Across the United States you will find that the criminal statute of limitations varies from federal to state, and therefore also varies by the type of crime that is alleged to have been committed. A statute of limitations is the maximum amount of time after an event happens that legal proceedings relating to that event can be initiated.
Federal
At the federal level, no statute of limitations exists for:
- crimes punishable by death
- federal crimes of terrorism
- certain federal sex offenses under the Adam Walsh Child Protection and Safety Act
Crimes punishable by death at the federal level include treason, spying, large scale drug transportation and sales, murder committed during a civil rights offense, while robbing a bank or taking hostages. Murdering law enforcement officials also has no statute of limitations.
State
At the state level, a wide variety of crimes have no statute of limitations meaning that criminal charges may be brought and prosecuted many years after a crime was committed. This is a sampling of crimes that have no state statute of limitations:
- Sexual abuse, assault, and aggravated sexual assault
- Child sex abuse
- Murder
- Any crime that includes the threat of violence
Several states including North Carolina, Maryland, Wyoming and Virginia have no statute of limitations for any crime that is classified as a felony and there are many states that have none for the most serious felonies.
Extended Statute of Limitations
Both federal and state laws contain exceptions to statutes of limitations which can be invoked in certain circumstances, while other states have long statutes of limitations for particular crimes, often those involving children. As an example, in Connecticut a person can be prosecuted for child sex abuse for up to 30 years after the victim's 18th birthday, even if the alleged abuse happened many years prior to their 18th birthday.
Federal law provides for the suspension or extension of an existing statute of limitations if the crime is related to fraud against the government during wartime, bankruptcy, or child abuse.
Military
Under the Uniform Code of Military Justice there is no statute of limitations for any crime that would lead to a general court martial.
Get Legal Help
While the concept of a statute of limitations is fairly simple on the surface, the laws in your state and the circumstances of your case will create a unique, complex situation that requires the help of an experienced criminal defense attorney. If you or someone you love has been involved in a crime contact an attorney who practices criminal law. They can can help protect your rights, explain your options and prepare a defense strategy.
