Criminal Statutes of Limitations
Pennsylvania

Last Updated: April 2023
Rape Answer

What is the statute of limitations for this crime?

  1. A criminal action against the perpetrator of this crime, or for conspiracy or solicitation to commit an offense of this crime if the offense results from the conspiracy or solicitation, may be commenced at any time if the victim was under the age of 18 at the time of the offense; or
  2. If the victim was 18 or over the age of 18 at the time of the offense, a criminal action against the perpetrator of this crime must be commenced within 12 years after commission of the crime; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3121.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. §§ 5551, 5552.





Statutory sexual assault Answer

What is the statute of limitations for this crime?

  1. A criminal action against the perpetrator of this crime, or for conspiracy or solicitation to commit an offense of this crime if the offense results from the conspiracy or solicitation, may be commenced at any time if the victim was under the age of 18 at the time of the offense; or
  2. If the victim was 18 or over the age of 18 at the time of the offense, a criminal action against the perpetrator of this crime must be commenced within 12 years after commission of the crime.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3122.1.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. §§ 5551, 5552.





Involuntary deviate sexual intercourse Answer

What is the statute of limitations for this crime?

  1. A criminal action against the perpetrator of this crime, or for conspiracy or solicitation to commit an offense of this crime if the offense results from the conspiracy or solicitation, may be commenced at any time if the victim was under the age of 18 at the time of the offense; or
  2. If the victim was 18 or over the age of 18 at the time of the offense, a criminal action against the perpetrator of this crime must be commenced within 12 years after commission of the crime; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3123.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. §§ 5551, 5552.





Sexual assault Answer

What is the statute of limitations for this crime?

  1. A criminal action against the perpetrator of this crime, or for conspiracy or solicitation to commit an offense of this crime if the offense results from the conspiracy or solicitation, may be commenced at any time if the victim was under the age of 18 at the time of the offense; or
  2. If the victim was 18 or over the age of 18 at the time of the offense, a criminal action against the perpetrator of this crime must be commenced within 12 years after commission of the crime; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3124.1.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. §§ 5551, 5552.





Institutional sexual assault Answer

What is the statute of limitations for this crime?

  1. A criminal action against the perpetrator of this crime, or for conspiracy or solicitation to commit an offense of this crime if the offense results from the conspiracy or solicitation, may be commenced at any time if the victim was under the age of 18 at the time of the offense; or
  2. If the victim was 18 or over the age of 18 at the time of the offense, a criminal action against the perpetrator of this crime must be commenced within 12 years after commission of the crime; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3124.2.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. §§ 5551, 5552.





Sexual assault by sports official, volunteer, or employee of nonprofit association Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3124.3.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Aggravated indecent assault Answer

What is the statute of limitations for this crime?

  1. A criminal action against the perpetrator of this crime, or for conspiracy or solicitation to commit an offense of this crime if the offense results from the conspiracy or solicitation, may be commenced at any time if the victim was under the age of 18 at the time of the offense; or
  2. If the victim was 18 or over the age of 18 at the time of the offense, a criminal action against the perpetrator of this crime must be commenced within 12 years after commission of the crime; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3125.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. §§ 5551, 5552.





Indecent assault Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense; or
  2. If the offense is against a minor who is less than 18 years of age, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 18 years of age or the date the minor reaches 55 years of age; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3126.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Indecent exposure Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense; or
  2. If the offense is against a minor who is less than 18 years of age, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 18 years of age or the date the minor reaches 55 years of age; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3127.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Sexual intercourse with animal Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3129.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Conduct relating to sex offenders Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3130.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Unlawful dissemination of intimate image Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3131.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Female Mutilation Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense.

What is the statute of limitations for this crime?

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3132.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Sexual Extortion Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3133.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Incest Answer

What is the statute of limitations for this crime?

  1. A criminal action against the perpetrator of this crime, or for conspiracy or solicitation to commit an offense of this crime if the offense results from the conspiracy or solicitation, may be commenced at any time if the victim was under the age of 18 at the time of the offense; or
  2. If the victim was 18 or over the age of 18 at the time of the offense, a criminal action against the perpetrator of this crime must be commenced within 12 years after commission of the crime; or
  3. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 4302.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. §§ 5551, 5552.





Sexual abuse of children Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within 12 years after commission of the offense; or
  2. If the offense is against a minor who is less than 18 years of age, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 18 years of age or the date the minor reaches 55 years of age.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 6312.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Unlawful contact with a minor Answer

What is the statute of limitations for this crime?

A violation of this crime is classified as the more severe of either a third degree felony or other applicable sexual offense with which the perpetrator may be charged.

