Criminal Statutes of Limitations
Illinois

Last Updated: December 2016
Are there any exceptions to the statute of limitations laws? Answer
Exceptions
  • 720 Ill. Comp. Stat. § 5/3-7 provides that the following periods of time are excluded from the statute of limitations period:
    • Any time during which the defendant is not usually and publicly resident within the state;
    • Any time during which a prosecution is pending against the defendant for the same conduct, even if the indictment or information that commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal;
    • In the case of sexual assault, during the time after the sexual assault evidence is collected and submitted to the Department of State Police until the completion of the analysis of the submitted evidence;
    • Any time when a material witness (including the victim) is placed on active military duty or leave.
  • 720 Ill. Comp. Stat. § 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 ten (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 three (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 two (2) years after commission of the offense.





Criminal sexual assault Answer

What is the statute of limitations for this crime?

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

  1. If the victim reported the crime to authorities within three (3) years after the commission of the offense, or if the victim is murdered during the course of the offense or within two (2) years after the commission of the offense, and the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  2. If the victim reported the offense to law enforcement authorities within three (3) years after the commission of the offense, a prosecution may be commenced within ten (10) years of the commission of the offense.
  3. If the victim was under eighteen (18) years of age at the time that the offense was committed and corroborating physical evidence is available, or an individual who was required to report an alleged or suspected commission of certain offenses under the Abused and Neglected Child Reporting Act failed to do so, a prosecution may be commenced at any time.
  4. If the victim was under eighteen (18) years of age at the time of the offense, and the above section (3) does not apply, a prosecution may be commenced within twenty (20) years after the child victim reaches eighteen (18) years of age.
  5. If the offender had a professional or fiduciary relationship, or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  6. If none of the above applies, a prosecution must be commenced within three (3) years after the commission of the offense.

Statutory citation(s):

  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(e); (i); (j).





Aggravated criminal sexual assault Answer

What is the statute of limitations for this crime?

This crime is a Class X felony.

  1. If the victim reported the crime to authorities within three (3) years after the commission of the offense, or if the victim was murdered during the course of the offense or within two (2) years after the commission of the offense, and if the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  2. If the victim reported the offense to law enforcement authorities within three (3) years after the commission of the offense, a prosecution may be commenced within ten (10) years of the commission of the offense.
  3. If the victim was under eighteen (18) years of age at the time of the offense, and corroborating physical evidence is available, or an individual who was required to report an alleged or suspected commission of certain offenses under the Abused and Neglected Child Reporting Act failed to do so, a prosecution may be commenced at any time.
  4. If the victim was under eighteen (18) years of age at the time of the offense, and the above section (3) does not apply, a prosecution may be commenced within twenty (20) years after the child victim attains eighteen (18) years of age.
  5. If the offender had a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  6. If none of the above applies, a prosecution must be commenced within three (3) years after the commission of the offense.

Statutory citation(s):

  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(e); (i); (j).





Predatory criminal sexual assault of a child (victim under the age of 13) Answer

What is the statute of limitations for this crime?

This crime is a Class X felony.

  1. If the victim reported the crime to authorities within three (3) years after the commission of the offense, or if the victim was murdered during the course of the offense or within (2) two years after the commission of the offense, and if the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  2. If the victim was under eighteen (18) years of age at the time of the offense, and corroborating physical evidence is available, or an individual who was required to report an alleged or suspected commission of certain offenses under the Abused and Neglected Child Reporting Act failed to do so, a prosecution may be commenced at any time.
  3. If the victim was under eighteen (18) years of age at the time of the offense, and the above section (2) does not apply, a prosecution may be commenced within twenty (20) years after the child victim attains eighteen (18) years of age.
  4. If the offender had a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  5. If none of the above applies, a prosecution must be commenced within three (3) years after the commission of the offense.

Statutory citation(s):

  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(e); (i); (j).





Criminal sexual abuse Answer

What is the statute of limitations for this crime?

The classification of this crime depends on the following:

  • Class A Misdemeanor: If the offender is under seventeen (17) years of age and victim is at least nine (9) years old and under seventeen (17); or if the offender is under seventeen (17) and the victim is at least thirteen (13) years old and under seventeen (17), and the offender is less than five (5) years older than the victim.
  • If the above circumstances do not apply, first violation is a Class 4 Felony, a second or subsequent violation is a Class 2 Felony.

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

Misdemeanor:

  1. If the victim was under eighteen (18) years of age at the time of the offense, a prosecution may be commenced within ten (10) years after the child victim attains eighteen (18) years of age.
  2. If nothing else set forth here applies, prosecution must be commenced within eighteen (18) months of the commission of the misdemeanor.

Felony:

  1. If the victim was under eighteen (18) years of age at the time of the offense, and corroborating physical evidence is available, or an individual who was required to report an alleged or suspected commission of certain offenses under the Abused and Neglected Child Reporting Act failed to do so, a prosecution may be commenced at any time.
  2. If the victim was under eighteen (18) years of age at the time of the offense, and the above section (1) does not apply, a prosecution may be commenced within twenty (20) years after the child victim attains eighteen (18) years of age.
  3. If nothing else set forth here applies, prosecution must be commenced within three years after the commission of the felony.

