Mississippi Criminal Statute of Limitations

Mississippi law sets time limits—called statutes of limitations—for prosecutors to bring a criminal case against someone for a crime.

By , Attorney Mitchell Hamline School of Law
Updated 2/05/2026

Statutes of limitations set time limits for prosecutors to bring criminal charges in a case. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.

Mississippi Criminal Statutes of Limitations

In Mississippi and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and rape) have no statute of limitations—meaning a criminal case can be filed at any time. In certain instances, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case.

Mississippi's Statutes of Limitations for Felonies and Misdemeanors

Like many states, Mississippi law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, the statute of limitations is two years after the crime—for both felonies and misdemeanors. (Miss. Code § 99-1-5 (2026).)

Mississippi's Statutes of Limitations for Specific Crimes

Below are examples of time limits for specific crimes in Mississippi. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances, exceptions, and legislative changes—and know that court rulings can affect the interpretation of the law.

Crime Time Limit
Murder, Manslaughter, and Homicide
Murder and manslaughter No time limit
Voluntary, involuntary, reckless, and negligent homicide No time limit
Rape and Sex Crimes
Rape No time limit
Touching or handling a child for lustful purposes No time limit
Sexual battery of a child No time limit
Sexual battery or fondling of a vulnerable person No time limit
Sexual battery (nonconsensual) No time limit if DNA later proves the offender's identity
Promoting prostitution of a minor No time limit
Assault and Other Crimes Against People
Aggravated assault No time limit
Aggravated domestic violence No time limit
Other assaults 2 years after the crime
Robbery and kidnapping No time limit
Felony abuse of a child No time limit
Felony abuse, neglect, or exploitation of a vulnerable person 5 years after the crime
Theft, Larceny, and Fraud-Related Offenses
Larceny and burglary No time limit
Larceny of timber 6 years after the crime
Embezzlement, forgery, and counterfeiting No time limit
Using false pretenses or fraud to obtain money or property No time limit
Felony assistance-program fraud 5 years after the crime
Bribery 5 years after the crime

When Do Statutes of Limitations Start in Mississippi?

Generally, the statute of limitations starts when the crime occurs. But in circumstances where it’s difficult to discover the crime, the law might delay the starting of the time clock or extend the limitations period. In Mississippi, the statute of limitations won’t prevent someone from being prosecuted if that person absconds (hides), flees from justice, or leaves the state in order not to be found.

Can Statutes of Limitations Change?

Yes. Lawmakers can change limitations periods and often do. For example, they could change the statute of limitations for felonies from two to five years. But whether changes apply to past crimes depends on a couple of factors. Importantly, a new time limit created by the legislature doesn't apply if the prosecutor had already run out of time to file the charges.

Time to Talk to a Lawyer

Statutes of limitations are confusing, to say the least. Plus, the same conduct can be the basis for multiple criminal charges, meaning that more than one limitation period could apply. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.

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