Criminal Statutes of Limitations
Florida

The statute of limitations depends on the specifics of the acts committed and the relative ages of the offender and victim, as outlined below:

1.      Lewd or lascivious battery

i.  Felony of the second degree if the 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 the law; but it is a

        ii.  Felony of the first degree if the offender is at least 18 and has been previously convicted of a                   prior felony,  kidnapping, kidnapping of a child under 13, aggravating circumstances; false                       imprisonment, false imprisonment of a child under 13, aggravating circumstances; sexual                         battery under Chapter 794, through a lewd act committed on or in the presence of persons                       under 16 or by certain computer transmissions prohibited under § 847.0135(5), or of lewd or                   lascivious offenses committed upon or in the presence of an elderly person or disabled person,                 computer pornography, or committed on or in the presence of persons under 16.

2.      Lewd or lascivious molestation

If the offender intentionally touches in a lewd or lascivious manner a person’s breasts, genitals, genital   area, or buttocks, or the clothing over them, is a:

        i.  Life felony if offender is at least 18 and the victim under 12; 

        ii.  Felony of the first degree if offender is at least 18 and has been previously convicted of a prior                felony; kidnapping, kidnapping of a child under 13, aggravating circumstances; false                                imprisonment, false imprisonment of a child under 13, aggravating circumstances; sexual                        battery under Chapter 794, through a lewd act committed on or in the presence of persons                      under 16 or certain computer transmissions prohibited under § 847.0135(5), lewd or lascivious                offenses committed upon or in the presence of an elderly person or disabled person; computer                pornography, or on or in the presence of persons under 16;

iii.  Felony of the second degree if offender is under 18 and the victim is under 12, or if offender is          at least 18 and victim is at least 12 but under 16; or

         iv.  Felony of the third degree if offender is under 18 and the victim is at least 12 but under 16.

3.      Lewd or lascivious conduct

If the offender intentionally touches a person under 16 years of age in a lewd or lascivious manner; or solicits a person under 16 years of age to commit lewd or lascivious conduct, is a:

        i.  Felony of the second degree if offender 18 or older; or

        ii.  Felony of the third degree if offender less than 18.

4.      Lewd or lascivious exhibition

If the offender intentionally masturbates, exposes the genitals in a lewd or lascivious manner, or commits any sexual act that does not involve actual physical or sexual conduct with a child that is under 16 years, is a:

        i.  Felony of the second degree if offender 18 or older; or

        ii.  Felony of the third degree if offender less than 18.

The statute of limitations is as follows:

1.      No limitation for a capital felony, life felony, or a felony that resulted in death;

2.      No limitation for Lewd or Lascivious Battery or Molestation under Fla. Stat. § 800.04(4) or (5), if               committed against a victim under 16, unless the offender was under 18 and no more than four                 years older than the victim;

3.      For a felony of the first degree, prosecution must commence within four years after commission of           the act;

4.      For a second or third degree felony offenses, prosecution must commence within three years after           commission of the act;

5.      If the victim was under 18 at the time the act, the time does not begin to run until victim has                   reached 18 or the offense is reported to law enforcement, whichever occurs first.

The statute of limitations depends on the specifics of the acts committed and the relative ages of the offender and victim, as outlined below:   

1.  Computer Pornography

Felony of the third degree if a person knowingly uses a computer or any computerized device to buy, sell, receive, exchange, or disseminate, any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct.

 2.  Certain uses of computer services or devices prohibited

i.  Felony of the third degree if a person knowingly uses a computer online service or a device              capable of electronic data storage or transmission to seduce, solicit, lure, or entice a child or 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; but it is a

ii.  Felony of the second degree if a person commits this offense by misrepresenting his or her age.

3.  Traveling to meet a minor

Felony of the second degree if a person travels any distance to attempt to engage in unlawful sexual conduct with a child or a person believed to be a child after using a computer online service, internet service, local bulletin board service or any 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.

4.  Certain uses of computer services or devices prohibited

i.  Felony of the third degree if a person intentionally commits a lewd or lascivious exhibition using a      computer, but it is a

ii.  Felony of the second degree if the offender is 18 or older when committing the offense.

The statute of limitations is as follows:

1. For a felony of the first degree, prosecution must commence within four years after commission of the offense;
2. For any other felony, prosecution must commence within three years after commission of the offense.
3. For certain computer actions prohibited by Fla. Stat. § 847.1035(5), if the victim was under 18 at the time the offense was committed, the time 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. § 787.06.
2. Citation for the statute of limitations: Fla. Stat. § 775.15(19).

The statute of limitations depends on the specifics of the acts committed:

1. For a felony that resulted in death, there is no time limitation;
2. For a felony of the first degree, prosecution must commence within four years after commission of the offense.

The statute of limitations depends on the specifics of the acts committed and the relative ages of the offender and victim, as outlined below:

As used in this section, the term “female genital mutilation” means the circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person

1. Felony of the first degree if  offender knowingly commits, or attempts to commit, female genital mutilation upon a female person younger than 18 years of age
2. Felony of the second degree if offender knowingly removes, or causes or permits the removal of, a female person younger than 18 years of age from the state for purposes of committing female genital mutilation.
3. Felony of the third degree if offender is a parent, a guardian, or in a position of familial or custodial authority to a female person younger than 18 years of age and who knowingly consents to or permits the female genital mutilation of that female person. 

The statute of limitations is as follows:

1. No limitation for a felony that resulted in death.
2. For a felony of the first degree, prosecution must commence within four years after commission of the offense;
3. For any other felony, prosecution must commence within three years after commission of the offense.

The statute of limitation depends on the specifics of the acts committed and the relative ages of the offender and victim, as outlined below:

If a minor uses a computer or any other device capable of electronic data transmission or distribution to transmit or distribute to another minor any photograph or video of any person which depicts nudity and is harmful to minors; or possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity and is harmful to minors.

1.  Noncriminal violation for a first violation and must sign and accept a citation to appear before the             juvenile court.

2.  Misdemeanor of the first degree for a violation that occurs after the minor has been found to have             committed a noncriminal violation for sexting.

3.  Felony of the third degree for a violation that occurs after a minor has been found to have                       committed a misdemeanor of the first degree for sexting.

The statute of limitation is as follows:

1.  A prosecution for a noncriminal violation must commence within 1 year after commission of the               offense.

2.  A prosecution for a misdemeanor of the first degree must commence within two years after                     commission of the offense.

3.  A prosecution for a felony of the third degree must commence within three years after commission of       the offense.

1. Citation for the crime: Fla. Stat. § 847.0141.
2. Citation for the statute of limitations: Fla. Stat. § 775.15(2)(b), (c), and (d).

• Exploited children’s civil remedy

o   Any person who, while under the age of 18, was a victim of a sexual abuse crime listed in Chapter 794, Chapter 800, Chapter 827, or Chapter 847, where any portion of such abuse was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such images or movies, may bring an action in an appropriate state court against the producer, promoter, or possessor of such images or movies, regardless of whether the victim is now an adult. In any action brought under this section, a prevailing plaintiff shall recover the actual damages such person sustained and the cost of the suit, including reasonable attorney’s fees. Any victim who is awarded damages under this section shall be deemed to have sustained damages of at least $150,000.  Fla. Stat. Ann. § 847.01357.

• 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, 1243-44 (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 was 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.