What is the statute of limitations for this crime? |
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Note: “Child” means a person younger than 17 years of age.
- The time limit is within 10 years after commission of the offense; or
- If the crime is committed against a child, then no time limit.
- 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.
- The time limit is two 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.
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