. Stat. § 201.180.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085; Nev. Rev. Stat. § 171.095.
Commission of certain sexual acts in public
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 201.190.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Open or gross lewdness
  1. Within three years after commission of the offense if a felony; or
  2. If sexual abuse against a child, before the victim is 36 if victim discovers or reasonably should have discovered that s/he was a victim of sexual abuse by the date s/he reaches 36; or before the victim is 43 if s/he does not discover and reasonably should not have discovered that s/he was a victim of the sexual abuse by the date s/he reached 36; or
  3. If gross misdemeanor, within two years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 201.210.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085; Nev. Rev. Stat. § 171.090; Nev. Rev. Stat. § 171.095.
Indecent or obscene exposure; penalty
  1. Within three years after commission of the offense if a felony; or
  2. If gross misdemeanor, within two years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 201.220.
  2. Citation for the statute of limitations: Nev. Rev. Stat § 171.085; Nev. Rev. Stat. § 171.090.
Lewdness with child under 14 years
  1. Within three years after commission of the offense if a felony; or
  2. If sexual abuse against a child, before the victim is 36 if victim discovers or reasonably should have discovered that s/he was a victim of sexual abuse by the date s/he reaches 36; or before the victim is 43 if s/he does not discover and reasonably should not have discovered that s/he was a victim of the sexual abuse by the date s/he reached 36.
  1. Citation for the crime: Nev. Rev. Stat. § 201.230.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085; Nev. Rev. Stat. § 171.095.
Sexual conduct between certain employees of school or volunteers at school and pupil
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. §201.540.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Sexual conduct between certain employees of college or university and student
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. §201.550.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Sexual Penetration of Dead Human Body
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. §201.450.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Intentional transmission of HIV
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 201.205.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance
  1. Within three years after commission of the offense.
  1. Citation for the crime: Nev. Rev. Stat. § 200.710.
  2. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085.
Luring children or persons with mental illness
  1. Within three years after commission of the offense.

1.     Citation for the crime: Neb. Rev. Stat. § 201.560.

  1. Citation for the statute of limitations: Nev. Rev. Stat. § 171.085. 

Are there any exceptions to the statute of limitations laws?
Nevada ^
  • None specified.
Anything else I should know?
Nevada ^
  • Nev. Rev. Stat. § 171.095 If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 (offenses committed in secret manner and offenses constituting sexual abuse of a child) is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
  • Civil Actions:
    • Nev. Rev. Stat. § 11.215  Actions for damages for injury arising from sexual abuse of minor; exception for actions involving injury arising from appearance of minor in pornography
    • Action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 10 years after the plaintiff (a) reaches 18 years of age; or (b) discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse, whichever occurs later.





New Hampshire What is the statute of limitations? Statutory Citation(s):
Aggravated felonious sexual assault
  1. Within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, within 22 years of victim’s eighteenth birthday.
  1. Citation for the crime: N.H. Rev. Stat. § 632-A:2.
  2. Citation for the statute of limitations: N.H. Rev. Stat. § 625:8.
Felonious sexual assault
  1. Within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, within 22 years of victim’s eighteenth birthday.
  1. Citation for the crime: N.H. Rev. Stat. § 632-A:3.
  2. Citation for the statute of limitations: N.H. Rev. Stat. § 625:8.
Sexual Assault
  1. Within one year after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, within 22 years of victim’s eighteenth birthday.
  1. Citation for the crime: N.H. Rev. Stat. § 632-A:4.
  2. Citation for the statute of limitations: N.H. Rev. Stat. § 625:8.
Incest
  1. Within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, within 22 years of victim’s eighteenth birthday.
  1. Citation for the crime: N.H. Rev. Stat. § 639:2.
  2. Citation for the statute of limitations: N.H. Rev. Stat. § 625:8.
Indecent Exposure
  1. Within six years after commission of the offense if a class A or B felony; or
  2. If a misdemeanor, within one year after commission of the offense.
  1. Citation for the crime: N.H. Rev. Stat. § 645:1.
  2. Citation for the statute of limitations: N.H. Rev. Stat. § 625:8.

Are there any exceptions to the statute of limitations laws?
New Hampshire ^
  • None specified.
Anything else I should know?
New Hampshire ^
  • Civil Actions. N.H. Rev. Stat. § 508:4-g Actions Based on Sexual Assault and Related Offenses
    • A person, alleging to have been subjected to any offense under RSA 632-A, or an offense under RSA 639:2, who was under 18 years of age when the alleged offense occurred, may commence a personal action based on the incident within the later of:
      • Twelve years of the person's eighteenth birthday; or
      • Three years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
  • N.H. Rev. Stat. § 625:8 The period of limitations does not run:
    • (a) during any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within the state; or
    • (b) during any time when a prosecution is pending against the accused in the state based on the same conduct.





New Jersey What is the statute of limitations? Statutory Citation(s):
Sexual Assault
  1. There is no time limit for sexual assault or aggravated sexual assault.
  1. Citation for the crime: N.J. Stat. § 2C:14-2.
  2. Citation for the statute of limitations: N.J. Stat. § 2C:1-6.
Criminal Sexual Conduct
  1. Within five years after commission of the offense; or
  2. When victim was under 18 at the time of commission of the offense, within five years after victim reaches the age of 18 or within two years after discovery of the offense by the victim, whichever occurs later.
  1. Citation for the crime: N.J. Stat. § 2C:14-3.
  2. Citation for the statute of limitations: N.J. Stat. § 2C:1-6.
Lewdness
  1. Within one year after commission of the offense if a disorderly persons offense; or
  2. Within five years after commission of the offense if a crime.
  1. Citation for the crime: N.J. Stat. § 2C:14-4.
  2. Citation for the statute of limitations: N.J. Stat. § 2C:1-6.
Observation of sexual contact; reproduction or disclosure of images of sexual contact; dressing rooms; defenses
  1. Within five years after commission of the offense.
  1. Citation for the crime: N.J. Stat. § 2C:14-9.
  2. Citation for the statute of limitations: N.J. Stat. § 2C:1-6.
Endangering welfare of children
  1. Within five years after commission of the offense; or
  2. When victim was under 18 at the time of commission of the offense, within five years after victim reaches the age of 18 or within two years after discovery of the offense by the victim, whichever occurs later.
  1. Citation for the crime: N.J. Stat. § 2C:24-4.
  2. Citation for the statute of limitations: N.J. Stat. § 2C:1-6.
Genital mutilation of females under 18 years of age
  1. Within five years after commission of the offense.
  1. Citation for the crime: N.J. Stat. § 2C:24-10.
  2. Citation for the statute of limitations: N.J. Stat. § 2C:1-6.

Are there any exceptions to the statute of limitations laws?
New Jersey ^
  • N.J. Stat. § 2C:1-6 Time limitations
    • (c) When the prosecution is supported by physical evidence that identifies the offender by means of DNA testing or fingerprint analysis, time begins to run when the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the offender.
Anything else I should know?
New Jersey ^
  • N.J. Stat. § 2C:1-6
    • (e) The period of limitation does not run during  any time when a prosecution against the accused for the same conduct is pending in this State.
    • (f) The limitations in this section shall not apply to any person fleeing from justice.
  • State v. Nagle, 545 A.2d 182 (N.J. Super. Ct. App. Div. 1988):
    • Extended statute of limitations may constitutionally apply to a crime occurring before its effective date, if that date is before the expiration of the period provided by the prior statute of limitations.
  • Note: 2014 NJ S.B. 1709 (NS) (March 17, 2014)— current proposed legislation would increase the time by which a victim must commence prosecution upon reaching the age of 18 from five years to 10 years under subsection (b)(4).
  • Civil Actions
    • N.J. Stat. § 2A:61B-1  Specific Civil Actions; Sexual Abuse; Definitions; civil remedy; period of limitations; evidence; closed circuit testimony; confidentiality; in camera proceedings; damages
      • In any civil action for injury or illness based on sexual abuse, the cause of action shall accrue at the time of reasonable discovery of the injury and its causal relationship to the act of sexual abuse.  Any such action shall be brought within 2 years after reasonable discovery. 
    • Note: 2014 NJ A.B. 1516 (NS) (January 16, 2014)—current proposed legislation would eliminate the statute of limitations.





New Mexico What is the statute of limitations? Statutory Citation(s):
Enticement of child

This crime is a misdemeanor.

  1. Within two years after commission of the crime.
  1. Citation for the crime: N.M. Stat. § 30-9-1.
  2. Citation for the statute of limitations: N.M. Stat. § 30-1-8.
Criminal sexual penetration

The statute of limitations depends on the classification of the crime.

  1. If a first degree felony, no statute of limitations; or
  2. If a second degree felony, within six years after commission of the offense; or
  3. If a third or fourth degree felony, within five years after the commission of the offense.
  1. Citation for the crime: N.M. Stat. § 30-9-11.
  2. Citation for the statute of limitations: N.M. Stat. § 30-1-8.
Criminal sexual contact

The statute of limitations depends on the classification of the crime.

  1. If fourth degree felony, within five years after the commission of the offense; or
  2. If a misdemeanor, within two years after commission of the offense.
  1. Citation for the crime: N.M. Stat. § 30-9-12.
  2. Citation for the statute of limitations: N.M. Stat. § 30-1-8.
Criminal sexual contact of a minor

The statute of limitations depends on the classification of the crime.

  1. If a second degree felony, within six years after commission of the offense; or
  2. If a third or fourth degree felony, within five years after the commission of the offense.
  1. Citation for the crime: N.M. Stat. § 30-9-13.
  2. Citation for the statute of limitations: N.M. Stat. § 30-1-8.
Incest

This crime is a third degree felony.

  1. Within five years after commission of the offense.
  1. Citation for the crime: N.M. Stat. § 30-10-3.
  2. Citation for the statute of limitations: N.M. Stat. § 30-1-8.

