10.1 Statutes of Limitations

• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.)

10.1 STATUTES OF LIMITATIONS

There is no limitation on the prosecution of felonies and a one-year limitation on most misdemeanors, ¹ with the following exceptions specifically listed in Virginia Code section 19.2-8:

1.	Petit larceny: five years after commission of the offense; 2
2.	Attempt to produce an abortion: two years after commission of the offense;
3.	Any misdemeanor violation of section 54.1-3904 (practicing law without a license): within two years of the discovery of the offense;
4.	A violation of laws governing the placement of children for adoption without a license pursuant to section 63.2-1701: one year from the date of the filing of the petition for adoption;
5.	Making a false statement or representation of a material fact knowing it to be false or knowingly failing to disclose a material fact to obtain or increase any benefit or other payment under the Virginia Unemployment Compensation Act (section 60.2-100 et seq.): three years next after the commission of the offense;
6.	Any violation of section 10.1-1320, 62.1-44.32(b), 62.1-194.1, or section 62.1-44.34:14 et seq. that involves the discharge, dumping, or emission of any toxic substance

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	as defined in section 32.1-239: three years next after the commission of the offense;
7.	Building Code violations under section 36-106: within one year of discovery of the offense by the building official, provided that the discovery occurs within two years of the date of initial occupancy or use after construction of the building or structure, or the issuance of a certificate of use and occupancy for the building or structure, whichever is later. However, prosecutions under section 36-106 relating to the maintenance of existing buildings or structures as contained in the Uniform Statewide Building Code must commence within one year of the issuance of a notice of violation for the offense by the building official;
8.	Any misdemeanor violation of section 54.1-111 (various acts related to business licensure and regulations): within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense;
9.	Any misdemeanor violation of any professional licensure requirements imposed by a locality: within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense;
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