Indiana Criminal Statute of Limitations

Below is a summary of the statute of limitation periods for criminal cases in Indiana. 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. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

Ind. Code Ann. 35-41-4-2

Class A felony: no statute of limitations

Murder: no statute of limitations

Class B, Class C, or Class D felony:  within 5 years after the offense

Class B or Class C felony if DNA evidence is used: within 1 year after the offender is identified or should have been identified through DNA evidence

Misdemeanor: within 2 years after the offense

Child molesting, vicarious sexual gratification, child solicitation, child seduction, incest: before the alleged victim turns 31

Forgery of an instrument: within 5 years after the maturity of the instrument

Tolling Provisions

The statute of limitations is tolled during any period when:

  • the accused is not usually and publicly resident in Indiana or conceals himself or herself so process cannot be served
  • the accused conceals evidence, and evidence is unknown to and could not have been discovered by the prosecuting authority
  • the accused is elected or appointed to office and is charged with theft or conversion of public funds or bribery while in public office

Certain Specified Offenses

Misuse of funeral trust funds: within 5 years after the date of death of the settlor

Misuse of funeral trust or escrow account funds: within 5 years after the date of death of the purchaser

Offense under the cemetery care perpetual fund: within 5 years after the state first discovers evidence of the offense or could have discovered evidence, whichever is earlier

Back to State Criminal Defense Statutes

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