Are there any exceptions to the statute of limitations laws?
New Mexico ^
  • N.M. Stat. § 30-1-9.2 Criminal sexual penetration; tolling of statute of limitations.
    • When DNA evidence is available and suspect has not been identified, the applicable time period for commencing a prosecution under § 30-1-8 will not commence to run until a DNA profile is matched with a suspect; this applies to:
      • Criminal sexual penetration (§ 30-9-11).
Anything else I should know?
New Mexico ^
  • N.M. Stat. § 30-1-9 Tolling of time limitation for prosecution for crimes
    • (A)  Statute of limitations is tolled during any time that the defendant shall conceal himself, or shall flee from or go out of the state.  It is also tolled when the party charged with the crime is not usually and publicly a resident within the state.
    • (B) When (1) an indictment, information or complaint is lost, mislaid or destroyed; (2) the judgment is arrested; (3) the indictment, information or complaint is quashed for any defect or reason; or (4) the prosecution is dismissed because of variance between the allegations of the indictment, information or complaint and the evidence; and a new indictment, information or complaint is thereafter presented, the time between the first indictment, information or complaint and the subsequent indictment, information or complaint shall not be included in computing the period limited for the prosecution of the crime last charged; provided that the crime last charged is based upon and grows out of the same transaction upon which the original indictment, information or complaint was founded, and the subsequent indictment, information or complaint is brought within five years from the date of the alleged commission of the original offense.
  • N.M. Stat. § 30-1-9.1 Offenses against children; tolling of statute of limitations
    • For the following offenses, when victim was under 18 at the time of commission of the offense, the time limit as described in § 30-1-8 will not begin to run until victim reaches the age of 18 or the violation is reported to a law enforcement agency, whichever occurs first:
      • Abandonment or abuse of a child (§ 30-6-1)
      • Criminal sexual penetration (§ 30-9-11)
      • Criminal sexual contact of a minor (§ 30-9-13)
    • State v. Morales, 236 P.3d 24 (N.M. 2010): 
      • The 1997 amendment, which abolished the statute of limitations for all capital felonies and first-degree violent felonies, applies to unexpired criminal conduct committed before the amendment's effective date of July 1, 1997. 
    • State v. Whittington, 183 P.3d 970 (N.M. Ct. App. 2008):
      • For purposes of 30-1-9.1, the statute of limitations does not begin to run unless facts constituting the specific offense to be prosecuted are reported to a law enforcement agency.





New York What is the statute of limitations? Statutory Citation(s):
Sexual misconduct

This crime is a Class A misdemeanor.

  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.20.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Rape, third degree

This crime is a Class E felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.25.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Rape, second degree

This crime is a Class D felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.30.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Rape, first degree

This crime is a Class B felony.

  1. There is no time limit for legal proceedings against the perpetrator of this crime.
  1. Citation for the crime: N.Y. Penal Law § 130.35.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Criminal sexual act, third degree

This crime is a Class E felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.40.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Criminal sexual act, second degree

This crime is a Class D felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.45.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Criminal sexual act, first degree

This crime is a Class B felony.

  1. There is no time limit for legal proceedings against the perpetrator of this crime.
  1. Citation for the crime: N.Y. Penal Law § 130.50.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Forcible touching

This crime is a Class A misdemeanor.

  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.52.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Persistent sexual abuse

This crime is a Class E felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.53.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Sexual abuse, third degree

This crime is a Class B misdemeanor.

  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.55.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Sexual abuse, second degree

This crime is a Class A misdemeanor.

  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.60.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Sexual abuse, first degree

This crime is a Class D felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.65.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Aggravated sexual abuse, fourth degree

This crime is a Class E felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.65-a.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Aggravated sexual abuse, third degree

This crime is a Class D felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.66.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Aggravated sexual abuse, second degree

This crime is a Class C felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.67.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Aggravated sexual abuse, first degree

This crime is a Class B felony.

  1. There is no time limit for legal proceedings against the perpetrator of this crime.
  1. Citation for the crime: N.Y. Penal Law § 130.70.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Course of sexual conduct against a child, first degree

This crime is a Class B felony.

  1. There is no time limit for legal proceedings against the perpetrator of this crime.
  1. Citation for the crime: N.Y. Penal Law § 130.75.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Course of sexual conduct against a child, second degree

This crime is a Class D felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.80.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Female genital mutilation

This crime is a Class E felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.85.
  2. Ciation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Facilitating a sex offense with a controlled substance

This crime is a Class D felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.90.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Predatory sexual assault

This crime is a Class A-II felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.95.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Predatory sexual assault against a child

This crime is a Class A-II felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 130.96.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Incest, third degree

This crime is a Class E felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 255.25.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Incest, second degree

This crime is a Class D felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 255.26.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.
Incest, first degree

This crime is a Class B felony.

  1. Legal proceedings against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse, whichever occurs earlier.
  1. Citation for the crime: N.Y. Penal Law § 255.27.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.

Are there any exceptions to the statute of limitations laws?
New York ^
  • People v. Harrison, 803 N.Y.S.2d 5, 6-7 (N.Y. App. Div. 2005) (relying on N.Y. Crim. Proc. Law § 30.10(4)(a) to toll the statute of limitation because defendant's whereabouts “were continuously unknown and continuously unascertainable by the exercise of reasonable diligence” inasmuch as it was impossible to identify a suspect until arrival of recent advances in DNA technology).
  • People v. Brown, 890 N.Y.S.2d 415 (N.Y. App. Ct. 2009) (Statute of limitations following commission of sodomy offense was tolled and excluded from five year statute of limitations until defendant’s DNA profile from victim’s rape kit was matched to DNA evidence).
  • People v. Ramos, 877 N.Y.S.2d 177 (N.Y. App. Div. 2009) (tolling five year statute of limitations where whereabouts of rape and robbery suspect were continuously unknown and unascertainable by exercise of reasonable diligence until nearly ten years later when suspect’s DNA profile was matched to DNA evidence taken from him prior to incarceration).
  • People v. Bradberry, 891 N.Y.S.2d 850 (N.Y. App. Div. 2009) (tolling statute of limitations for bringing first degree rape and second degree burglary charges until eight years later when suspect was convicted of an unrelated crime and a DNA match was made).
  • People v. Sigl, 967 N.Y.S.2d 570 (N.Y. App. Div. 2013) (tolling statute of limitations for indictment charging defendant with burglary in the first degree and sodomy in the first degree where whereabouts of suspect were continuously unknown and unascertainable by exercise of reasonable diligence until a year later when a DNA match was made).
  • People v. Burroughs, 968 N.Y.S.2d 773 (N.Y. App. Div. 2013) (refusing to toll statute of limitations for sodomy in the first and third degrees and for rape in the third degree because the offender’s DNA profile had been in the statewide databank since 1998, and the prosecution failed to offer an explanation as to why offender’s identity was not ascertained sooner by the exercise of reasonable diligence, especially since the perpetrator’s DNA was entered into the databank in 2003).
Anything else I should know?
New York ^
  • Statute of limitations tolled:
    • (a) during any period which (i) the defendant was continuously outside this state or (ii) the whereabouts of the defendant were continuously unknown and unascertainable by the exercise of reasonable diligence (however,  the period of limitation shall not be extended by more than 5 years beyond the otherwise applicable period); or
    • (b) when a prosecution is commenced within the prescribed period and when an accusatory instrument upon which such prosecution is based is dismissed by a Court under circumstances permitting the lodging of another charge for the same offense or an offense based on the same conduct, for the period from the commencement of the defeated prosecution to the dismissal of the accusatory instrument.





North Carolina What is the statute of limitations? Statutory Citation(s):
First-degree forcible rape
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.21.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Statutory rape of a child by an adult
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.23.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Second-degree forcible rape
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.22.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
First-degree forcible sexual offense
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.26.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Statutory sexual offense with a child by an adult
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14.27.28.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Second degree forcible sexual offense
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. §14-27.27.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Sexual battery

This crime is a misdemeanor.

  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.33.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Sexual activity by a substitute parent or custodian
  1. If felony, no statute of limitations.
  2. If misdemeanor, within two years after commission of the crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.31.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Statutory rape of person who is 15 years of age or younger
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14.27.25.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Incest
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-178.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Taking indecent liberties with children
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-202.1.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
Indecent liberties between children

This crime is a misdemeanor.

  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  1. Citation for the crime: N.C. Gen. Stat. § 14-202.2.
  2. Citation for the statute of limitations: N.C. Gen. Stat. § 15-1.
Taking indecent liberties with a student
  1. If felony, no statute of limitations.
  2. If misdemeanor, within two years after commission of the crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-202.4.
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).
First-degree statutory rape
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.24 (effective December 1, 2015).
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973)
Second-degree statutory rape
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.29 (effective December 1, 2015).
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973). 
Statutory sexual offense with a person who is 15 years of age or younger
  1. No statute of limitations for any felony, including this crime.
  1. Citation for the crime: N.C. Gen. Stat. § 14-27.30 (effective December 1, 2015).
  2. Citation for the statute of limitations: State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973). 

Are there any exceptions to the statute of limitations laws?
North Carolina ^
  • None specified.
Anything else I should know?
North Carolina ^
  • State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973) No statute of limitations for any felony.
  • State v. Taylor, 713 S.E.2d 82, 90 (N.C. Ct. App. 2011) (same)
  • N.C. GEN. STAT. § 15-1 Statute of limitations for misdemeanors:
    • For all misdemeanors except malicious misdemeanors, within two years after commission of the offense.





