Below is a summary of the statute of limitation periods for criminal cases in the state of Hawaii. Statutes of limitations set forth the time period within which the state must commence a case for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed. For certain types of crimes, there is no statute of limitations and the state never loses its right to prosecute for the offense.
Haw. Rev. Stat. §701-108
Murder: no statute of limitations
Manslaughter not caused by a motor vehicle: within ten years after the act is committed
Class A felony: within six years after the crime is committed
Any felony under chapter 708, part IX: within five years after the crime is committed
Any other felony: within three years after the crime is committed
Misdemeanor or parking violation: within two years
Petty misdemeanor or violation other than a parking violation: within one year
Tolling Provisions
Any offense that involves fraud, deception, or breach of fiduciary obligation: within three years after discovery of the offense, up to a maximum extension of six years
Any offense based on misconduct in office by a public officer or employee: any time while the defendant is in public office or employment or within two years thereafter, up to a maximum extension of three years
Any felony offense involving DNA evidence obtained within the applicable statute of limitations period: up to ten years after the expiration of the applicable period of limitation
The period of limitation does not run:
- During any time when the accused is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, up to a maximum four year extension
- During any time when a prosecution against the accused for the same conduct is pending in the state
- For any felony offense under chapter 707, part V or VI, during any time when the victim is alive and under eighteen years of age
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