|
State |
Statute of Limitations |
If DNA is Involved |
| Alabama |
There is no period of limitation for the offense of rape. Kirby
v. State, 500 So. 2d 79 (1986) |
|
| Alaska |
Alaska Stat. §12.10.010
Within 10 years after the commission of
the offense. |
|
| Arizona |
A.R.S. §13-107
For a Class 2-6 felony-seven (7) years. |
|
| Arkansas |
A.C.A. §5-1-109
Class Y felonies-within six (6) years after the commission of the offense. |
§5-1-109(b)
May be extended to fifteen (15) years, if based on forensic DNA. |
| California |
Cal Pen Code §264
Rape is punishable by imprisonment for three (3), six (6), or eight (8) years.
Aggravated rape – punishable for life.
-§799
Offenses punishable by death or life imprisonment w/out parole may be commenced at any time.
-§800
Offense punishable by imprisonment for 8 or more years may be commenced w/in 6 years after the commission of the offense.
-§801
Offense punishable by imprisonment in state prison may be commenced w/in 3
years. |
§803
Permits the prosecution of certain sex offenses within one (1) year of the date on
which the identity of the suspect is established by DNA. The following conditions
must be met:
- Committed prior to Jan. 1, 2001- biological evidence collected in connection with the offense is analyzed for DNA type, no longer than Jan. 1, 2004.
- Committed on or after Jan. 1, 2001- biological evidence is analyzed no later than two (2) years from the date of the offense. |
| Colorado |
C.R.S. §16-5-401(8)(a)
Ten (10) years after the commission of the offense.
|
No time limit if DNA evidence is available. |
| Connecticut |
Conn. Gen. Stat. §54-193
Capital felonies and Class A felonies- no limit.
(b) Imprisonment for over one (1) year – must be prosecuted w/in five (5) years.
(c) Any other offense – w/in one (1) year. |
No later than twenty (20) years from the commission of the
offense provided:
(1) The victim reported the offense not later than five (5) years after the commission
of the offense.A
(2) The identity of the person has been established through a DNA profile comparison
using evidence collected at the time of the offense. |
| Delaware |
11 Del C. §205(a)
Prosecution of a class A felony may be commended at any time.
(e) Prosecution of a sexual offense may be commenced at any time.
Prosecution for any other felony – w/in 5 years. |
11 Del C. §205(i)
W/in ten (10) years if based on forensic DNA testing. |
| District of Columbia |
D.C. Code §23-113
Prosecution for a felony other than murder is barred if not commenced within six (6)
years after it was committed.
Prosecution for any other criminal offense is barred if not commenced within three
(3) years. |
|
| Florida |
Fla. Stat. §775.15(1)(a)
Prosecution for a capital or life felony may be commenced at any time.
(2)(a)
For a felony of the 1st degree – w/in four (4) years. |
Fla. Stat. 775.15 (8) (a)
Prosecution of sexual battery and lewd or lascivious offenses may be commenced with
one year of date identity is or should be identified by DNA analysis. |
| Georgia |
O.C.G.A. §17-3-1
Prosecution for forcible rape – w/in fifteen (15) years.
For crimes punishable by death or life – w/in seven (7) years.
All other felonies – w/in three (3) years. |
GA HB 410
No limit if DNA evidence can establish the identity of the suspect. |
| Hawaii |
HRS §701-108
Class A felony – w/in six (6) years.
All other felonies – w/in three (3) years. |
|
| Idaho |
Idaho Code §19-401
No time limitation for rape. |
|
| Illinois |
§ 720 ILCS 5/3-5
Within three (3) years.
Exception: § 5/3-6(i):
Prosecution for criminal sexual assault, aggravated sexual
assault or aggravated sexual abuse – may be commenced w/in ten (10) years of the
offense if the victim reported w/in three (3) years after the commission of the
offense. |
IL HB 5578
Eliminates the statute of limitation for any sex crime in which
(1) the DNA profile is entered into the database w/in ten (10) years of the crime and
(2) the crime itself was reported by the victim w/in two (2) years. |
| Indiana |
Burns Ind. Code Ann. §35-41-4-2
Prosecution for a Class A – may be commenced at any time.
Class B, C, or D felony – w/in five (5) years. |
Allows that a prosecution for a class B or C felony that would
otherwise be barred to commence w/in one (1) year after the earlier of the date on
which the state.
(1) first discovers evidence sufficient to charge the offender w/ the offense through DNA analysis or
(2) could have discovered evidence sufficient to charge the offender w/ the offense
through DNA analysis by the exercise of due diligence. |
| Iowa |
Iowa Code §802.2
Prosecution for sexual abuse in the 1st, 2nd, 3rd must commence w/in ten (10) years
after its commission. |
Filing an indictment with only DNA evidence tools the limitation. However an indictment shall be filed within (3) years of the date the identity of the person being charged is identified by their DNA profile. |
| Kansas |
K.S.A. §21-3106
Prosecution may commence w/in five (5) years after its commission. |
A prosecution for a sexually violent offense where the limitations
period has not expired as July 1, 2001, or the offense was committed on or after July 1,
2001, is 10 years from time of offense, or one year from the date identity of the suspect
is conclusively established by DNA, whichever is later. Biological evidence for a
offense c before Jan 1, 2001 must be analyzed by Jan. 1, 2004 and for an offense
committed on or after Jan. 1, 2001, DNA evidence frp, the crime must be analyzed within
two years. |
| Kentucky |
KRS §500.050
Prosecution of a felony is not subject to a period of limitation and may be commenced
at any time. |
|
| Louisiana |
La. C.Cr.P. Art. 571
No time limitation - for any crime for which the punishment may be death or life imprisonment.