North Dakota What is the statute of limitations? Statutory Citation(s):
Gross sexual imposition
  1. Legal proceedings against the perpetrator of this crime must commence within seven years after commission of the offense; or
  2. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities. 
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-03.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-02.1 and § 29-04-03.1.
Continuous sexual abuse of a child
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offence; or
  2. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-03.1.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-03.1 and § 29-04-02.
Sexual imposition
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense; or
  2. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-04.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03.1.
Corruption or solicitation of minors
  1. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities; or
  2. If a felony, within three years after commission of the offense; or
  3. If a misdemeanor, within two years after commission of the offense.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-05.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03 and § 29-04-03.1.
Luring minors by computer or other electronic means
  1. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities; or
  2. If a felony, within three years after commission of the offense; or
  3. If a misdemeanor, within two years after commission of the offense.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-05.1.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03 and § 29-04-03.1.
Sexual abuse of wards
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense; or
  2. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-06.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03.1.
Sexual exploitation by therapist
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense; or
  2. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-06.1.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03.1.
Sexual assaut
  1. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities; or
  2. If a felony, within three years after commission of the offense; or
  3. If a misdemeanor, within two years after commission of the offense.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-07.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03 and § 29-04-03.1.
Fornication
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense; or
  2. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-08.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03.1.
Incest
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense; or
  2. If the victim was under 18 at the time of commission of the offense, within ten years after commission of the offense or, if victim failed to report the offense within this limitation period, within three years after offense was reported to law enforcement authorities.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-11.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-02 and § 29-04-03.1.
Deviate sexual act
  1. Misdemeanor, within two years after commission of the offense.
  1. Citation for the crime: N.D. Cent. Code § 12.1-20-12.
  2. Citation for the statute of limitations: N.D. Cent. Code § 29-04-03.

Are there any exceptions to the statute of limitations laws?
North Dakota ^
  • N.D. Cent Code § 29-04-03.1 Prosecution for sexual abuse of minors
    • If, based upon evidence containing DNA obtained at the time of the offense, a suspect is conclusively identified by DNA testing after the time period prescribed in subsection 1 has expired, a prosecution may be commenced within three years after the suspect is conclusively identified by the DNA testing.
Anything else I should know?
North Dakota ^
  • N.D. Cent. Code § 29-04-03.2 Statute of limitations as to child victim
    • For any violation of Chapter 12.1-20, if victim was under 15 at the time of commission of the offense, the applicable period of limitation does not begin to run until victim reaches the age of 15.
    • N.D. Cent. Code § 29-04-04 Time of defendant’s absence not part of limitation
      • If the defendant is out of the state, or if the defendant is within the state and subsequently leaves the state, the information may be filed, or the indictment found, within the time herein limited, after the defendant's return to the state. No time during which the defendant is not an inhabitant of, or usually resident within, this state is part of the limitation.
      • State v. Goebel, 725 N.W.2d 578 (N.D. 2007) § 29-04-03.1 and § 29-04-03.2 when read together, if the victim is under 15 at the time of the offense, the statute of limitations does not begin to run until the victim reaches the age of 15, which extends the initial seven-year period until the victim is 22, but if the victim does not report the offense to law enforcement within that seven-year period, the limitations periods runs for 3 years after the offense is reported.





Ohio What is the statute of limitations? Statutory Citation(s):
Rape
  1. Legal proceedings against the perpetrator of this crime must commence within 20 years after commission, conspiracy, or attempt to commit the offense.
  1. Citation for the crime: Ohio Rev. Code Ann. § 2907.02.
  2. Citation for the statute of limitations: Ohio Rev. Code Ann. § 2901.13.
Sexual battery
  1. Legal proceedings against the perpetrator of this crime must commence within 20 years after commission, conspiracy, or attempt to commit the offense.
  1. Citation for the crime: Ohio Rev. Code Ann. § 2907.03.
  2. Citation for the statute of limitations: Ohio Rev. Code Ann. § 2901.13.
Unlawful sexual conduct with minor
  1. Legal proceedings against the perpetrator of this crime must commence within 20 years after commission, conspiracy, or attempt to commit the offense.
  1. Citation for the crime: Ohio Rev. Code Ann. § 2907.04.
  2. Citation for the statute of limitations: Ohio Rev. Code Ann. § 2901.13.
Gross sexual imposition
  1. Legal proceedings against the perpetrator of this crime must commence within 20 years after commission, conspiracy, or attempt to commit the offense.
  1. Citation for the crime: Ohio Rev. Code Ann. § 2907.05.
  2. Citation for the statute of limitations: Ohio Rev. Code Ann. § 2901.13.
Sexual imposition
  1. Legal proceedings against the perpetrator of this crime must commence within 20 years after commission, conspiracy, or attempt to commit the offense.
  1. Citation for the crime: Ohio Rev. Code Ann. § 2907.06.
  2. Citation for the statute of limitations: Ohio Rev. Code Ann. § 2901.13.

Are there any exceptions to the statute of limitations laws?
Ohio ^
  • State v. Danley, 853 N.E. 2d 1224 (Ohio Ct. App. 2006)
    • Defendant subject to 20 year statute of limitations under amended statute of limitations for rape and gross sexual imposition, among other crimes.  Also complaint and arrest warrant against “John Doe” for charges of rape and aggravated robbery, which listed a detailed DNA profile against the defendant, commenced the criminal action against the defendant thereby tolling the statute of limitations.
  • State v. Gulley, No. 101527, 2015 WL 5155579 (Ohio Ct. App. Sept. 3, 2015)
    • In this case of an alleged rape, the Court agreed with the existing case law that states that if reasonable diligence is used by law enforcement in its attempts to identify a defendant, and all attempts have failed, a John Doe DNA indictment or warrant can toll the applicable statute of limitations.
Anything else I should know?
Ohio ^
  • OHIO REV. CODE ANN. § 2901.13(C)(1)
    • If the period of limitation in (A)(1) or (3) has expired, prosecution shall be commenced for the following offenses during the following periods:
      • (a) For an offense involving misconduct in office by a public servant, at any time while the accused remains a public servant, or within two years thereafter;
      • (b) For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.

      • (G) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.
      • (H) The period of limitation shall not run during any time when the accused purposely avoids prosecution.  Proof that the accused departed this state or concealed the accused’s identity or whereabouts is prima-facie evidence of the accused’s purpose to avoid prosecution.
      • (I) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this state, even though the indictment, information, or process that commenced the prosecution is quashed or the proceedings on the indictment, information, or process are set aside or reversed on appeal.
      • (J) For any offense involving a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under 18 or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age, the period of limitation does not begin to run until either victim reaches the age of majority or the abuse has been reported to a law enforcement officer or a public children services agency, whichever occurs first.
  • State v. Aubrey, 885 N.E. 2d 251 (Ohio Ct. App. 2008):
    • Amended 20 year statute of limitations period applies to sexual battery charges where the amended statute of limitations was extended by the legislature before the original six-year limitations period had expired.





Oklahoma What is the statute of limitations? Statutory Citation(s):
Incest
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Okla. Stat. tit. 21, § 885.
  2. Citation for the statute of limitations: Okla. Stat. tit. 22, § 152.
Forcible sodomy
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after discovery of the offense.
  1. Citation for the crime: Okla. Stat. tit. 21, § 888.
  2. Citation for the statute of limitations: Okla. Stat. tit. 22, § 152.
Rape in first degree; rape in second degree
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after discovery of the offense.
  1. Citation for the crime: Okla. Stat. tit. 21, § 1114.
  2. Citation for the statute of limitations: Okla. Stat. tit. 22, § 152.
Lewd or indecent proposals or acts upon a child under 16 or person believed to be under 16; sexual battery
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after discovery of the offense.
  1. Citation for the crime: Okla. Stat. tit. 21, § 1123.
  2. Citation for the statute of limitations: Okla. Stat. tit. 22, § 152.
Crime Against Nature
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after discovery of the offense.
  1. Citation for the crime: Okla. Stat. tit. 21, § 886.
  2. Citation for the statute of limitations: Okla. Stat. tit. 22, § 152. 

Are there any exceptions to the statute of limitations laws?
Oklahoma ^
  • Okla. Stat. tit. 22, § 152 Limitations in general
    • (C)(2) Prosecution may be commenced at any time after commission of the offense if victim notified law enforcement within 12 years after discovery of the offense, physical evidence was collected and preserved that is capable of being tested to obtain a DNA profile, and the identity of offender is subsequently established through the use of a DNA profile using that evidence; however, a prosecution must be commenced within three years after the date on which the identity of the offender is established through DNA testing; applies for the following offenses:
      • Rape (tit. 21, § 1114);
      • Forcible sodomy (tit. 21, § 888);
      • Sodomy;
      • Lewd or indecent proposals or acts against children (tit. 21, § 1123).
Anything else I should know?
Oklahoma ^
  • Okla. Stat. tit. 22, § 152
    • (H) In all other cases a prosecution for a public offense must be commenced within three (3) years after its commission.
    • (L)”Discovery" means the date that a sexually related crime involving a victim under 18 years old is reported to a law enforcement agency, up to and including one year after the victim turns 18 years of age.
  • Okla. Stat. tit. 22, § 153. Absence from state, limitation does not run
    • If when the offense is committed the defendant is out of the state, the prosecution may be commenced within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of or usually. resident within the state, is part of the limitation.
  • State v. Cox, 152 P.3d 244 (Okla. Crim. App. 2006):
    • Amendments extending statute of limitations will not apply retroactively to crimes committed prior to the amendment date unless amendment expressly indicates it does.





