Criminal Statutes of Limitations
Texas

Last Updated: April 2023
Continuous sexual abuse of a young child or children Answer

What is the statute of limitations for this crime?

  1. There is no time imit for this crime.

Statutory citation(s):

  1. Citation for the crime: Tex. Penal Code § 21.02.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.





Improper relationship between educator and student Answer

What is the statute of limitations for this crime?

  1. The time limit is within 3 years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Tex. Penal Code § 21.12.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.





Sexual assault Answer

What is the statute of limitations for this crime?

Note: “Child” means a person younger than 17 years of age.

  1. The time limit is within 10 years after commission of the offense; or
  2. If the crime is committed against a child, then no time limit.
  3. If the offense does not involve a child, there are two circumstances in which there is no time limit, specifically, (i) during the investigation of the offense biological matter is collected and the matter: (a) has not yet been subjected to forensic DNA testing; or (b) has been subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or (ii) probable cause exists to believe that the defendant has committed the same or a similar sex offense against five or more victims.
  4. The time limit is 2 years from the date the offense was discovered if the offense is punishable as a state jail felony under 22.011(f)(2), meaning an offense under 22.011(a)(1) and the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor.

Statutory citation(s):

  1. Citation for the crime: Tex. Penal Code § 22.011.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.





Indecent assault Answer

What is the statute of limitations for this crime?

The time limit is within 2 years after the commission of the offense except the time limit is within 3 years after the commission of the offense if the defendant has been previously convicted for this offense or if the defendant is a health care provider and the act is committed during the course of providing treatment to the victim and is beyond the scope of the generally accepted practices for the treatment.

Statutory citation(s):

  1. Citation for the crime: Tex. Penal Code § 22.012.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01 and art. 12.02.





Aggravated sexual assault Answer

What is the statute of limitations for this crime?

Note: “Child” means a person younger than 17 years of age.

  1. The time limit is within 10 years after the commission of the offense; or
  2. If the crime is committed against a child, then no time limit. 

Statutory citation(s):

  1. Citation for the crime: Tex. Penal Code § 22.021.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.





Prohibited sexual conduct Answer

What is the statute of limitations for this crime?

  1. The time limit is within 3 years after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: Tex. Penal Code § 25.02.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.





Indecency with a child Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: Tex. Penal Code § 21.11.
  2. Citation for the statute of limitations: Tex. Code Crim. Proc. art. 12.01.





Are there any exceptions to the statute of limitations laws? Answer
Exceptions
  • Tex. Code Crim. Proc. art. 12.01 Felonies
    • No limitation for sexual assault if, during the investigation of the offense, biological matter is collected and subjected to DNA testing, and the testing results show that the matter does not match victim or any other person whose identity is readily ascertained.





Anything else I should know? Answer
Anything else I should know?
  • Tex. Code Crim. Proc. art. 12.05 Absence from State and time pendency of indictment, etc., not computed:
    • (a) The time during which the accused is absent from the state shall not be computed in the period of limitations;
    • (b) The time during the pendency of an indictment, information or complaint shall not be computed in the period of limitation.








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