Criminal Statutes of Limitations
Virginia

Last Updated: April 2023
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Rape 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: Va. Code § 18.2-61.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Carnal knowledge of child between 13 and 15 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: Va. Code § 18.2-63.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Carnal knowledge of certain minors 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: Va. Code § 18.2-64.1.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, detainee, or pre-trial or post-trial offender Answer

What is the statute of limitations for this crime?
  1. There is no time limit for this crime when a felony.
  2. If the victim was under 18 at the time of the offense, and the offense is a misdemeanor, the time limit is within one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.

Statutory citation(s):
  1. Citation for the crime: Va. Code § 18.2-64.2.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Forcible sodomy 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: Va. Code § 18.2-67.1.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Object sexual penetration 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: Va. Code § 18.2-67.2.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Aggravated sexual battery 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: Va. Code § 18.2-67.3.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Sexual battery Answer

What is the statute of limitations for this crime?
  1. The time limit is within one year after the commission of the crime.
  2. If the victim was under 18 at the time of the offense, however, the time limit is within one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.

Statutory citation(s):
  1. Citation for the crime: Va. Code § 18.2-67.4.
  2. Citation for the statute of limitations: Va. Code § 19.2-8.





Infected sexual battery Answer

What is the statute of limitations for this crime?
  1. There is no time limit for this crime when a felony.
  2. If the victim was under 18 at the time of the offense, and the offense is a misdemeanor, the time limit is within one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.

Statutory citation(s):
  1. Citation for the crime: Va. Code § 18.2-67.4:1.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Sexual abuse of a child under 15 Answer

What is the statute of limitations for this crime?
  1. If the victim was under 18 at the time of the offense, however, the time limit is within one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.

Statutory citation(s):
  1. Citation for the crime: Va. Code § 18.267.4:2.
  2. Citation for the statute of limitations: Va. Code § 19.2-8.





Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery Answer

What is the statute of limitations for this crime?

This crime is classified as follows:

  • Attempted rape, attempted forcible sodomy, attempted object sexual penetration, and attempted aggravated sexual battery are felonies.
  • Attempted sexual battery is a misdemeanor.

The time limit depends on the type of crime:

  1. Within one year after the commission of the offense when it is a misdemeanor.
  2. If the victim was under 18 at the time of the offense, however, the time limit is within one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.
  3. No time limit when it is a felony.

Statutory citation(s):
  1. Citation for the crime: Va. Code § 18.2-67.5.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Adultery and fornication by persons forbidden to marry; incest Answer

What is the statute of limitations for this crime?

This crime is classified as follows:

  • Misdemeanor; or
  • Felony when the offender engages in sexual intercourse with the offender's child, grandchild, or parent.

The time limit depends on the type of crime:

  1. Within one year after the commission of the crime when it is a misdemeanor; or
  2. No time limit when it is a felony.

Statutory citation(s):
  1. Citation for the crime: Va. Code § 18.2-366
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Taking indecent liberties with children; penalties 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: Va. Code § 18.2-370.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Taking indecent liberties with child by person in custodial or supervisory relationship 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: Va. Code § 18.2-370.1.
  2. Citation for the statute of limitations: Va. Code § 19.2-8; Foster v. Virginia, 606 S.E. 2d 518, (Va. Ct. App. 2004).





Penetration of mouth of child with lascivious intent Answer

What is the statute of limitations for this crime?
  1. If the victim was under 18 at the time of the offense, however, the time limit is within one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority. 

Statutory citation(s):
  1. Citation for the crime: Va. Code § 18.2-370.6.
  2. Citation for the statute of limitations: Va. Code § 19.2-8.





Are there any exceptions to the statute of limitations? Answer
Exceptions
  • None specified.





Anything else I should know? Answer
Anything else I should know?
  • The statute of limitations does not apply to any person fleeing from justice or concealing himself within or without the state to avoid arrest.  Va. Code § 19.2-8.







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