Oregon What is the statute of limitations? Statutory Citation(s):
Rape third degree
  1. Legal proceedings against the perpetrator of this crime must commence within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30 or within 12 years after offense is reported to a law enforcement agency, whichever occurs first.
  1. Citation for the crime: Or. Rev. Stat. § 163.355.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Rape, second degree
  1. Legal proceedings against the perpetrator of this crime must commence within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30 or within 12 years after offense is reported to a law enforcement agency, whichever occurs first.
  1. Citation for the crime: Or. Rev. Stat. § 163.365.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Rape, first degree
  1. Legal proceedings against the perpetrator of this crime must commence within twelve years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30.
  1. Citation for the crime: Or. Rev. Stat. § 163.375.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Sodomy, second degree
  1. Legal proceedings against the perpetrator of this crime must commence within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30 or within 12 years after offense is reported to a law enforcement agency, whichever occurs first.
  1. Citation for the crime: Or. Rev. Stat. § 163.395.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Sodomy, first degree
  1. Legal proceedings against the perpetrator of this crime must commence within twelve years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30.
  1. Citation for the crime: Or. Rev. Stat. § 163.405.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Unlawful sexual penetration, second degree
  1. Legal proceedings against the perpetrator of this crime must commence within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30 or within 12 years after offense is reported to a law enforcement agency, whichever occurs first.
  1. Citation for the crime: Or. Rev. Stat. § 163.408.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Unlawful sexual penetration, first degree
  1. Legal proceedings against the perpetrator of this crime must commence within twelve years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30.
  1. Citation for the crime: Or. Rev. Stat. § 163.411.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Sexual abuse, third degree
  1. Legal proceedings against the perpetrator of this crime must commence within four years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 22 or within four years after offense is reported to a law enforcement agency, whichever occurs first.
  1. Citation for the crime: Or. Rev. Stat. § 163.415.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Sexual abuse, second degree
  1. Legal proceedings against the perpetrator of this crime must commence within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30 or within 12 years after offense is reported to a law enforcement agency, whichever occurs first.
  1. Citation for the crime: Or. Rev. Stat. § 163.425.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Sexual abuse, first degree
  1. Legal proceedings against the perpetrator of this crime must commence within twelve years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30.
  1. Citation for the crime: Or. Rev. Stat. § 163.427.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Online sexual corruption of a child in the second degree
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.432.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Online sexual corruption of a child in the first degree
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.433.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Contributing to the sexual delinquency of a minor
  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.435.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Sexual misconduct
  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.445.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Custodial sexual misconduct, first degree
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.452.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Custodial sexual misconduct, second degree
  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.454.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Unlawful contact with a child
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.479.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Incest
  1. Legal proceedings against the perpetrator of this crime must commence within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30 or within 12 years after offense is reported to a law enforcement agency, whichever occurs first.
  1. Citation for the crime: Or. Rev. Stat. § 163.525.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Sodomy, third degree
  1. Legal proceedings against the perpetrator of this crime must commence within six years after commission of the offense; or
  2. If victim was under 18 at the time of commission of the offense, any time before victim reaches 30 or within 12 years after offense is reported to a law enforcement agency, whichever occurs first
  1. Citation for the crime: Or. Rev. Stat. § 163.385.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.
Purchasing sex with a minor
  1. Legal proceedings against the perpetrator of this crime must commence within three years after commission of the offense.
  1. Citation for the crime: Or. Rev. Stat. § 163.413.
  2. Citation for the statute of limitations: Or. Rev. Stat. § 131.125.     

Are there any exceptions to the statute of limitations laws?
Oregon ^
  • Or. Rev. Stat. § 131.125 Time limitations:
  • § 131.125(9) - If the defendant is identified after the period described in 131.125(2) on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for:
    • Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime.
    • Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.
    • Or. Rev. Stat. § 131.125(10):
    • Notwithstanding § 131.125(9), if a prosecution for a felony listed in that subsection would otherwise be barred by § 131.125(2), the prosecution must be commenced within two years of the DNA-based identification of the defendant.
Anything else I should know?
Oregon ^
  • Or. Rev. Stat. § 131.145 When time starts; tolling
    • The period of limitation does not run during:
      • Any time when the accused is not an inhabitant of or usually resident within this state; or
      • Any time when the accused hides within the state so as to prevent process being served upon the accused.
      • If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in Or. Rev. Stat. § 131.125, after the coming of the accused into the state.
  • Or. Rev. Stat. § 131.155 Maximum tolling period
    • Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years.
    • Hall v. Lampert, 100 P.3d 1138, 1144 (Or. Ct. App. 2004):
      • Where statute of limitations for a sexual offense is triggered by a report to law enforcement of an instance of sexual abuse, reporting such instance does not trigger the statute of limitations for all other instances of the same offense (citing State v. Hutchison, 31 P.3d 1123 (Or. Ct. App. 2001).
    • State v. Hutchison, 31 P.3d 1123 (Or. Ct. App. 2001):
      • Victim's report of single incident of sexual contact with defendant did not trigger six-year statute of limitations with respect to other incidents, and statute of limitations with respect to other incidents began to run on date such offenses were reported.





Pennsylvania What is the statute of limitations? Statutory Citation(s):
Rape
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3121.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Statutory sexual assault
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3122.1.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Involuntary deviate sexual intercourse
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3123.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Sexual assault
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3124.1.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Institutional sexual assault
  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3124.2.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Aggravated indecent assault
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3125.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Indecent assault
  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3126.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Incest
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. §4302.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Sexual abuse of children
  1. Legal proceedings against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 6312.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Sexual exploitation of children
  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  2. If committed against a minor under 18, prosecution must commence by the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 6320.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Unlawful contact with a minor

A violation of this crime is classified as the more severe of either a third degree felony or other applicable sexual offense with which the perpetrator may be charged.

  1. If this crime is classified at a level equal to another applicable sexual offense, please see that sexual offense for the corresponding statute of limitations; or
  2. If this crime is classified as a third degree felony, then proceedings against the perpetrator must commence within two years after commission of the offense.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 6318.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.
Sexual assault by sports official, volunteer, or employee of nonprofit association
  1. Legal proceedings against the perpetrator of this crime must commence within two years after commission of the offense.
  1. Citation for the crime: 18 Pa. Cons. Stat. § 3124.3.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.

Are there any exceptions to the statute of limitations laws?
Pennsylvania ^
  • 42 Pa. Cons. Stat. § 5552 Other offenses:
    • If evidence of a misdemeanor sexual offense set forth in 42 Pa. Cons. Stat. § 5552(c) (3) or any felony offense is obtained containing DNA, and that DNA is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution may be commenced within the period of limitations provided for that offense, or within one year after the identity of the individual is determined, whichever occurs later.
Anything else I should know?
Pennsylvania ^
  • 42 Pa. Cons. Stat. § 5554 Tolling of statute
    • The period of limitation does not run during any time when:
    • The accused is continuously absent from this Commonwealth or has no reasonably ascertainable place of abode or work within this Commonwealth;
    • A prosecution against the accused for the same conduct is pending in this Commonwealth; or
    • A child is under 18 years of age, where the crime involves injuries to the person of the child caused by the wrongful act, or neglect, or unlawful violence, or negligence of the child’s parents or by a person responsible for the child’s welfare, or any individual residing in the same home as the child, or a paramour of the child’s parent.





Puerto Rico What is the statute of limitations? Statutory Citation(s):
Sexual Assault

This crime is a felony.

  1. The limit is within 20 years after the commission of the offense.
  2. Note: If the victim has not yet turned 18 years old, the statute of limitations will not begin to run until the victim turns 18 years old.
  1. Citation for the crime: Puerto Rico Penal Code 2012-Article 130 (33 L.P.R.A. § 5191).
  2. Citation for the statute of limitations: Puerto Rico Penal Code 2012 - Article 87 (33 L.P.R.A. § 5132).
Incest

This crime is a felony.

  1. The limit is within 20 years after the commission of the offense.
  2. Note: If the victim has not yet turned 18 years old, the statute of limitations will not begin to run until the victim turns 18 years old.
  1. Citation for the crime: Puerto Rico Penal Code 2012-Article 131 (33 L.P.R.A. § 5192).
  2. Citation for the statute of limitations: Puerto Rico Penal Code 2012 - Article 87 (33 L.P.R.A. § 5132).
Lewd Acts

This crime is a felony.

  1. The limit is within 20 years after the commission of the offense.
  2. Note: If the victim has not yet turned 18 years old, the statute of limitations will not begin to run until the victim turns 18 years old.
  1. Citation for the crime: Puerto Rico Penal Code 2012-Article 133 (33 L.P.R.A. § 5194).
  2. Citation for the statute of limitations: Puerto Rico Penal Code 2012 - Article 87 (33 L.P.R.A. § 5132).
Bestiality

This crime is a felony.

  1. The limit is within 5 years after the commission of the offense.
  2. Note: If the victim has not yet turned 18 years old, the statute of limitations will not begin to run until the victim turns 18 years old.
  1. Citation for the crime: Puerto Rico Penal Code 2012-Article 134 (33 L.P.R.A. § 5195).
  2. Citation for the statute of limitations: Puerto Rico Penal Code 2012 - Article 87 (33 L.P.R.A. § 5132).
Sexual Harassment

This crime is a misdemeanor.

  1. The limit is within 1 year after the commission of the offense.
  1. Citation for the crime: Puerto Rico Penal Code 2012-Article 135 (33 L.P.R.A. § 5196).
  2. Citation for the statute of limitations: Puerto Rico Penal Code 2012 - Article 87 (33 L.P.R.A. § 5132).

Are there any exceptions to the statute of limitations laws?
Puerto Rico ^
  • Rule 35, Puerto Rico Rules for Criminal Procedure (34 L.P.R.A. Ap. II, R.35):
    • (b) In cases of felonies where the defendant’s name is unknown, the prosecution may use a fictitious name (i.e. John Doe) on the indictment.  In those situations where a defendant’s identity is later identified and confirmed via DNA evidence, the fictitious name of the accused in the indictment will be amended.  In those instances where a fictitious name has been used, the statute of limitations will not begin to run until such time as the DNA evidence identifies the accused and the indictment is amended. 
    • Note:  The legislative history of this amendment to Rule 35 explains that in making the amendment, the Puerto Rico legislature specifically had in mind the protection of victims of sexual assault.
Anything else I should know?
Puerto Rico ^
  • Puerto Rico Penal Code 2012 - Article 88 (33 L.P.R.A. § 5133) Crimes Without Statute of Limitations:
    • The following crimes do not have a statute of limitations:  genocide, crimes against humanity, homicide, kidnapping and child abduction, embezzlement of public funds, forgery of public documents, and all felonies classified under this Code or in a special law committed by a public officer or employee in the performance of public duties.
  • Puerto Rico Penal Code 2012 - Article 89 (33 L.P.R.A. § 5134). Calculation:
    • The time period for calculation of the statute of limitations is from the date that the crimes were committed until the date that probable cause for arrest or citation is determined.  In the cases of the crimes of sexual assault or attempted sexual assault or those felonies where the victim has not yet turned 18 years old, the statute of limitations will not begin to run until the victim turns 18 years old.





