Criminal Statutes of Limitations
Alabama

Last Updated: December 2017
Rape, second degree Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

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).

Statutory citation(s):

    1. Citation for the crime: Ala. Code § 13A-6-62.
  1. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.





Sodomy, first degree Answer

What is the statute of limitations for this crime?

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

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. 

Statutory citation(s):

    1. Citation for the crime: Ala. Code § 13A-6-63.
  1. Citation for the statute of limitations: Ala. Code § 15-3-1 and Ala. Code § 15-3-5.





Sodomy, second degree Answer

What is the statute of limitations for this crime?

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.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

Note: A recent decision held that provision in sexual-misconduct statute, stating that consent is no defense, was unconstitutional as applied to defendant; however, the state could continue to enforce statute in different circumstances where it is not unconstitutional. See Williams v. State, 2015 WL 4066693, *4-5 (Ala. Crim. App. 2015) 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.

Statutory citation(s):

  1. Citation for the crime: Ala. Code § 13A-6-65.
  2. Citation for the statute of limitations: Ala. Code § 15-3-2 and Ala. Code § 15-3-5.





Sexual torture Answer

What is the statute of limitations for this crime?

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.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

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.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

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

  1. If a misdemeanor, 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 15-3-4 or any other felony that has a specified limitations period; or
  3. 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.

Statutory citation(s):

  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 under 16 to enter vehicle, house, etc., for immoral purposes Answer

What is the statute of limitations for this crime?

This crime is a Class C felony.

  1. 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.

Statutory citation(s):

  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 Answer
What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. 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.

Statutory citation(s):

  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 Answer
What is the statute of limitations for this crime?

Note: “School employee” includes a teacher, school administrator, student teacher, safety or resource officer, coach, adult volunteer in a position of authority or any other school employee who has contact with a student in his or her official capacity as a 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.

Statutory citation(s):

  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 under 16 by computer Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. 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.

Statutory citation(s):

  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 under 16 Answer

What is the statute of limitations for this crime?

This crime is a Class C felony.

  1. 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.

Statutory citation(s):

  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 under 16 Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. 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.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

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.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

Note: “School employee” includes a teacher, school administrator, student teacher, safety or resource officer, coach, adult volunteer in a position of authority or any other school employee who has contact with a student in his or her official capacity as a school employee.

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.

Statutory citation(s):

  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 under 16 Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. 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.

Statutory citation(s):

  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 under 16 for an unlawful sex act Answer

What is the statute of limitations for this crime?

This crime is a Class A felony.

  1. 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.

Statutory citation(s):

  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 under 16 for an unlawful sex act Answer

What is the statute of limitations for this crime?

This crime is a Class A felony.

  1. 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.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

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.

Statutory citation(s):

  1. Citation for the crime: Ala. Code § 13A-6-68.
  2. Citation for the statute of limitations: Ala. Code § 15-3-1, Ala. Code § 15-3-2 and Ala. Code § 15-3-5.





Rape, first degree Answer

What is the statute of limitations for this crime?

This crime is a Class A felony.

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).

Statutory citation(s):

  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.





Are there any exceptions to the statute of limitations laws? Answer
Exceptions

None specified.






Anything else I should know? Answer
Anything else I should know?
  • 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 was not commenced until after the statute of limitations applicable to the 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.








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