  1. If this crime is classified at a level equal to another applicable sexual offense, please see that sexual offense for the corresponding statute of limitations; or
  2. If this crime is classified as a third degree felony, then proceedings against the perpetrator must commence within two years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 6318.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Sexual exploitation of children Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense; or
  2. If the offense is against a minor who is less than 18 years of age, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 18 years of age or the date the minor reaches 55  years of age.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 6320.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Trafficking in individuals as it relates to sexual servitude Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense; or
  2. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3011.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Involuntary sexual servitude Answer

What is the statute of limitations for this crime?

  1. Prosecution against the perpetrator of this crime must commence within two years after commission of the offense; or
  2. If the offense is against an individual who is 23 years of age or younger, prosecution may commence any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.

Statutory citation(s):

  1. Citation for the crime: 18 Pa. Cons. Stat. § 3012.
  2. Citation for the statute of limitations: 42 Pa. Cons. Stat. § 5552.





Are there any exceptions to the statute of limitations laws? Answer
Exceptions
  • 42 Pa. Cons. Stat. § 5552 Other offenses ((c)(2) Exceptions for Offense by Public Officer or Employee):
    • If the period prescribed in subsection (a), (b) or (b.1) (which includes rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, incest, and sexual abuse of children) has expired, a prosecution may nevertheless be commenced for:  (c)(2) Any offense committed by a public officer or employee in the course of or in connection with his office or employment at any time when the defendant is in public office or employment or within 5 years thereafter, but in no case shall this paragraph extend the period otherwise applicable by more than 8 years.
  • 42 Pa. Cons. Stat. § 5552 Other offenses ((c)(3) Exceptions for Sexual Offense Against a Minor):
    • If the period prescribed in subsection (a), (b) or (b.1) (which includes rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, incest, and sexual abuse of children) has expired, a prosecution may nevertheless be commenced for:  (c)(3) Any sexual offense committed against a minor who is less than 18 years of age any time up to the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 55 years of age.  “Sexual offense” includes a crime under the following provisions of Title 18 or a conspiracy or solicitation to commit any of the following offenses of Title 18 if the offense results from the conspiracy or solicitation:  Section 3126 (indecent assault), Section 3127 (indecent exposure), Section 4304 (endangering welfare of children), Section 6301 (corruption of minors), Section 6312(b) (sexual abuse of children), Section 6320 (sexual exploitation of children).
  • 42 Pa. Cons. Stat. § 5552 Other offenses ((c)(3.1) Exceptions for Sexual Offense Against a Minor):
    • If the period prescribed in subsection (a), (b) or (b.1) (which includes rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, incest, and sexual abuse of children) has expired, a prosecution may nevertheless be commenced for:  (c)(3.1) Any sexual offense committed against a minor who is 23 years of age or younger any time up to the later of the period of limitation provided by law after the individual has reached 24 years of age or 20 years after the date of the offense.  “Sexual offense” includes a crime under the following provisions of Title 18 or a conspiracy or solicitation to commit any of the following offenses of Title 18 if the offense results from the conspiracy or solicitation:  Section 3011(a) (trafficking of individuals as it relates to sexual servitude), Section 3012 (involuntary servitude as it relates to sexual servitude), Section 3121(a) or (b) (Rape), Section 3123(a) (Involuntary deviate sexual intercourse), Section 3124.1 (Sexual assault), Section 3124.2(a) and (b) (Institutional sexual assault), Section 3125(a) Aggravated indecent assault), Section 3126 (Indecent assault), Section 3127 (Indecent exposure), Section 4302(a) (Incest).
  • 42 Pa. Cons. Stat. § 5552 Other offenses (c.1 Genetic identification evidence):
    • (c.1) If evidence of a misdemeanor sexual offense set forth in 42 Pa. Cons. Stat. § 5552(c)(3) or (3.1) or a felony offense is obtained containing DNA, and that DNA is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution may be commenced within the period of limitations provided for that offense, or one year after the identity of the individual is determined, whichever occurs later.





Anything else I should know? Answer
Anything else I should know?
  • 42 Pa. Cons. Stat. § 5554 Tolling of statute
    • The period of limitation does not run during any time when:
      • The accused is continuously absent from this Commonwealth or has no reasonably ascertainable place of abode or work within this Commonwealth;
      • A prosecution against the accused for the same conduct is pending in this Commonwealth; or
      • A child is under 18 years of age, where the crime involves injuries to the person of the child caused by the wrongful act, or neglect, or unlawful violence, or negligence of the child’s parents or by a person responsible for the child’s welfare, or any individual residing in the same home as the child, or a paramour of the child’s parent.
  • Finnegan v. Archdiocese of Philadelphia, No. 3002 EDA 2014, 3173 EDA 2014, 2015 WL 6457860 (Pa. Super. Ct. Oct. 6, 2015)
      • In Pennsylvania, “repressed memory” claims do not toll the limitations period for claims of sexual abuse.








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