Rhode Island What is the statute of limitations? Statutory Citation(s):
Sexual assault, first degree
  1. No limit for first degree sexual assault.
  1. Citation for the crime: R.I. Gen. Laws § 11-37-2.
  2. Citation for the statute of limitations: R.I. Gen. Laws § 12-12-17.
Sexual assault, second degree
  1. Within three years after the commission of the offense.
  1. Citation for the crime: R.I. Ge. Laws § 11-37-4.
  2. Citation for the statute of limitations: R.I. Gen. Laws § 12-12-17.
Sexual assault, third degree
  1. Within three years after commission of the offense.
  1. Citation for the crime: R.I. Gen. Laws § 11-37-6.
  2. Citation for the statute of limitations: R.I. Gen. Laws § 12-12-17.
Child molestation sexual assault, first degree
  1. No limit for first degree child molestation sexual assault.
  1. Citation for the crime: R.I. Gen. Laws § 11-37-8.1.
  2. Citation for the statute of limitations: R.I. Gen. Laws § 12-12-17.
Child molestation sexual assault, second degree
  1. No limit for second degree child molestation sexual assault.
  1. Citation for the crime: R.I. Gen. Laws § 11-37-8.3.
  2. Citation for the statute of limitations: R.I. Gen. Laws § 12-12-17.

Are there any exceptions to the statute of limitations laws?
Rhode Island ^
  • None specified.
Anything else I should know?
Rhode Island ^
  • None specified.





South Carolina What is the statute of limitations? Statutory Citation(s):
Criminal sexual conduct, first degree
  1. No statute of limitations for sexual offenses.
  1. Citation for the crime: S.C. Code Ann. § 16-3-652.
  2. Citation for the statute of limitations: No statute of limitations for sexual offenses.
Criminal sexual conduct, second degree
  1. No statute of limitations for sexual offenses.
  1. Citation for the crime: S.C. Code Ann. § 16-3-653.
  2. Citation for the statute of limitations: No statute of limitations for sexual offenses.
Criminal sexual conduct, third degree
  1. No statute of limitations for sexual offenses.
  1. Citation for the crime: S.C. Code Ann. § 16-3-654.
  2. Citation for the statute of limitations: No statute of limitations for sexual offenses.
Criminal sexual conduct with a minor; aggravating and mitigating circumstances; penalties; repeat offenders
  1. No statute of limitations for sexual offenses.
  1. Citation for the crime: S.C. Code Ann. § 16-3-655.
  2. Citation for the statute of limitations: No statute of limitations for sexual offenses.
Sexual battery with a student
  1. No statute of limitations for sexual offenses.
  1. Citation for the crime: S.C. Code Ann. § 16-3-755.
  2. Citation for the statute of limitations: No statute of limitations for sexual offenses.
Incest
  1. No statute of limitations for sexual offenses.
  1. Citation for the crime: S.C. Code Ann. § 16-15-20.
  2. Citation for the statute of limitations: No statute of limitations for sexual offenses.

Are there any exceptions to the statute of limitations laws?
South Carolina ^
  • None specified.
Anything else I should know?
South Carolina ^
  • None specified.





South Dakota What is the statute of limitations? Statutory Citation(s):
Rape
  • Rape in the first degree is a Cass C felony if sexual penetration occurs with a victim under 13.
  • Rape in the second degree is a Class 1 felony if sexual penetration occurs through the use of force, coercion, or threats of immediate and great bodily harm against victim or other persons within victim’s presence, accompanied by apparent power of execution.
  • Rape in the third degree is a Class 2 felony if sexual penetration occurs and victim is incapable of giving consent to such act because of physical or mental incapacity, or any intoxicating, narcotic, or anesthetic agent or hypnosis.
  • Rape in the fourth degree is a Class 3 felony if sexual penetration occurs and victim is at least 13 but under 16, and offender is at least three years older than victim.

The statute of limitation depends on the degree and class of the crime:

  1. No limit for first or second degree rape.  For third or fourth degree rape, within seven years after commission of the offense or any time prior to the date victim reaches 25, whichever period is longer.
  2. No limit for Class C felonies.
  1. Citation for the crime: S.D. Codified Laws § 22-22-1.
  2. Citation for the statute of limitations: S.D. Codified Laws § 22-22-1.
Sexual contact with person under 16

This crime is a: (a) Class 1 misdemeanor if victim is at least 13 years of age and offender is less than five years older than victim; and (b) Class 3 felony if victim is under 16 and offender is 16 years of age or older and knowingly engages in sexual contact with the victim.

  1. The limit is within seven years after commission of the offense or any time prior to the date victim reaches 25, whichever period is longer.
  1. Citation for the crime: S.D. Codified Laws § 22-22-7.
  2. Citation for the statute of limitations: S.D. Codified Laws § 22-22-7.
Sexual contact with person incapable of consent

Sexual contact with person incapable of consent is a Class 4 felony.

  1. The limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22-7.2.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Sexual contact with person under 16 by person under 16

Sexual contact with a person under 16 by a person under 16 is a Class 1 misdemeanor.

  1. The limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22-7.3.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Sexual contact without consent

Sexual contact without consent is a Class 1 misdemeanor and the offender must be at least 16.

  1. The limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22-7.6.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Sexual contact or penetration by correctional facility employee with inmate

Sexual contact or penetration by a correctional facility employee with an inmate that does not otherwise constitute a felony under chapter 22-22 is a Class 6 felony if victim is an adult and Class 4 felony if the victim is a juvenile.

  1. The limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22-7.6.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Subsequent conviction of rape of or sexual contact with a child under 16

Class 2 felony if offender has a previous conviction for violation of § 22-22-1(5) (sexual penetration occurs and victim is at least 13 but under 16 and offender is at least three years older than victim) or § 22-22-7 (sexual contact with person under 16).

  1. The limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22-7.7.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Sexual exploitation of a minor

This crime is a Class 6 felony, or Class 5 felony if the offender is convicted of a second or subsequent violation within 15 years of the prior conviction.

  1. The time limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22-24.3.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Sexual contact with emotionally dependent patient by psychotherapist
  1. Citation for the crime: S.D. Codified Laws § 22-22-28.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Sexual penetration of emotionally dependent patient by psychotherapist

Sexual penetration of emotionally dependent patient by psychotherapist is a Class 4 felony.

  1. The time limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22-29.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Incest

Incest is a Class 5 felony.

  1. The time limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22A-2.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.
Aggravated incest—Related Child

Aggravated incest is a Class 3 felony.

  1. The time limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22A-3.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-1.
Aggravated incest—Foster Child

Aggravated incest is a Class 3 felony.

  1. The time limit is within seven years after commission of the offense.
  1. Citation for the crime: S.D. Codified Laws § 22-22A-3.1.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-1.

Are there any exceptions to the statute of limitations laws?
South Dakota ^
  • None specified.
Anything else I should know?
South Dakota ^
  • S.D. Codified Laws § 23A-42-5 Tolling of limitation period while defendant is out of state:
    • If when or after the offense is committed the defendant is out of the state, the statute of limitations is tolled during the time the defendant is not an inhabitant within the state.





Tennessee What is the statute of limitations? Statutory Citation(s):
Aggravated rape

Aggravated rape is a Class A felony.

  1. The time limit is within 15 years after the commission of the crime.
  2. When committed against a child prior to July 1, 1997, within 4 years of the commission of the offense or by the time the child attains the age of majority, whichever occurs later.
  3. When committed against a child on or after July 1, 1997, but prior to June 20, 2006, no later than when the child reaches 21, or within 15 years of the commission of the crime, whichever is later.
  4. When committed against a child on or after June 20, 2006, but prior to July 1, 2014, no later than 25 years from the date on which victim attains the age of 18.
  5. If the victim notifies law enforcement of the office of the attorney general within 3 years of the offense, and the offense was committed on or after July 1, 2014, or prior to July 1, 2014, unless prosecution is barred because the applicable time limitation expired prior to July 1, 2014, then there is no time limitation.
  1. Citation for the crime: Tenn. Code § 39-13-502 .
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.
Rape

Rape is a class B felony.

  1. The time limit is within 8 years of the commission of the offense.
  2. When committed against a child prior to July 1, 1997, within 4 years of the commission of the offense or by the time the child attains the age of majority, whichever occurs later.
  3. When committed against a child on or after July 1, 1997, but prior to June 20, 2006, no later than when the child reaches 21, or within 8 years of the commission of the crime, whichever is later.
  4. When committed against a child on or after June 20, 2006, but prior to July 1, 2014, no later than 25 years from the date on which victim attains the age of 18.
  5. If the victim notifies law enforcement of the office of the attorney general within 3 years of the offense, and the offense was committed on or after July 1, 2014, or prior to July 1, 2014, unless prosecution is barred because the applicable time limitation expired prior to July 1, 2014, then there is no time limitation.
  1. Citation for the crime: Tenn. Code § 39-13-503.
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.
Aggravated sexual battery

Aggravated sexual battery is a Class B felony.

  1. The time limit is within 8 years of the commission of the offense.
  2. When committed against a child prior to July 1, 1997, within 4 years of the commission of the offense or by the time the child attains the age of majority, whichever occurs later.
  3. When committed against a child on or after July 1, 1997, but prior to June 20, 2006, no later than when the child reaches 21, or within 8 years of the commission of the crime, whichever is later.
  4. When committed against a child on or after June 20, 2006, no later than 25 years from the date on which victim attains the age of 18.
  1. Citation for the crime: Tenn. Code § 39-13-504.
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.
Sexual battery

Sexual battery is a Class E felony.

