California Criminal Statute of Limitations

Statute: California Pen. §§799 et seq.

Summary: The following sets forth the applicable criminal statute of limitations of the California penal code law within which a prosecution must commence thereafter:

Felonies:

• Murder, offenses punishable by death or life imprisonment, embezzlement of public funds: N/A
• Offenses punishable by 8 or more years in prison: 6 years
• Offenses punishable by imprisonment: 3 years

Misdemeanors:

• Generally: 1 year
• Misdemeanor violation committed on a minor under the age of 14: 3 years
• Sexual exploitation by physician or therapist: 2 years

Statute does not run:  Offender is out of state: maximum extension is 3 years.  Statutory periods do not begin until offense is or should have been discovered.

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