Illinois Criminal Statute of Limitations

Statute: 720 ILCS 5/3-5; 5/3-7

Summary: The following sets forth the applicable crimes and the time period within which a prosecution must commence thereafter.

Felonies:

• 1st or 2nd degree murder, attempt to commit 1st degree murder, criminal solicitation to commit murder, involuntary manslaughter, reckless homicide, treason, arson, forgery: N/A
• Others: 3 years
• Extended limitations when: victim of theft a minor or under legal disability, then during minority or legal disability or within 1 year of termination
• Misconduct in public office: within 1 year of discovery (maximum 3 year extension)
• Incestual sexual conduct or penetration of a minor: 1 year after victim turns 18
• Child pornography, indecent solicitation or juvenile pimping of a child, sexual abuse of a minor: within 1 year of victim turning 18 (3 year minimum)
• Sexual conduct or penetration by professional with fiduciary relationship: 1 year after discovery by victim
• Hazardous waste violations: 5 year after discovery
• Criminal sexual assault, aggravated criminal sexual assault, aggravated criminal sexual abuse: 10 years (2 years if reported)
• Criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault, aggravated criminal sexual abuse, or failure to report those offenses under Abused and Neglected Child Reporting Act: 20 years after victim turns 18
• Any offense involving sexual conduct or penetration of a minor where DNA profile of offender entered in database within 10 years and victim reported within 2 years (or otherwise within permissible time periods under statute), and offender's identity unknown: N/A

Misdemeanors: 18 months

Statute (time) does not run: Nonresident prosecution pending

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