  1. The time limit is within 2 years of the commission of the offense.
  2. When committed against a child prior to July 1, 1997, within 4 years of the commission of the offense or by the time the child attains the age of majority, whichever occurs later.
  3. When committed against a child on or after July 1, 1997, but prior to June 20, 2006, no later than when the child reaches 21, or within 2 years of the commission of the crime, whichever is later.
  4. When committed against a child on or after June 20, 2006, no later than 25 years from the date on which victim attains the age of 18.
  1. Citation for the crime: Tenn. Code § 39-13-505.
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.
Statutory rape

This crime is:

  • Mitigated statutory rape, Class E felony, if victim is at least 15 but under 18, and offender is at least four but not more than five years older than victim.
  • Statutory rape, Class E felony, if:
  • Victim is at least 13 but under 15, and offender is at least four years older but less than 10 years older than victim, or
  • Victim is at least 15 but under 18, and offender is more than five years older but less than 10 years older than victim.
  • Aggravated statutory rape, Class D felony, if victim is at least 13 but under 18, and offender is at least 10 years older than victim.

The statute of limitations depends on the Class of the felony:

  1. For a Class D felony, within four years after commission of the offense; or
  2. For a Class E felony, within two years after commission of the offense.

1.     Citation for the crime: Tenn. Code § 39-13-506.

  1. Citation for the statute of limitations: Tenn. Code § 40-2-101.    
Rape of a child more than three but under 13

Rape of a child more than three but under 13 is a Class A felony if the offence occurred prior to July 1, 1997 or on or after July 1, 2014;

  1. The time limit is within 15 years of the commission of the offense;
  2. When committed against a child on or after July 1, 1997, but prior to June 20, 2006, within 15 years of the commission of the offense or by the time the child attains the age of 21, whichever occurs later;
  3. When committed against a child on or after June 20, 2006, but prior to July 1, 2014, no later than 25 years from the date on which victim attains the age of 18.
  4. If the victim notifies law enforcement of the office of the attorney general within 3 years of the offense, and the offense was committed on or after July 1, 2014, or prior to July 1, 2014, unless prosecution is barred because the applicable time limitation expired prior to July 1, 2014, then there is no time limitation.
  1. Citation for the crime: Tenn. Code § 39-13-522.
  2. Citation for the crime: Tenn. Code § 40-2-101.
Sexual battery by an authority figure

Sexual battery by an authority figure is a Class C felony.

  1. The time limit is within 4 years after the commission of the crime;
  2. When committed agaist a child on or agter June 20, 2006, no later than 25 years from the date on which victim attains the age of 18.
  1. Citation for the crime: Tenn. Code § 39-13-527.
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.
Aggravated rape of a child three years or less

Aggravated rape of a child three years or less is a Class A felony.

  1. Legal proceedings against the perpetrator must be brought within 15 years after commission of the offense if the offense occurred prior to June 1, 2007 or on or after July 1, 2014.
  2. When committed against a child on or after June 1, 2007, but prior to July 1, 2014, no later than 25 years from the date on which victim attains the age of 18.
  3. If the victim notifies law enforcement of the office of the attorney general within 3 years of the offense, and the offense was committed on or after July 1, 2014, or prior to July 1, 2014, unless prosecution is barred because the applicable time limitation expired prior to July 1, 2014, then there is no time limitation.
  1. Citation for the crime: Tenn. Code § 39-13-531.
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.
Statutory rape by an authority figure

Statutory rape by an authority figure is a Class C felony.

  1. The time limit is within 4 years of the commission of the offense if the offense occurred prior to July 1, 2007.
  2. When committed against a child on or after July 1, 2007, no later than 25 years from the date on which victim attains the age of 18.
  1. Citation for the crime: Tenn. Code § 39-13-532.
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.
Incest

Incest is a Class C felony.

  1. The time limit is within 4 years after the commission of the offense;
  2. When committed against a child prior to July 1, 1997, within 4 years after commission of the offense or by the time the child attains the age of majority, whichever occurs later;
  3. When committed against a child on or after July 1, 1997, but prior to June 20, 2006, within 4 years of the commission of the offense or by the time the child attains the age of 21, whichever occurs later;
  4. When committed against a child on or after June 20, 2006, no later than 25 years from the date on which victim attains the age of 18.
  1. Citation for the crime: Tenn. Code § 39-15-302.
  2. Citation for the statute of limitations: Tenn. Code § 40-2-101.

Are there any exceptions to the statute of limitations laws?
Tennessee ^
  • Note: A DNA exception has been proposed (H.B. 2308, S.B. 2037. Creates an exception to the statute of limitations where an offender is identified through DNA analysis.
Anything else I should know?
Tennessee ^
  • Tenn. Code § 40-2-103 Concealment of crime or absence from state:
    • No period during which the party charged was not usually and publicly resident within the state is included in the period of limitation.
  • State v. Henry, 834 S.W.2d 273 (Tenn. 1992):
    • Four year statute of limitations on prosecution for incest is not tolled by defendant’s parental control over victim.
  • Oregon v. State, 874 S.W.2d 6 (Tenn. 1994):
    • Amendments to statute of limitations for aggravated sexual battery and child sex abuse cases do not apply retroactively.





Texas What is the statute of limitations? Statutory Citation(s):
Continuous sexual abuse of a young child or children

Continuous sexual abuse of a young child or children is a felony of the first degree.

  1. There is no limit for this crime.
  1. Citation for the crime: Tex. Penal Code § 21.02.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.
Improper relationship between educator and student
  1. The time limit is within 3 years after commission of the offense.
  1. Citation for the crime: Tex. Penal Code § 21.12.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.
Sexual assault
  1. The time limit is within 10 years after commission of the offense; or
  2. If the crime is committed against a child, then no time limit.
  3. If the offense does not involve a child, there are two circumstances in which there is no time limit: (1) probable cause exists to believe that the defendant has committed the same offense or a similar sexual offense against five or more victims; or (2) during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertainable.
  1. Citation for the crime: Tex. Penal Code § 22.011.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.
Aggravated sexual assault
  1. The time limit is within 10 years after the commission of the offense; or
  2. If the crime is committed against a child, then no time limit.
  1. Citation for the crime: Tex. Penal Code § 22.021.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.
Prohibited sexual conduct
  1. The time limit is within 3 years after the commission of the offense.
  1. Citation for the crime: Tex. Penal Code § 25.02.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.
Indecency with a child
  1. There is no time limit for this crime.
  1. Citation for the crime: Tex. Penal Code § 21.11.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.

Are there any exceptions to the statute of limitations laws?
Texas ^
  • Tex. Code Crim. Proc. art. 12.01 Felonies
    • No limitation for sexual assault if, during the investigation of the offense, biological matter is collected and subjected to DNA testing, and the testing results show that the matter does not match victim or any other person whose identity is readily ascertained.
Anything else I should know?
Texas ^
  • Tex. Code Crim. Proc. art. 12.05 Absence from State and time pendency of indictment, etc., not computed:
    • (a) The time during which the accused is absent from the state shall not be computed in the period of limitations;
    • (b) The time during the pendency of an indictment, information or complaint shall not be computed in the period of limitation.                                    
    • Placette v. M.G.S.L., 2010 WL 1611018 (Tex.App.):
      • Victim of sexual assault was not entitled to equitable tolling of the five-year statute of limitations period for her sexual assault claim against her abuser, because she was not so mentally impaired that she was unable to participate in, control or understand the progression and disposition of a lawsuit).





Utah What is the statute of limitations? Statutory Citation(s):
Unlawful sexual activity with a minor

This crime is a:

  1. Third degree felony; or
  2. Class B misdemeanor if the offender is less that 4 years older than the minor victim.

The time limit depends on the type of crime:

  1. Within 4 years after commission of the offense when it is a felony; or
  2. Within 2 years after commission of the offense when it is a misdemeanor.
  1. Citation for the crime: Utah Code Ann. § 76-5-401.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302.
Sexual abuse of a minor
  1. The time limit is within 2 years after commission of the offense.
  2. However, if at the time of the offense the actor is over 18, held a position of special trust as at teacher or volunteer at a school, and committed the offense against an individual who at the time of the offense was enrolled as a student where the actor was employed or volunteered, the time limit is four years.
  1. Citation for the crime: Utah Code Ann. § 76-5-401.1.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302.
Unlawful sexual conduct with a 16 or 17 year old

This crime:

  • Is a felony: unless,
  • the offender touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes the minor to take indecent liberties with the offender or another person, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant, in which case the offense is a misdemeanor.
  • However, although designated as a misdemeanor, this conduct is classified as a felony if at the time of the offense the actor is over 18, held a position of special trust as at teacher or volunteer at a school, and committed the offense against an individual who at the time of the offense was enrolled as a student where the actor was employed or volunteered, the time limit is four years.

