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Created by FindLaw's team of legal writers and editors Last updated April 16, A statute of limitations is a law that forbids prosecutors from charging someone with a crime that was committed more than a specified of years ago. The main purpose of these laws is to ensure that convictions are based upon evidence physical or eyewitness that has not deteriorated with time. After the time period has run, the crime can no longer be prosecuted, meaning that the accused person is essentially free. Each state establishes its own statutes of limitations, often with different time limits for distinct types of crime.

Generally speaking, the prosecutor's "clock" ticks only if the criminal suspect remains in the state. If the individual flees or goes into hiding, the clock will pause in legal jargon "toll" and will running when and if the suspected person reenters the state. This is to prevent criminals from avoiding the consequences of their crimes by simply running, hiding and waiting out the authorities. Other circumstances may justify tolling, too, such as concealment of the wrongdoing. Not all crimes are governed by statutes of limitations. Murder, for example, has none, meaning that a murderer can be brought to justice even many decades later.

Some states also have no time limits for certain other types of crime, such as sex offenses or terrorism charges. Colorado has no statute of limitations on treason. California has none on the embezzlement of public funds. Some states classify their crimes in for these purposes. In Indiana, for example, Level 3 felonies have a five-year statute of limitations. This makes it necessary to look up which crimes are considered Level 3. Violent felonies, arson, forgery, counterfeiting, any sex offense with someone under 16, drug trafficking: none; other felonies: 3 yrs.

The time elapsing between two indictments must be deducted from the time for the prosecution of the offense last charged, in certain circumstances. If outside the state hiding, maximum extension 3 yrs when a prosecution against the accused for the same conduct is pending in this state. Homicide, violent sexual assault, misuse of public money, falsifying public records: none; other felonies: 7 yrs. Murder, numerous sex offenses: none; Class Y and A felonies: 6 yrs.

Continually absent from state or has no reasonably ascertainable home or work within the state, max. Penal Code et seq. Offenses punishable by death or life imprisonment, embezzlement of public funds, numerous sex crimes: none; offenses punishable by 8 or more years in prison: 6 yrs.

Not in state, max. Murder, kidnapping, treason, any sex offense againstforgery: none; most other felonies: 3 yrs. Murder or Class A felony: none; most other felonies: 5 yrs.

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Murder, Class A felonies, numerous sex offenses: none; most others: 5 yrs. 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 and 2nd degree felony for abuse or neglect of aged or disabled adult: 5 yrs.

Continually absent from state, no reasonably ascertainable work or abode in state: maximum extension 3 yrs. Murder, certain crimes against children: none; forcible rape: 15 yrs.

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Continuously absent from state or no reasonably ascertainable residence or work within the state, while prosecution is pending: maximum extension 4 yrs. Murder, voluntary manslaughter, rape, sexual abuse of or lewd conduct withan act of terrorism: none; other felonies: 5 yrs. Extended limitations under certain circumstances. Murder, Level 1, 2 felony: none; Level 3, 4, 5, 6 felony, forgery of an instrument for payment: 5 yrs. Nonresident, absent state, conceals self or evidence of crime; prosecution is considered timely if defendant ple guilty at any time.

Murder, terrorism, rape: none; most sexually violate crimes: 10 yrs. Crimes with punishment of death or life imprisonment: none; felony punishable by hard labor: 6 yrs. Avoiding detection, fleeing, outside state, absent residence in state; lacks mental capacity to proceed at trial. Murder, 1st or 2nd degree criminal homicide, incest, rape, or gross sexual assault if victim is under 16 yrs. Law Murder: none; kidnapping, extortion, assault with intent or conspiracy to murder: 10 yrs. Murder: none; bribery, medical assistance fraud, theft: 6 yrs. Murder, manslaughter, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, numerous other sexual crimes, embezzlement, obtaining money under false pretenses of property: none; most others: 2 yrs.

Murder or Class A felony: none; others: 3 yrs. Absent state, hiding: maximum 3 yr. Deliberate, mitigated, or negligent homicide: none; others: 5 yrs. When offender is not usually and publicly resident of state, or beyond jurisdiction of state; prosecution pending for same conduct.

