Criminal Statutes of Limitations
New York

Last Updated: December 2017
Sexual misconduct Answer

What is the statute of limitations for this crime?

This crime is a Class A misdemeanor.

  1. A criminal action against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.20.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Rape, third degree Answer

What is the statute of limitations for this crime?

This crime is a Class E felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.25.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Rape, second degree Answer

What is the statute of limitations for this crime?

This crime is a Class D felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.30.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Rape, first degree Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. There is no time limit to commence a criminal action against the perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.35.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Criminal sexual act, third degree Answer

What is the statute of limitations for this crime?

This crime is a Class E felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.40.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Criminal sexual act, second degree Answer

What is the statute of limitations for this crime?

This crime is a Class D felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.45.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Criminal sexual act, first degree Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. There is no time limit to commence a criminal action against the perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.50.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Forcible touching Answer

What is the statute of limitations for this crime?

This crime is a Class A misdemeanor.

  1. A criminal action against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.52.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Persistent sexual abuse Answer

What is the statute of limitations for this crime?

This crime is a Class E felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.53.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Sexual abuse, third degree Answer

What is the statute of limitations for this crime?

This crime is a Class B misdemeanor.

  1. A criminal action against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.55.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Sexual abuse, second degree Answer

What is the statute of limitations for this crime?

This crime is a Class A misdemeanor.

  1. A criminal action against the perpetrator of this crime must commence within two years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.60.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Sexual abuse, first degree Answer

What is the statute of limitations for this crime?

This crime is a Class D felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.65.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Aggravated sexual abuse, fourth degree Answer

What is the statute of limitations for this crime?

This crime is a Class E felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.65-a.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Aggravated sexual abuse, third degree Answer

What is the statute of limitations for this crime?

This crime is a Class D felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.66.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Aggravated sexual abuse, second degree Answer

What is the statute of limitations for this crime?

This crime is a Class C felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.67.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Aggravated sexual abuse, first degree Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. There is no time limit to commence a criminal action against the perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.70.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Course of sexual conduct against a child, first degree Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. There is no time limit to commence a criminal action against the perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.75.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Course of sexual conduct against a child, second degree Answer

What is the statute of limitations for this crime?

This crime is a Class D felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the most recent act of sexual conduct; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.80.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Female genital mutilation Answer

What is the statute of limitations for this crime?

This crime is a Class E felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.85.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Facilitating a sex offense with a controlled substance Answer

What is the statute of limitations for this crime?

This crime is a Class D felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.90.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Sexually motivated felony Answer

What is the statute of limitations for this crime?

A felony, as further defined by the specified offenses in the statute.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.91.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Predatory sexual assault Answer

What is the statute of limitations for this crime?

This crime is a Class A-II felony.

  1. There is no time limit to commence a criminal action against the perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.95.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Predatory sexual assault against a child Answer

What is the statute of limitations for this crime?

This crime is a Class A-II felony.

  1. There is no time limit to commence a criminal action against the perpetrator of this crime.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 130.96.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Incest, third degree Answer

What is the statute of limitations for this crime?

This crime is a Class E felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 255.25.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Incest, second degree Answer

What is the statute of limitations for this crime?

This crime is a Class D felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 255.26.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Incest, first degree Answer

What is the statute of limitations for this crime?

This crime is a Class B felony.

  1. A criminal action against the perpetrator of this crime must commence within five years after commission of the offense; and
  2. If against a victim that was under 18 at the time of commission of the offense, the period of limitations does not begin to run until victim has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

Statutory citation(s):

  1. Citation for the crime: N.Y. Penal Law § 255.27.
  2. Citation for the statute of limitations: N.Y. Crim. Proc. Law § 30.10.





Are there any exceptions to the statute of limitations laws? Answer
Exceptions
  • People v. Harrison, 803 N.Y.S.2d 5 (N.Y. App. Div. 2005) (relying on N.Y. Crim. Proc. Law § 30.10(4)(a) to toll the statute of limitations because defendant's whereabouts “were continuously unknown and continuously unascertainable by the exercise of reasonable diligence” inasmuch as it was impossible to identify a suspect until arrival of recent advances in DNA technology).
  • People v. Brown, 890 N.Y.S.2d 415 (N.Y. 2009) (Statute of limitations following commission of sodomy offense was tolled and excluded from five year statute of limitations until defendant’s DNA profile from victim’s rape kit was matched to DNA evidence).
  • People v. Ramos, 877 N.Y.S.2d 177 (N.Y. App. Div. 2009) (tolling five year statute of limitations where whereabouts of rape and robbery suspect were continuously unknown and unascertainable by exercise of reasonable diligence until nearly ten years later when suspect’s DNA profile was matched to DNA evidence taken from him prior to incarceration).
  • People v. Bradberry, 891 N.Y.S.2d 850 (N.Y. App. Div. 2009) (tolling statute of limitations for bringing first degree rape and second degree burglary charges until eight years later when suspect was convicted of an unrelated crime and a DNA match was made).
  • People v. Sigl, 967 N.Y.S.2d 570 (N.Y. App. Div. 2013) (tolling statute of limitations for indictment charging defendant with burglary in the first degree and sodomy in the first degree where whereabouts of suspect were continuously unknown and unascertainable by exercise of reasonable diligence until a year later when a DNA match was made).
  • People v. Burroughs, 968 N.Y.S.2d 773 (N.Y. App. Div. 2013) (refusing to toll statute of limitations for sodomy in the first and third degrees and for rape in the third degree because the offender’s DNA profile had been in the statewide databank since 1998, and the prosecution failed to offer an explanation as to why offender’s identity was not ascertained sooner by the exercise of reasonable diligence, especially since the perpetrator’s DNA was entered into the databank in 2003).
  • People v. Vega, 983 N.Y.S.2d 30 (N.Y. App. Div. 2014) (applicable statute of limitations for rape in the first degree was tolled because defendant’s identity and whereabouts were unknown and were unascertainable by the exercise of reasonable diligence).





Anything else I should know? Answer
Anything else I should know?
  • Statute of limitations tolled (N.Y. Crim. Proc. Law § 30.10(4)):
    • 4(a) during any period following the commission of the offense in which (i) the defendant was continuously outside this state or (ii) the whereabouts of the defendant were continuously unknown and unascertainable by the exercise of reasonable diligence (however, the period of limitation shall not be extended by more than 5 years beyond the otherwise applicable limitations period); or
    • 4(b) when a prosecution is commenced within the prescribed period of limitation and when an accusatory instrument upon which such prosecution is based is dismissed by a court under directions or circumstances permitting the lodging of another charge for the same offense or an offense based on the same conduct, the period of limitations is tolled during the period extending from the commencement of the defeated prosecution to the dismissal of the accusatory instrument.








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