The time limit depends on the type of crime:

  1. Within 4 years after commission of the offense when it is a felony; or
  2. Within 2 years after commission of the offense when it is a misdemeanor.
  1. Citation for the crime: Utah Code Ann. § 76-5-401.2.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302.
Rape
  1. There is no limit for this crime.
  1. Citation for the crime: Utah Code Ann. § 76-5-402.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-301.
Rape of a child under 14
  1. There is no limit for this crime.
  1. Citation for the crime: Utah Code Ann. § 76-5-402.1.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-301.
Object rape of a person 14 and older
  1. There is no limit for this crime.
  1. Citation for the crime: Utah Code Ann. § 76-5-402.2.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-301.
Object rape of a child
  1. There is no limit for this crime.
  1. Citation for the crime: Utah Code Ann. § 76-5-402.3.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-301.
Sodomy; forcible sodomy
  1. The time limit for sodomy is within 2 years of the commission of the offense.
  2. There is no time limit for forcible sodomy.
  1. Citation for the crime: Utah Code Ann. § 76-5-403.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302; and Utah Code Ann. § 76-1-301.
Sodomy on a child
  1. There is no limit for this crime.
  1. Citation for the crime: Utah Code Ann. § 76-5-403.1.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-301.
Forcible sexual abuse
  1. The time limit is within 8 years after the commission of the offense, provided that the offense was reported to a law enforcement agency within 4 years after the commission of the offense, otherwise the time limit is four years.
  1. Citation for the crime: Utah Code Ann. § 76-5-404.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302.
Sexual abuse of a child; aggravated sexual abuse of a child
  1. There is no statute of limitations for this crime.
  1. Citation for the crime: Utah Code Ann. § 76-5-404.1.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-301.
Aggravated sexual assault
  1. There is no limit for this crime.
  1. Citation for the crime: Utah Code Ann. § 76-5-405.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-301.
Custodial sexual relations; custodial sexual misconduct
  1. The time limit is within 4 years after the commission of the offense.
  2. However, if the actor knows or should have known that the victim is in custody, and the conduct does not otherwise constitute a felony, but involves touching of the buttocks, anus, any part of the genitals, the breasts of a female, taking indecent liberties or causing a person in custody to take indecent liberties with the actor or another person, then the time limit is within 2 years after the commission of the offense, unless the victim is under 18, in which case the time limit is still 4 years.
  1. Citation for the crime: Utah Code Ann. § 76-5-412.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302.
Custodial sexual relations or misconduct with youth receiving state services
  1. The time limit is within 4 years after the commission of the offense However, if the actor knows or should have known that the victim is a youth receiving state services, and the conduct does not otherwise constitute a felony, but involves touching of the buttocks, anus, any part of the genitals, the breasts of a female, taking indecent liberties or causing a person in custody to take indecent liberties with the actor or another person, then the time limit is within 2 years after the commission of the offense, unless the victim is under 18, in which case the time limit is still 4 years.
  1. Citaion for the crime: Utah Code Ann. § 76-5-413.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302.
Incest
  1. The time limit is within 8 years after the offense is committed, provided that the offense was reported to a law enforcement agency within 4 years after commission of the offense, otherwise the time limit is four years.
  1. Citation for the crime: Utah Code Ann. § 76-7-102.
  2. Citation for the statute of limitations: Utah Code Ann. § 76-1-302.

Are there any exceptions to the statute of limitations laws?
Utah ^
  • Utah Code Ann. § 76-1-302 Time limitations for prosecution of offenses:
    • For the following offenses, prosecution may be commenced at any time if the identity of the person who committed the offense is unknown but DNA evidence is collected that would identify the person at a later date:
      • Rape (§ 76-5-402)
      • Rape of a child (§ 76-5-402.1)
      • Object rape (§ 76-5-402.2)
      • Object rape of a child (§ 76-5-402.3)
      • Forcible sodomy (§ 76-5-403 (2))
      • Sodomy on a child (§ 76-5-403.1)
      • Forcible sexual abuse (§ 76-5-404)
      • Aggravated sexual abuse of a child and sexual abuse of a child (§ 76-5-404.1)
      • Aggravated sexual assault (§ 76-5-405)
      • Sexual exploitation of a minor
      • Sexual exploitation of a vulnerable adult
      • (2) (b) The above provision does not apply if the statute of limitations on an offense has run as of May 5, 2003, and no charges have been filed;
      • (3) If the statute of limitations would have run but for the provisions of Subsection (2) and identification of a perpetrator is made through DNA, a prosecution shall be commenced within one year of the discovery of the identity of the perpetrator.
Anything else I should know?
Utah ^
  • Utah Code Ann. § 76-1-304 Defendant out of state
    • (1) The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense.
    • (2) If the defendant has entered into a plea agreement with the prosecution and later successfully moves to invalidate his conviction, the period of limitation is suspended from the time of the entry of the plea pursuant to the plea agreement until the time at which the conviction is determined to be invalid, and that determination becomes final.
    • (3) For purposes of this section, “final”

(a) all appeals have been exhausted;

(b) no judicial review is pending;

(c) no application for judicial review is pending

    • (4) When the period of limitation is suspended pursuant to Subsection (2), the suspension includes any charges to which the defendant pleaded guilty pursuant to a plea agreement, charges which were dismissed as a result of a plea agreement, as well as any known charges which were not barred at the time of entry of the plea.
    • (5) Notwithstanding any other limitation, a prosecution may be commenced for charges described in Subsection (4) within one year after a plea entered pursuant to a plea agreement has been determined to be invalid, and that determination becomes final.
  • State v. Lavoto, 776 P.2d 912 (Utah 1989):
    • Eight year statute of limitations period in statute that created crimes of “rape of child,” “object rape of child,” “sodomy on child,” and “sexual abuse of a child,” applied only to such crimes and not to the standard, generic crimes of rape and sodomy, which provided a bases of prosecution prior to the amendment in cases in which the victims were children.





Vermont What is the statute of limitations? Statutory Citation(s):
Sexual abuse of a vulnerable adult
  1. A case must be brought against the perpetrator within 6 years after the commission of the offense.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 1379.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Sexual assault
  1. A case must be brought against the perpetrator within 6 years after the commission of the offense.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 3252.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Aggravated sexual assault
  1. There is no limit for this crime.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 3253.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Aggravated sexual assault of a child
  1. There is no limit for this crime.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 3253a.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Sexual exploitation of an inmate
  1. The limit is within 3 years after the commission of the offense.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 3257.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Sexual exploitation of a minor
  1. The time limit is within 40 years after the commission of the offense.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 3258.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Lewd and lascivious conduct
  1. When committed against a child 18 or under, the time limit is within 40 years after commission of the offense;
  2. Otherwise, within 6 years after the commission of the offense.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 2601.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Lewd or lascivious conduct with child under 16
  1. The time limit is within 40 years after commission of the offense.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 2602.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Fornication by persons prohibited to marry
  1. The limit is within 3 years after the commission of the offense.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 205.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Human Trafficking
  1. There is no limit for this crime.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 2652.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.
Aggravated human trafficking
  1. There is no limit for this crime.
  1. Citation for the crime: Vt. Stat. Ann. tit.13, § 2653.
  2. Citation for the statute of limitations: Vt. Stat. Ann. tit.13, § 4501.

Are there any exceptions to the statute of limitations laws?
Vermont ^
  • None specified.
Anything else I should know?
Vermont ^
  • None specified.





Virgin Islands What is the statute of limitations? Statutory Citation(s):
Aggravated rape, first degree
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 1700.
  2. Citation for the statute of limitations: V.I. Code Ann. tit. 15, § 3541.
Aggravated rape, second degree
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 1700a.
  2. Citation for the statute of limitations: V.I. Code Ann. tit. 15, § 3541.
Rape, first degree
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 1701.
  2. Citation for the statute of limitations: V.I. Code Ann. tit. 15, § 3541.
Rape, second degree
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 1702.
  2. Citation for the statute of limitations: V.I. Code Ann. tit. 15, § 3541.
Rape, third degree
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 1703.
  2. Citation for the statute of limitations: V.I. Code Ann. tit. 15, § 3541.
Unlawful sexual contact, first degree
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 1708.
  2. Citation for the statute of limitations: V.I. Code Ann. tit. 15, § 3541.
Unlawful sexual contact, second degree
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 1709.
  2. Citation for the statute of limitatons: V.I. Code Ann. tit. 15, § 3541.
Incest
  1. There is no limit for this crime.
  1. Citation for the crime: V.I. Code Ann. tit. 14, § 961.
  2. Citation for the statute of limitations: V.I. Code Ann. tit. 15, § 3541.

Are there any exceptions to the statute of limitations laws?
Virgin Islands ^
  • None specified.
Anything else I should know?
Virgin Islands ^
  • V.I. Code Ann. tit. 5, § 3541.
    • (b) If the defendant is out of the Virgin Islands when the offense is committed, the information may be filed within the term herein limited after his coming within the Virgin Islands, and no time during which the defendant is not an inhabitant of, or usually resident within, the Virgin Islands is part of the limitation.





Virginia What is the statute of limitations? Statutory Citation(s):
Rape
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-61.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Carnal knowledge of child between 13 and 15
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-63.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Carnal knowledge of certain minors
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-64.1.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Carnal knowledge of an inmate, parolee, probationer, detainee, or pre-trial or post-trial offender
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-64.2.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Forcible sodomy
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-67.1.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Object sexual penetration
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-67.3.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Aggravated sexual battery
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-67.3.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Sexual battery
  1. The limit is within 1 year after the commission of the crime.
  1. Citation for the crime: Va. Code § 18.2-67.4.
  2. Citation for the statute of limitations: Va. Code § 19.2-8.
Infected sexual battery

This crime is a:

  • Class 1 misdemeanor when the offender is aware that the offender is infected with HIV, syphilis, or hepatitis B, and engages in sexual penetration with the victim without having previously disclosed the existence of his infection to the victim; or
  • Class 6 felony when there is intent to transmit the infection.

The time limit depends on the type of crime:

  1. Within 1 year after the commission of the offense when it is a Class 1 misdemeanor; or
  2. No time limit for this crime when it is a Class 6 felony.
  1. Citation for the crime: Va. Code § 18.2-67.4.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Sexual abuse of a child under 15
  1. The time limit is within 1 year after the commission of the offense.
  1. Citation for the crime: Va. Code § 18.267.4:2.
  2. Citation for the statute of limitations: Va. Code § 19.2-8.
Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery

This crime is classified as follows:

  • Attempted rape, attempted forcible sodomy, and attempted object sexual penetration are Class 4 felonies.
  • Attempted aggravated sexual battery is a Class 6 felony.
  • Attempted sexual battery is a Class 1 misdemeanor.

The time limit depends on the type of crime:

  1. Within 1 year after the commission of the offense when it is a Class 1 misdemeanor; or
  2. No time limit when it is a Class 4 or Class 6 felony.
  1. Citation for the crime: Va. Code § 18.2-67.5.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Adultery and fornication by persons forbidden to marry; incest

This crime is classified as follows:

  • Class 1 misdemeanor; or
  • Class 3 felony when the offender commits incest with the offender's child or grandchild, and such child or grandchild is at least 13 but under 18; or
  • Class 5 felony when the offender commits incest with the offender's child, grandchild, or parent.