Either Misdemeanor or Felony:

  1. If the victim reported the crime to authorities within three years after the commission of the offense, or if the victim was murdered during the course of the offense or within two years after the commission of the offense, and if the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  1. If the defendant had a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  2. If the victim was under the age of eighteen (18) at the time of the commission of the offense, a prosecution may be commenced within one (1) year of the victim attaining the age of eighteen (18) years.

Statutory citation(s):

  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; 5/3-6.





Aggravated criminal sexual abuse Answer

What is the statute of limitations for this crime?

This crime is a Class 2 felony.

  1. If the victim reported the crime to authorities within three (3) years after the commission of the offense, or if the victim is murdered during the course of the offense or within two (2) years after the commission of the offense, and if the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  2. If the victim reported the offense to law enforcement authorities within three (3) years after the commission of the offense, a prosecution may be commenced within ten (10) years of the commission of the offense.
  3. If the victim was under eighteen (18) years of age at the time of the offense and corroborating physical evidence is available, or an individual who was required to report an alleged or suspected commission of certain offenses under the Abused and Neglected Child Reporting Act failed to do so, a prosecution may be commenced at any time.
  4. If the victim was under eighteen (18) years of age at the time of the offense, and the above section (3) does not apply, a prosecution may be commenced within twenty (20) years after the child victim attains eighteen (18) years of age.
  5. If the offender held a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  6. If none of the above applies, a prosecution must be commenced within three (3) years after the commission of the offense.

Statutory citation(s):

  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 (e); (i); (j).





Indecent solicitation of a child (by a person 17 years of age or older) Answer

What is the statute of limitations for this crime?

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. A prosecution may be commenced within one year of the victim attaining the age of eighteen (18) years.
  2. For all felonies, legal proceedings against the offender must commence within three (3) years after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

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 three (3) years after commission of the offense; or
  2. If a misdemeanor, legal proceedings against the offender must commence within eighteen (18) months after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

This crime is a Class 4 felony if the offender believes he or she is five (5) or more years older than the child (“child” here meaning any person under seventeen (17) years of age). Otherwise, this crime is a Class A misdemeanor. 

  1. If a felony, legal proceedings against the offender must commence within three (3) years after commission of the offense; or
  2. If a misdemeanor, legal proceedings must commence within eighteen (18) months after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

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 thirteen (13) at the time of the offense, or the violation is committed on or within five hundred (500) feet of elementary or secondary school grounds while children are present. Otherwise, this crime is a Class A misdemeanor.

  1. If a felony, legal proceedings against the offender must commence within three (3) years after commission of the offense; or
  2. A prosecution for sexual exploitation of a child may be commenced within one (1) year of the victim attaining the age of eighteen (18) years. However, in no case shall the time period for prosecution expire sooner than three (3) years after the commission of the offense.
  3. If a misdemeanor, legal proceedings against the offender must commence within eighteen (18) months after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

This crime is a Class 1 felony.

  1. For all felonies, legal proceedings against the offender must commence within three (3) years after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

This crime is a Class 3 felony.

  1. If the offender held a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  1. If the victim reported the crime to authorities within three (3) years after the commission of the offense, or if the victim is murdered during the course of the offense or within two (2) years after the commission of the offense, and if the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  2. If neither of the above applies, legal proceedings against the offender must commence within three (3) years after the commission of the offense.

Statutory citation(s):

  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; 5/3-6.





Sexual misconduct with a person with a disability Answer

What is the statute of limitations for this crime?

This crime is a Class 3 felony.

  1. If the offender held a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  2. If the victim reported the crime to authorities within three (3) years after the commission of the offense, or if the victim is murdered during the course of the offense or within two (2) years after the commission of the offense, and if the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  3. If neither of the above applies, legal proceedings against the offender must commence within three (3) years after the commission of the offense.

Statutory citation(s):

  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; 5/3-6.





Sexual relations within families Answer

What is the statute of limitations for this crime?

This crime is a Class 3 felony.

  1. If the offender held a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense, a prosecution may be commenced within one (1) year after the discovery of the offense by the victim.
  2. If the victim reported the crime to authorities within three (3) years after the commission of the offense, or if the victim is murdered during the course of the offense or within two (2) years after the commission of the offense, and if the DNA profile of the offender is obtained and entered into a DNA database within ten (10) years after the commission of the offense, a prosecution for the offense may be commenced at any time.
  3. If neither of the above applies, legal proceedings against the offender must commence within three (3) years after the commission of the offense.

Statutory citation(s):

  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; 5/3-6.





Grooming Answer

What is the statute of limitations for this crime?

This crime is a Class 4 felony.

  1. For all felonies, legal proceedings against the offender must commence within three (3) years after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

This crime is a Class 2 felony.

  1. Legal proceedings against the offender must commence within three (3) years after commission of the offense.

Statutory citation(s):

  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) Answer

What is the statute of limitations for this crime?

This crime is a Class 3 felony.

  1. Legal proceedings against the offender must commence within three (3) years after commission of the offense.

Statutory citation(s):

  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.








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