Idaho Criminal Statute of Limitations

Below is a summary of the statute of limitation periods for criminal cases in Idaho. 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.

Idaho Code § § 19-401, 402, 403, 404, 406

No statute of limitations: Murder; voluntary manslaughter; sexual abuse or lewd conduct with a child under the age of 16; an act of terrorism

Crimes involving ritualized abuse of children: within 3 years after disclosure by the victim

All other felonies: within 5 years after the crime

Misdemeanors: within 1 year after the crime

Failure to report abuse, abandonment, or neglect of a child: within 4 years after such failure

Misuse of funds by public officer or public employee: within 5 years after such misuse

Sexual exploitation by a medical care provider: within 2 years after the commission

Tolling Provisions

The statute of limitations is tolled:

  • if the defendant is out of the state when the crime is committed and begins again upon the person’s return to the state
  • during any period when the defendant is not an inhabitant of, or usually resident of, the state

Back to State Criminal Defense Statutes

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