Criminal Statutes of Limitation

AuthorRichard Leiter
Pages123-136

Page 123

A statute of limitation is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has run, the criminal is essentially free.

Statutes of limitation generally require the criminal to remain in the state, gainfully employed and visible, seeming to necessitate that the criminal remain “catch-able.” If the authorities fail to discover a criminal living in the open within a specified amount of time, society has determined that at that point the criminal should be able to live free from the possibility of prosecution. It appears that this notion is born out of a sense of mercy more than pragmatics: if the criminal is a fugitive, out of the state in which the crime was committed or otherwise living in hiding, this tolls, or suspends, the statute. (Once the criminal reenters the state the statute resumes running.) However, if the criminal were living an open, public, so-called “reformed” life, after a reasonable period of time he is allowed to be free from capture.

Not all crimes are governed by statutes of limitation. Murder, for example, has none. Sex offenses with minors, crimes of violence, kidnapping, arson, and forgery have no statutes of limitation in a number of states. In Arizona and California crimes involving public money or public records have no statutes of limitation. While in Colorado, treason has none. Idaho and Michigan have recently added terrorism to the list of crimes in those states with no statute of limitations. Since, no other states have specifically mentioned terrorism. This may signal a new trend among the states.

Many states have adopted systems that classify felonies by category. Therefore, in order to effectively compare statutes of limitation provisions, it is necessary to determine which crimes in that state fit into particular classes. For example, Missouri lists murder or Class A felonies as crimes with no statutes of limitation. Each crime must then be looked up in that state’s statutes to determine its classification.

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Table 8: Criminal Statutes of Limitation
State Code Section Felonies Misdemeanors Acts During Which Statute Does Not Run
ALABAMA 15-3-1 et seq. Arson, forgery, any capital offense, counterfeiting, use, attempted use, or threat of violence, felony with serious physical injury/death, any sex offense with one under 16, drug trafficking: none; other felonies: 3 yrs.; conversion of state or county revenue: 6 yrs.; unlawfully taking or using temporarily the property of another: 30 days 12 mos. Prosecution commences upon indictment, issuing warrant or binding over of defendant
ALASKA 12.10.010 et seq. Murder: none; 10 yrs. for certain violent felonies; felony sexual abuse of a minor: none; other felonies: 5 yrs., any offense that includes fraud or breach of fiduciary obligation, official misconduct in public office: extension 1 year after discovery offense, with a maximum extension of 3 years 5 yrs. If outside the state hiding, maximum extension 3 yrs when a prosecution against the accused for the same conduct is pending in this state
ARIZONA 13-107 Homicide, violent sexual assault, misuse of public money, falsifying public records: none; other felonies: 7 yrs. 1 yr.; petty offenses: 6 mos. Absent from state or no reasonably ascertainable residence in state; identity not known
ARKANSAS 5-1-109 Murder: none; rape: 15 yrs.; Class Y and A felonies: 6 yrs.; Class B, C, D, or unclassified felonies: 3 yrs.; if offense involves fraud or breach of fiduciary duty: 1 yr.; felonious conduct in public office: 5 yrs. with max. extension to 10 yrs.; if offense is against minor and limitation period has not expired since victim turned 18, statutory period for offense starts at age of majority 1 yr. Continually absent from state or has no reasonably ascertainable home or work within the state, max. extension 3 yrs. when a prosecution against the accused for the same conduct is pending in this state
CALIFORNIA Pen. §§799 et seq. Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds: none; offenses punishable by 8 or more years in prison: 6 yrs.; offenses punishable by imprisonment: 3 yrs. 1 yr.; misdemeanor violation committed on a minor under 14: 3 yrs.; sexual exploitation by physician or therapist: 2 yrs. Not in state, max. extension 3 yrs.; statutory periods do not begin until offense is or should have been discovered

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State Code Section Felonies Misdemeanors Acts During Which Statute Does Not Run
COLORADO 16-5-401 Murder, attempt, conspiracy, or solicitation to commit murder, kidnapping, attempt, conspiracy or solicitation to commit kidnapping, treason, attempt, conspiracy, or solicitation to commit treason, any forgery regardless of penalty provided, attempt, conspiracy or solicitation to commit any forgery regardless of penalty provided: none; sexual assault, aggravated incest, trafficking in or sexual exploitation of children, soliciting for child prostitution, pandering or procurement of a child: 10 yrs.; other felonies: 3 yrs. (bribery and abuse of public office: 3 yr. extension; sexual offenses on children under 15 yrs. of age: 7 yr. extension) 18 mos.; Class I and II and traffic offenses: 1 yr.; petty offenses: 6 mos.; 3rd degree sexual assault: 5 yrs. Absent from state: 5 yrs. maximum extension
CONNECTICUT 54-193 et seq. Murder or capital, Class A felony: none; if imprisonment is more than 1 yr.: 5 yrs.; any other: 1 yr.; sexual abuse, exploitation, or assault: 30 yrs. after victim reaches majority or 5 yrs. from date of notification by victim, whichever is earlier (5 yrs. max.); when DNA available for sexual assault offenses: 20 yrs. if DNA evidence establishes the identity of the person who committed the offense and the victim notified police within 5 yrs. of offense 1 yr. Fleeing or residing outside state
DELAWARE Tit. 11§205(a), (b), (h), (c), (e), (i) Murder, attempt to commit murder, Class A felony, attempt to commit Class A felony: none; others: 5 yrs. unless forensic DNA evidence, then 10 yrs.; any offense which includes forgery, fraud, breach of fiduciary duty, theft or misapplication of property, misconduct in public office: additional 3 yrs.; any sexual offense where victim was under 18 yrs. of age Class A: 3 yrs.; others: 2 yrs. Fleeing or hiding from justice action commenced
DISTRICT OF COLUMBIA 23-113 1st or 2nd degree murder: none; sexual abuse in first or second degree: 15 years; other felonies in 1st and 2nd degree: 6 yrs.; all other crimes: 3 yrs.; except if offense included official misconduct, fraud or breach of fiduciary trust: max. 9 yrs. felony, 6 yrs. misdemeanor 3 yrs. Fleeing or action commenced

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State Code Section Felonies Misdemeanors Acts During Which Statute Does Not Run
FLORIDA 775.15 Felony that resulted in death: none; perjury in official proceeding that relates to prosecution of a capitol felony: none; capital or life felony: none; 1st degree felony: 4 yrs.; felony resulting in injury to person, where felony arises from use of destructive device: 10 years; 2nd degree felony for abuse or neglect of aged or disabled adult: 5 yrs.; others: 3 yrs.; other felony, violation of securities transaction: 5 yrs.; violation of environmental control: 5 yrs. of date of discovery; any offense which fraud or breach of fiduciary obligation is a material element: 3 yrs.; misconduct in public office: within 2 yrs. of leaving office or any above limit, whichever is greater; sexual offenses (battery, assault, intercourse under age 18): begins running at age 16 or when violation is reported, whichever is earlier. Other 1st degree misdemeanors: 2 yrs.; 2nd degree and noncriminal violations: 1 yr. Continually absent from state, no reasonably ascertainable work or abode in state: maximum extension 3 yrs.
GEORGIA 17-3-1,2,2.1 Forcible rape: 15 yrs.; Murder: none; crimes punishable by death or life imprisonment: 7 yrs.; others: 4 yrs.; crimes against victims under 14: 18 yrs.; for victims under 16 yrs. of age of offenses such as rape, sodomy, incest, and child molestation (occurring after 7/1/ 92), the statute will run upon the victim turning 16 or when the violation is reported, whichever occurs earlier. If DNA evidence
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