Criminal Statutes of Limitations
Illinois

Last Updated: December 2017
Criminal sexual assault Answer

What is the statute of limitations for this crime?

Depending upon the applicable facts, criminal sexual assault is a Class one (1) or 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; 720 Ill. Comp. Stat. §§ 5/3-6(e), (i), (j).





Aggravated criminal sexual assault Answer

What is the statute of limitations for this crime?

Aggravated criminal sexual assault 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; 720 Ill. Comp. Stat. §§ 5/3-6(e), (i), (j).





Predatory criminal sexual assault of a child (i.e., victim under the age of thirteen (13)) Answer

What is the statute of limitations for this crime?

Predatory criminal sexual assault of a child 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; 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 criminal sexual abuse depends on the following:

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

The applicable statute of limitations depends upon the classification of the crime, pursuant to the guidelines outlined above. 

Misdemeanor:

  1. If the victim was under the age of eighteen (18) 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, a prosecution must be commenced within eighteen (18) months of the commission of the offense.

 

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 one (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, a prosecution must be commenced within three years after the commission of the offense.

 

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.
  2. 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.
  3. 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?

Aggravated criminal sexual abuse is a Class two (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 three (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; 720 Ill. Comp. Stat. § 5/3-6 (e), (i), (j)





Indecent solicitation of a child (i.e., a person under seventeen (17)) Answer

What is the statute of limitations for this crime?

Indecent solicitation of a child is classified as follows:

  • Class one (1) felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;
  • Class two (2) felony when the act, if done, would be criminal sexual assault;
  • Class three (3) felony when the act, if done, would be aggravated criminal sexual abuse; and
  • Class four (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, with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.

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

  1. Legal proceedings against the offender must commence within three (3) years after commission of the offense; provided, however, that a prosecution may be commenced within one year of the victim attaining the age of eighteen (18) years. However, in no event shall the time period for prosecution expire sooner than three (3) years after the 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; 720 Ill. Comp. Stat. § 5/3-6(d).





Indecent solicitation of an adult Answer

What is the statute of limitations for this crime?

Indecent solicitation of a child is classified as follows:

  • Class X felony if the offender arranges for a person age seventeen (17) or over to commit an act of sexual penetration with a person under the age of thirteen (13);
  • Class one (1) felony when the victim of the sexual penetration is over age thirteen (13) but under the age of seventeen (17);
  • Class two (2) felony if the offender arranges for a person aged seventeen (17) or over to commit an act of sexual conduct with a person under the age of thirteen (13); and
  • Class A misdemeanor if the victim of the sexual conduct is over age thirteen (13) but under the age of seventeen (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 (i.e., person under the age of seventeen (17)) Answer

What is the statute of limitations for this crime?

Solicitation to meet a child is a Class four (4) felony if the offender believes he or she is five (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 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?

Sexual exploitation of a child is a Class four (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?

Permitting sexual abuse of a child is a Class one (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?

Custodial sexual misconduct is a Class three (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. § 5/11-9.2
  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?

Sexual misconduct with a person with a disability is a Class three (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?

Sexual relations within families is a Class three (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?

Grooming is a Class four (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?

Criminal transmission of HIV is a Class two (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 three (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





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 provides that there is 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, if:
    • The victim reported the offense to law enforcement authorities within three (3) years after the commission of the offense unless a longer period for reporting the offense is provided in § 5/3-6, or
    • The victim is murdered during the course of the offense or within two (2) years after the commission of the offense.





Anything else I should know? Answer
Anything else I should know?

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, prosecution for the offense may be commenced within one (1) year after the discovery of the offense by the victim. 720 Ill. Comp. Stat. § 5/3-6.

  • If the offense is based on a series of acts performed at different times, the period of limitation starts at the time when the last such act is committed. 720 Ill. Comp. Stat. § 5/3-8.








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