Below are the statutes of limitation for criminal cases in Texas which set forth the time periods within which a legal proceeding must be commenced. If the state fails to bring a case within the specified time period, it loses its right to prosecute for that crime forever. 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.
Tex.Code Crim. Proc. Ann. art 12.01 et seq.
Felonies
Murder and manslaughter, certain offenses related to sexual assault or aggravated sexual assault, offenses against young children, leaving the scene of an accident which resulted in death, trafficking of persons: no limit
Certain offenses related to theft by a fiduciary, theft by a public servant of government property, forgery, injury to the elderly or disabled, sexual assault, arson, trafficking of persons, and compelling prostitution: ten years
Certain offenses related to misapplication of fiduciary property, securing execution of a document by deception, money laundering, credit card or debit card abuse, fraudulent use or possession of identifying information, bigamy, Medicaid fraud: seven years
Theft or robbery, certain offenses related to kidnapping or burglary, injury to an elderly or disabled individual other than felony of the first degree, abandoning or endangering a child, insurance fraud: five years
Sexual performance by a child, certain aggravated kidnapping or burglary: if the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim
Certain offenses related to injury to a child, bigamy, compelling prostitution, trafficking of persons: ten years from the 18th birthday of the victim
Other felonies: three years
Misdemeanors
Misdemeanors: within two years
DNA Evidence
There is no time limit for prosecution of sexual assault if testing of DNA gathered shows that it does not match the victim or any other person whose identity is readily ascertained.
Tolling Provisions
The period of limitation is suspended for:
- time during which the accused is absent from the state
- time during which the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction, determined to be invalid for any reason
