Wisconsin Criminal Statute of Limitations

Statute: 939.74

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

Felonies:

• Homicide: N/A
• 1st degree intentional or reckless homicide, murder: N/A
• Intentional causing of bodily harm, recklessly causes bodily harm, failing to prevent bodily harm, mental harm, enticement causing bodily or mental harm, or giving or selling a controlled substance to a child: before child reaches the age of 26
• Others: 6 years
• Sexual assault, physical abuse causing, sexual exploitation, incest, enticement of, or solicitation for prostitution of a child: before victim reaches 31 years if age
• If DNA evidence collected and can identify offender: within 1 year of identification if collected before time limitation expired

Misdemeanors: 3 years (same with adultery)

Statute (time) does not run: Not publicly resident; if victim is unable to seek issuance of a complaint, that time period excluded due to threats, etc.; prosecution pending for same act

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