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Murder, treason, arson, forgery, numerous sexual assault crimes: none; most others: 3 yrs. Murder: none; Class A or B felony or unemployment compensation offense: 6 yrs. Murder, manslaughter: none; official misconduct, bribery and related offenses: 7 yrs. Capital or 1st degree felony: none; 2nd degree: 6 yrs.

Fleeing justice or not usually or publicly resident of state; enumerated procedural defects; when DNA evidence is available and suspect has not been identified for criminal sexual penetration, time period won't run until a DNA profile is matched with a suspect.

Murder, rape, Class A felonies: none; others: 5 yrs. Murder: none; others: 3 yrs. Murder or aggravated murder: none; others: 6 yrs. Absent state or conceals identity or whereabouts or undiscovered corpus delicti; prosecution pending for same conduct. Murder: none; bribery, embezzlement or misappropriation of public money or other assets, falsification of public records, conspiracy to defraud state or other subdivision, rape or forcible sodomy; lewd or indecent proposals or acts against children crimes involving minors in pornography, sodomy: 7 yrs.

Murder, manslaughter: none; certain sexual felonies including sexual abuse, rape: 12 yrs. Sexual misdemeanors: sexual abuse in the 3rd degree or sending, furnishing, exhibiting or displaying obscene materials to minors: 4 yrs. Murder, manslaughter, voluntary manslaughter, conspiracy to murder, soliciting to commit murder and murderfelony connected with 1st or 2nd degree murder, vehicular homicide: none; major offenses or conspiracy or solicitation to commit major offense: 5 yrs.

Absent from state; no ascertainable residence or place of work within state; prosecution pending for same conduct. Treason against state; homicide, arson, burglary, counterfeiting, forgery, robbery, rape, sexual assault, child molestation, bigamy, manufacturing, selling, distributing or possession of controlled substance, or conspiracy to any of the above: none; larceny, embezzlement, bribery, extortion, racketeering, antitrust violation, or conspiracy to any of the above: 10 yrs.

Any crime punishable by death or life imprisonment: none; Class A felony: 15 yrs. Murder, manslaughter, numerous sex crimes: none; certain theft offenses, forgery, arson: 10 yrs. Murder, manslaughter, numerous sex crimes: none; other felony or negligent homicide: 4 yrs. Murder, arson causing death, kidnapping, numerous sex crimes: none; manslaughter, grand larceny, robbery, burglary, embezzlement, forgery, bribery, false claims, fraud, and felony tax offenses: 6 yrs.

Murder: none; cruelty to animals: 5 yrs. Murder, arson causing death, vehicular homicide: none; other arson: 10 yrs. Homicide: none; certain crimes against : before victim turns 45 years old; special provisions apply when DNA evidence identifies the perpetrator at a later date. Not publicly resident; if victim is unable to seek issuance of a complaint, that time period excluded due to threats, etc. A statute of limitations can be a criminal defendant's path to freedom.

However, these matters are sometimes complicated. If you've been accused of a crime and believe that prosecutors waited too long to bring charges, you may wish to speak with an experienced defense attorney. Contact a qualified criminal defense lawyer near you to learn more. Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

State Criminal Statutes of Limitations and "Tolling" Generally speaking, the prosecutor's "clock" ticks only if the criminal suspect remains in the state. of Crimes Not all crimes are governed by statutes of limitations. Murder, kidnapping, numerous sex crimes: none; most other felonies: either 10 or 5 yrs. Absent from state: 5 yrs. Class A: 3 yrs. Nonresident; when person or crime is unknown HAWAII 1st or 2nd degree murder or 1st, 2nd degree attempted murder or criminal solicitation to commit murder: none; manslaughter where death was not caused by operating a motor vehicle: 10 yrs.

Extended limitations under certain circumstances 18 mos. Nonresident, absent state, conceals self or evidence of crime; prosecution is considered timely if defendant ple guilty at any time IOWA Serious misdemeanor: 3 yrs. Avoiding detection, fleeing, outside state, absent residence in state; lacks mental capacity to proceed at trial MAINE A: 8 Murder, 1st or 2nd degree criminal homicide, incest, rape, or gross sexual assault if victim is under 16 yrs. Absent state or prosecution pending in state: maximum 5 yrs.

Law Murder, manslaughter or unlawful homicide: none; arson and numerous other offenses: 3 yrs.

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