Art. 571.1
For certain sexual offenses – Time allotted for prosecution, which involves a victim under 17, shall be ten years. This ten-year period begins to run when the victim attains the age of eighteen.
Art. 572
Non-capital offenses:
(1) Six years, for a felony punishable by imprisonment at hard labor;
(2) Four years, for a felony not punishable at hard labor. |
Allows prosecution of sex crimes within three years of statutory statute of limitations when the identity of the offender is established thereafter with a DNA profile, with retroactive application. |
| Maine |
17-A.M.R.S. § 8
Prosecution for a Class A, B or C crime must be commenced w/in six (6) years after it is committed. |
|
| Maryland |
May commence at any time. |
|
| Massachusetts |
Mass. Ann. Laws. Ch 277 § 63
Prosecution for rape must commence within 15 years after the commission of the offense. |
|
| Michigan |
MCLS § 767.24
In the 1st degree and punishable by life imprisonment – indictment may be filed at any time.
An indictment may be found and filed w/in ten (10) years after the offense is committed or by the alleged victim’s 21st birthday, whichever is later.
All other indictments for criminal sexual conduct must be commended w/in six (6) years. |
If DNA evidence is obtained and determined to be from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment shall be found and filed w/in ten (10) years after the individual is identified or by the alleged victim’s 21st birthday, whichever is later. |
| Minnesota |
Min. Stat. 628.26(d)
Indictments for criminal sexual assault in the 1st through 3rd degree, if the victim was under the age of 18, shall be made w/in nine (9) years after the commission of the offense, or if the victim failed to report the offense w/in this limitation period, w/in three (3) years after the offense was reported. |
§628.26(e)
Indictments may be found or filed at any time after the commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced w/in nine (9) years. |
| Mississippi |
Miss. Code Ann. §99-1-5
May commence at any time for rape.
For sexual battery – w/in two (2) years. |
|
| Missouri |
§556.036 R.S.Mo.
Class A felony – any time.
Any other felony – three (3) years. |
|
| Montana |
Mont. Code Ann. §45-1-205
Felony – w/in five (5) years. |
|
| Nebraska |
R.S. Neb §29-110(2)
An indictment has to be found by the grand jury w/in 7 years after the offense has been committed or w/in 7 years after the victim’s 16th birthday, whichever is later or unless a complaint has been filed before the magistrate w/in 7 years of 7 years after the victim’s 16th birthday, whichever is later. |
|
| Nevada |
§171.083 and §171.085
No limitation for sexual assault if a written report is filed with law enforcement W/in four (4) years after the commission of the offense. |
|
| New Hampshire |
RSA §625.8
W/in six (6) years. |
|
| New Jersey |
N.J. Stat. §2c:1-6
Sexual assault or aggravated sexual assault – May be commenced at any time.
Aggravated sexual conduct – w/in five (5) years after it was committed. |
|
| New Mexico |
N.M. Stat. Ann. §30-1-8
Prosecution may commence at any time after the occurrence of a capital felony or a first degree violent felony;
Second degree felony, w/in six (6) years from the time the crime was committed.
Third or Fourth degree felony, w/in five (5) years. |
|
| New York |
NY CLS CPL §30.10
May commence at any time. |
|
| North Carolina |
May commence at any time. |
|
| North Dakota |
N.D. Cent. Code §29-04-02
Prosecution for any felony other than murder must be commenced w/in three (3) years
after its commission. |
|
| Ohio |
ORC Ann. §2901.13
Prosecution for sexual offenses within twenty years after the offense is committed. |
|
| Oklahoma |
22 Okl. St. §152
Prosecutions for rape shall be commenced w/in twelve (12) years after the discovery
of the crime. |
For crimes involving DNA – to three (3) years after a DNA match has been made. Victim must have reported the crime w/in 7 years. Retroactive. |
| Oregon |
ORS §131.125
Rape in the 1st – 3rd degree – w/in six (6) years.
|
|
| Pennsylvania |
42 Pa. C.S. §5552
Within five (5) years. |
|
| Rhode Island |
R.I. Gen. Laws §12-12-17
No statute of limitations for first degree sexual assault.
Second degree – three (3) years. |
|
| South Carolina |
None found. |
|
| South Dakota |
S.D. Codified Laws § 23A-42-1
Class A, B or Class 1 felony – no limitation.
§23A-42-2
Class 2 & 3 felony – seven (7) year limitation. |
|
| Tennessee |
Tenn. Code Ann. §40-2-101
Prosecution for a felony offense shall begin w/in:
(1) 15 years – Class A
(2) 8 years – Class B
(3) 4 years – Class C or Class D
(4) 2 years – Class E |
|
| Texas |
Tex. Code Crim. Proc. Art 12.01
Sexual assault - w/in seven (7) years. |
12.01
No limit:
(b) Sexual assault, if during the investigation of the offense biological matter is
collected and 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. |
| Utah |
Utah Code Ann. § 76-1-302
Rape – w/in four (4) years. |
Removes statute of limitations on a number of sex crimes where the perpetrator can be identified
with DNA evidence. |
| Vermont |
13 V.S.A. § 4501
Aggravate sexual assault – Any time after the offense is committed.
Sexual assault – w/in six (6) years |
|
| Virginia |
May commence at any time. |
|
| Washington |
Rev. Code Wash. (ARCW) §9A.04.080
A person may be prosecuted for rape ten (10 ) years after it was committed if the
rape is reported to a law enforcement agency w/in one (1) year of its commission. |
|
| West Virginia |
W. Va. Code §61-11-9
Misdemeanor prosecutions must be commenced w/in one (1) year. |
|
| Wisconsin |
Wis. Stat. §939.74
Prosecution for a felony must be commenced w/in six (6) years. |
No time limit if DNA evidence is available |
| Wyoming |
None found. |
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