The time limit depends on the type of crime:

  1. Within 1 year after the commission of the crime when it is a Class 1 misdemeanor; or
  2. No time limit when it is a Class3 or Class 5 felony.
  1. Citation for the crime: Va. Code § 18.2--366
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Taking indecent liberties with children; penalties
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2--370.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Taking indecent liberties with child by person in custodial or supervisory relationship
  1. There is no limit for this crime.
  1. Citation for the crime: Va. Code § 18.2-370.1.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).
Penetration of mouth of child with lascivious intent
  1. The limit is within 1 year after the commission of the offense.
  1. Citation for the crime: Va. Code § 18.2-370.6.
  2. Citation for the statute of limitations: Va. Code § 19.2-8.

Are there any exceptions to the statute of limitations laws?
Virginia ^
  • None specified.
Anything else I should know?
Virginia ^
  • The statute of limitations does not apply to any person fleeing from justice or concealing himself within or without the state to avoid arrest.





Washington What is the statute of limitations? Statutory Citation(s):
Rape, first degree
  1. Prosecution must commence within ten years after commission of the offense; or
  2. If the crime is not reported within one year after commission, then prosecution must begin within three years after commission of the offense; or
  3. If the offense is committed against a victim under the age of 18, it may be prosecuted up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.040
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080
Rape, second degree
  1. Prosecution must commence within ten years after commission of the offense; or
  2. If the crime is not reported within one year after commission, then prosecution must begin within three years after commission of the offense; or
  3. If the offense is committed against a victim under the age of 18, it may be prosecuted up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.050.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Rape, third degree
  1. Prosecution must commence within three years after commission of the offense.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.060.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Rape of a child, first degree
  1. Prosecution may commence up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.073.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Rape of a child, second degree
  1. Prosecution may commence up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.076.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Rape of a child, third degree
  1. Prosecution may commence up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.079.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Child molestation, first degree
  1. Prosecution may commence up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.083.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Child molestation, third degree
  1. Prosecution may commence up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.089.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Sexual misconduct with a minor, first degree
  1. Prosecution must commence within three years after commission of the offense.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.093.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Sexual misconduct with a minor, second degree
  1. Prosecution must commence within two years after commission of the offense.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.096.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Custodial sexual misconduct, first degree
  1. Prosecution must commence within three years after commission of the offense.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.160.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Custodial sexual misconduct, second degree
  1. Prosecution must commence within two years after commission of the offense.
  1. Citation for the crime: Wash. Rev. Code § 9A.44.170.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.
Incest
  1. Prosecution must commence within three years after commission of the offense; or
  2. If the offense is committed against a victim under the age of 18, it may be prosecuted up to the day the victim turns 30.
  1. Citation for the crime: Wash. Rev. Code § 9A.64.020.
  2. Citation for the statute of limitations: Wash. Rev. Code § 9A.04.080.

Are there any exceptions to the statute of limitations laws?
Washington ^
  • Wash. Rev. Code § 9A.04.080 Limitations of actions
    • The limitations periods does not run during any time when the person is not usually and publicly a resident within the state.
    • If during a limitations period an indictment has been found or a complaint or information has been filed, and then any of these are set aside, then the limitations period is extended by a period equal to the length of the time from the finding or filing to the setting aside.
    • (3) For any sex offense that is a violation of chapter 9A.44 or a violation of incest (§ 9A.64.020), prosecution must be commenced within the period of limitation as described above, or within one year after the identity of offender is conclusively established by DNA testing, whichever is later.
    • State v. McConnell 178 Wash. App. 592. (2013). 
      • (1) Identity of suspect not “conclusively established” until DNA testing matches the DNA profile of an unknown suspect to the DNA profile of a known suspect for purposes of 10-year statute of limitation for rape in the 1st degree;
      • (2) state’s 13-year delay in filing rape charges did not violate defendant’s due process rights.
Anything else I should know?
Washington ^
  • Not specified.





West Virginia What is the statute of limitations? Statutory Citation(s):
Sexual assault, first degree
  1. There is no limit for this crime.
  1. Citation for the crime: W. Va. Code § 61-8B-3.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).
Sexual assault, second degree
  1. There is no limit for this crime.
  1. Citation for the crime: W. Va. Code § 61-8B-3.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).
Sexual assault, third degree
  1. There is no limit for this crime.
  1. Citation for the crime: W. Va. Code § 61-8B-3.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).
Sexual abuse, first degree
  1. There is no limit for this crime.
  1. Citation for the crime: W. Va. Code § 61-8B-3.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).
Sexual abuse, second degree
  1. The limit is wihin 1 year after the commission of the offense.
  1. Citation for the crime: W. Va. Code § 61-8B-8.
  2. Citation for the statute of limitations: W. Va. Code § 61-11-9.
Sexual abuse, third degree
  1. The limit is wihin 1 year after the commission of the offense.
  1. Citation for the crime: W. Va. Code § 61-8B-9.
  2. Citation for the statute of limitations: W. Va. Code § 61-11-9.
Imposition of sexual acts on persons incarcerated or under supervision
  1. There is no limit for this crime.
  1. Citation for the crime: W. Va. Code § 61-8B-10.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).
Sexual abuse by parent, guardian, custodian, or person in a position of trust to child
  1. There is no limit for this crime.
  1. Citation for the crime: W. Va. Code § 61-8B-10.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).
Incest
  1. There is no limit for this crime.
  1. Citation for the crime: W. Va. Code § 61-8B-10.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Are there any exceptions to the statute of limitations laws?
West Virginia ^
  • None specified.
Anything else I should know?
West Virginia ^
  • None specified.





Wisconsin What is the statute of limitations? Statutory Citation(s):
Sexual exploitation by therapist
  1. The limit is within 6 years after the commission of the offense.
    1. In computing the time limited by this section, the time during which alleged victim is unable to seek the issuance of a complaint under §968.02 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist, shall not be included.
  1. Citation for the crime: Wis. Stat. § 940.22.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Incest
  1. The time limit is within 15 years after the commission of the offense.
  1. Citation for the crime: Wis. Stat. § 944.06.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Sexual assault of a child
  1. There is no time limit for First Degree Sexual Assault;
  2. A prosecution for Second Degree Sexual Assault must be commenced before the victim reaches the age of 45.
  1. Citation for the crime: Wis. Stat. § 948.02.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Engaging in repeated acts of sexual assault of the same child
  1. There is no time limit for violations of subsections 1(a) through 1(d) of this statute.
  2. Before the victim reaches the age of 45 for a violation of subsection 1(e) of this statute.
  1. Citation for the crime: Wis. Stat. § 948.025.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Sexual exploitation of a child
  1. The time limit is before the victim reaches the age of 45.
  1. Citation for the crime: Wis. Stat. § 948.05.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Incest with a child
  1. The time limit is before the victim reaches the age of 45.
  1. Citation for the crime: Wis. Stat. § 948.06.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Sexual assault of a child placed in substitute care
  1. The time limit is before the victim reaches the age of 45.
  1. Citation for the crime: Wis. Stat. § 948.085.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Sexual intercourse with a child 16 or over
  1. The limit is within 3 years after the commission of the offense.
  1. Citation for the crime: Wis. Stat. § 948.09.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Sexual assault of a child by a school staff person or a person who works or volunteers with children
  1. The time limit is before the victim reaches the age of 45.
  1. Citation for the crime: Wis. Stat. § 948.095.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.
Sexual Assault

The limit depends on the type of crime:

  1. There is no limit for Sexual Assault in the First Degree;
  2. Within 6 years after the commission of the offense for Sexual Assault in the Second and Third Degree; or
  3. Within 3 years after the commission of the offense for Sexual Assault in the Fourth Degree.
  1. Citation for the crime: Wis. Stat. § 940.225.
  2. Citation for the statute of limitations: Wis. Stat. § 939.74.

Are there any exceptions to the statute of limitations laws?
Wisconsin ^
  • Wis. Stat. § 939.74 provides that in computing the time that has elapsed under the statute of limitations, “the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information has been filed.”
  • Wis. Stat. § 939.74 also has a DNA exception which provides:
    • (c) If, before the applicable time limitation under sub. (1) or (2)(am), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948, other than a felony specified in sub. (2)(a), expires, the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for the felony or a crime that is related to the felony or both within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.
    • (e) If, within 6 years after commission of a felony specified under sub. (2)(a), the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for a crime that is related to the felony within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.
Anything else I should know?
Wisconsin ^
  • None specified.





Wyoming What is the statute of limitations? Statutory Citation(s):
Sexual assault, first degree
  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Sexual assault, second degree
  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Sexual assault, third degree
  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Sexual battery

This crime is a misdemeanor.

  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Sexual abuse of a minor, first degree; penalties
  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Sexual abuse of a minor, second degree; penalties
  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Sexual abuse of a minor, third degree
  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Sexual abuse of a minor, fourth degree
  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).
Incest

This crime is a felony.

  1. There is no limit for this crime.
  1. Citation for the crime: Wyo. Stat. § 6-2-302.
  2. Citation for the statute of limitations: Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012).

Are there any exceptions to the statute of limitations laws?
Wyoming ^
  • None specified.
Anything else I should know?
Wyoming ^
  • Although Wyoming has no statute of limitations for any criminal offense, due process concerns may arise when delay in bringing charges results in prejudice to a defendant. In such cases, the charges may be dismissed if the defendant demonstrates that a pre-indictment delay causes substantial prejudice to his or her right to a fair trial and that the delay was intentional to gain a tactical advantage.








DNA evidence can increase likelihood of holding a perpetrator accountable.

Read More

Sexual violence has fallen by half in the last 20 years.

More Stats

The National Sexual Assault Hotline will always be free — with your help.

Donate Now