Criminal Statutes of Limitations
Louisiana

Last Updated: April 2023
First degree rape Answer

What is the statute of limitations for this crime?

  1. There is no time limit upon the initiation of prosecution for first degree rape.

Statutory citation(s):

  1. Citation for the crime: La. Rev. Stat. § 14:42. This statute was amended on August 1, 2015, and what was previously deemed “aggravated rape” is now first degree rape.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 571.
  3. For attempted first degree rape, the statute of limitations period is 30 years. (La. Code Crim. Proc. art. 571.1)





Second degree rape Answer

What is the statute of limitations for this crime?

There is no time limit upon the initiation of prosecution for second degree rape.

Statutory citation(s):

  1. Citation for the crime: La. Rev. Stat. § 14:42.1. This statute was amended on August 1, 2015, and what was previously deemed “forcible rape” is now second degree rape.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 571.
  3. For attempted second degree rape, the statute of limitations period is 30 years. (La. Code Crim. Proc. art. 571.1)





Third degree rape Answer

What is the statute of limitations for this crime?

Legal proceedings against the perpetrator must commence within six (6) years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: La. Rev. Stat. § 14:43.  This statute was amended on August 1, 2015, and what was previously deemed “simple rape” is now third degree rape.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572.   





Sexual battery Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: La. Rev. Stat. § 14:43.1.
  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.





Misdemeanor sexual battery Answer

What is the statute of limitations for this crime?

Legal proceedings against the perpetrator must commence within two (2) years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: La. Rev. Stat. § 14:43.1.1.
  2. Citation for the statute of limitations: La. Code Crim. Proc. art. 572.





Second degree sexual battery Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under age seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under the age of seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense.

Statutory citation(s):

  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 HIV Answer

What is the statute of limitations for this crime?

  1. For a felony necessarily punishable by imprisonment at hard labor, legal proceedings against the perpetrator must commence within six (6) years after commission of the offense; or
  2. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  3. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense; or
  4. For a misdemeanor punishable only by a fine or forfeiture, within six (6) months after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within six (6) months after commission of the offense.

Statutory citation(s):

  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.





Aggravated Crime Against Nature Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within six (6) months after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within six (6) months after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

A prosecution must be brought within two (2) years after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense.

Statutory citation(s):

  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 or a person with a physical or mental disability Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within six (6) months after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

  1. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  2. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  3. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense; or
  4. For a misdemeanor punishable only by a fine or forfeiture, within six (6) months after commission of the offense.

Statutory citation(s):

  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.





Pornography involving juveniles Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense.

Statutory citation(s):

  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 Answer

What is the statute of limitations for this crime?

This crime applies to those under the age of seventeen (17).

  1. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense.

Statutory citation(s):

  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. 575.





Computer-aided solicitation of a minor Answer

What is the statute of limitations for this crime?

  1. If the offense was committed against a victim under seventeen (17), then prosecution must commence within thirty (30) years from the date that the victim attains the age of eighteen (18); or
  2. For a felony necessarily punishable by imprisonment at hard labor, within six (6) years after commission of the offense; or
  3. For a felony not necessarily punishable by imprisonment at hard labor, within four (4) years after commission of the offense; or
  4. For a misdemeanor punishable by a fine, or imprisonment, or both, within two (2) years after commission of the offense; or
  5. For a misdemeanor punishable only by a fine or forfeiture, within six (6) months after commission of the offense.

Statutory citation(s):

  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? Answer
Exceptions

Prosecutions for attempted first degree rape, also formerly titled aggravated rape (La. Rev. Stat. § 14:27,  La. Rev. Stat. § 14:42), and attempted second degree rape, also formerly titled forcible rape (La. Rev. Stat. § 14:27, La. Rev. Stat. § 14:42.1), which involves a victim under seventeen (17), must commence within thirty (30) years from the date the victim attains the age of eighteen (18).  La. Code Crim. Proc. art. 571.1. 

Prosecutions for any sex offense that would otherwise be barred may be commenced within three (3) years after the date on which the identity of the suspect is established by DNA testing.  La. Code Crim. Proc. art. 572(B)(2).






Anything else I should know? Answer
Anything else I should know?
  • The periods of limitation shall be interrupted and shall not run 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.  La. Code Crim. Proc. art. 575.
  • To establish that a person is a fugitive fleeing from justice, it must first be shown that he was within the jurisdiction at the time the offense occurred and thereafter moved out. However, mere absence is not enough. The status of being a fugitive also requires an intent to avoid prosecution and punishment for a particular offense. If the intent is bona fide and for legitimate purposes, the person is not a fugitive. State v. Bobo, 2003-2362 (La. 4/30/04), 872 So. 2d 1052, 1056 (citing  State v. Stanton, 209 La. 457, 468, 24 So.2d 819, 822 (1946)).
  • The definition of the offense under La. Rev. Stat. § 14.81 (Prohibited sexual conduct between educator and student) was expanded to include lewd or lascivious act "in the virtual" presence of the student. See CERTAIN SEX OFFENSES AGAINST MINORS, 2023 La. Sess. Law Serv. Act 186 (H.B.222) (WEST).








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