Criminal Statutes of Limitations
Wisconsin

1. The time limit is within 6 years after the commission of the offense.
2. In computing the time limited by this section, the time during which alleged victim is unable to seek the issuance of a complaint under §968.02 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist shall not be included.

1. Citation for the crime: Wis. Stat. § 940.22.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

1. The time limit is within 6 years after the commission of the offense.

1. Citation for the crime: Wis. Stat. § 944.06.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

1. There is no time limit for First Degree Sexual Assault.
2. The time limit is before the victim reaches the age of 45 for Second Degree Sexual Assault.

1. Citation for the crime: Wis. Stat. § 948.02.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

1. There is no time limit for violations of subsections 1(a) through 1(d) of this statute.
2. The time limit is before the victim reaches the age of 45 for a violation of subsection 1(e) of this statute.

1. Citation for the crime: Wis. Stat. § 948.025.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

1. The time limit is before the victim reaches the age of 45.

1. Citation for the crime: Wis. Stat. § 948.05.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

1. The time limit is before the victim reaches the age of 45.

1. Citation for the crime: Wis. Stat. § 948.06.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

1. The time limit is before the victim reaches the age of 45.

1. Citation for the crime: Wis. Stat. § 948.085.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

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

1. Citation for the crime: Wis. Stat. § 948.09.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

1. The time limit is before the victim reaches the age of 45.

1. Citation for the crime: Wis. Stat. § 948.095.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

The time limit depends on the type of crime:

1. There is no time limit for Sexual Assault in the First Degree;
2. Within 10 years after the commission of the offense for Sexual Assault in the Second Degree or Third Degree; or
3. Within three years after the commission of the offense for Sexual Assault in the Fourth Degree.

1. Citation for the crime: Wis. Stat. § 940.225.
2. Citation for the statute of limitations: Wis. Stat. § 939.74.

• Wis. Stat. § 939.74 provides that in computing the time that has elapsed under the statute of limitations, “the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information has been filed.”
• Wis. Stat. § 939.74 also has a DNA exception which provides:
• (2)(c) If, before the applicable time limitation under sub. (1) or (2)(am), (ar), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948, other than a felony specified in sub. (2)(a), expires, the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for the felony or a crime that is related to the felony or both within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.
• (2)(e) If, within 6 years after commission of a felony specified under sub. (2)(a), the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for a crime that is related to the felony within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.
• Wis. Stat. § 939.74  is subject to proposed legislation that would alter the DNA exceptions above. If adopted, Wis. Stat. § 939.74 (2d) (b) would read: “Notwithstanding that the applicable time limitation under sub. (1) or (2) has expired, if a deoxyribonucleic acid profile implicates a known person in the commission of a felony, the state may commence prosecution of that person for the felony or a crime that is related to the felony for a period of time following the implication of the person in the felony that is equal to the applicable time limitation under sub. (1) or (2).”  Wis. Stat. § 939.74 (2d) (c) and (e) would be repealed.