Louisiana Criminal Statutes of Limitations

Prosecutors usually have a limited amount of time to charge someone with a crime. Failing to file charges within the time limits—called “statutes of limitations”—can result in the case being dismissed. Read below to find out about Louisiana’s statutes of limitations for several types of crimes.

What Are Criminal Statutes of Limitations?

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

It's a common misconception that the prosecutor can't file charges once the limitation period expires. But that's not the case. The prosecution can file the charges, and it will be up to the defense to challenge the timing of the charges.

How Long After a Crime Can Charges Be Filed in Louisiana?

In Louisiana and most other states, the time limits depend on the offense level or the specific crime. For instance, a prosecutor might have six years to file most felony charges but only two years to file misdemeanor charges.

Violent crimes generally have longer statutes of limitations, and some crimes (like murder and first- or second-degree rape) have no statute of limitations—meaning a criminal case can be filed at any time. In certain situations, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case.

As an example, a prosecutor would have four years to file charges in a case where a drunk driver hit and killed someone. So if the crash happened on January 1, 2026, the prosecutor has until January 1, 2030, to file the charges.

Which Crimes Have No Statute of Limitations in Louisiana?

Not all crimes have time limits for prosecution. Louisiana allows prosecutors to file charges at any time for felonies punishable by death or life imprisonment, along with certain felonies specified in the law.

Examples of crimes with no statute of limitations include:

• murder
• first-degree rape
• second-degree rape
• aggravated kidnapping
• child labor or sex trafficking
• child molestation, and
• molestation of a person with a physical or mental disability.

(La. Code Crim. P. art. 571 (2026).)

What Are the Statutes of Limitations for Felonies and Misdemeanors in Louisiana?

Like many states, Louisiana’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

• six years for felonies that are punished by “imprisonment at hard labor” (meaning a state prison sentence)
• four years for felonies not necessarily punished by imprisonment at hard labor (meaning they carry a sentence of state prison or parish jail)
• two years for misdemeanors punished by imprisonment in parish jail, and
• six months for fine-only misdemeanors.

(La. Code Crim. P. art. 572 (2026).)

Examples of Statutes of Limitations in Louisiana

Below are examples of time limits for specific crimes in Louisiana.

(La. Code Crim. Proc. arts. 571 to 577 (2026); State v. Aucoin, 457 So.2d 885 (La. Ct. App. 1984).)

When Does the Statute of Limitations Start in Louisiana?

Generally, the statute of limitations starts when the crime occurs. But in circumstances where it’s difficult to discover the crime or a victim might be particularly scared to report it, the law might delay the starting of the time clock or extend the limitations period.

Here are some examples of situations where the time clock is delayed.

Sex Offenses Using DNA or Images to Identify Offender

Louisiana law allows any sex offense case to be prosecuted within three years of establishing a suspect’s identity using DNA or newly discovered photographic or video evidence.

Third-Degree Rape (Incapacitated Victim) or Video Voyeurism

Louisiana starts the clock for third-degree rape charges and video voyeurism charges upon discovery of the offense by the victim. Third-degree rape generally occurs when a defendant engaged in sexual intercourse (vaginal, oral, or anal) with a victim who’s incapacitated and lacks the ability to consent. For instance, an incapacitated victim might be intoxicated, drugged, or sleeping, or have a mental illness. Video voyeurism involves secretly recording someone for lewd or lascivious purposes.

Misconduct in Office, Employment, or Fiduciary Role

In Louisiana, the clock doesn’t start ticking for the following crimes involving breach of trust until the relationship (such as attorney-client) or status (like being in public office) ends:

• misappropriation of money or a thing of value by someone entrusted to its control through their office, employment, or fiduciary relationship
• extortion or false accounting committed by a public officer or employee in their official capacity, and
• public bribery (involving public officers, employees or officials, jurors, witnesses, or elected officials).

Crimes Against Persons With Infirmities

Louisiana law also delays starting the time clock for any crime committed against “persons with infirmities” until a competent victim or law enforcement officer discovers the crime. Examples of persons with infirmities include adults with disabilities (including disabilities resulting from advanced age), and residents of nursing homes, mental health facilities, or hospitals.

Fleeing the State

If a person tries to evade (avoid) arrest or prosecution by fleeing or remaining outside the state, the law gives the prosecutor extra time to file charges. In Louisiana, the statute of limitations doesn’t run any time while the defendant is absent from the state.

(La. Code Crim. Proc. arts. 573 to 575 (2026).)

How to Raise the Statute of Limitations as a Defense

The defense must raise the issue with the court. Not raising a statute-of-limitations defense waives it (gives it up). In Louisiana, a defendant can raise the issue at any time—even after a conviction—but only once.

Typically, the defense attorney will file a motion to quash (dismiss) the charges as untimely—that is, being filed after the statute of limitations expired. If the issue is raised after a conviction, the defense may ask the judge to arrest (vacate) the verdict. The defense can even ask for the defendant to be released from prison (by a writ of habeas corpus) if the issue is raised after sentencing. The state will need to prove it acted within the applicable time limit if it hopes to save the case.

(La. Code Crim. P. art. 577 (2026).)

Can Statutes of Limitations Change?

Lawmakers can and do change limitations periods. For example, in 2005, the legislature changed the time limit for certain sex offenses committed on minors, increasing it from 10 years to 30 years after the victim turns 18.

When statutes of limitations change, the question becomes whether the new time period applies to crimes committed before the law changed. The answer depends on a couple of factors and can be complicated. Importantly, a new time limit doesn't apply if the prosecutor had already run out of time to file the charges before the change. In other words, the law can't revive a "dead" case. But, if the charges were still viable, the new time limits in the law may apply (if that's what the legislature intended). (State v. Terry, 108 So.3d 126 (La. App. 2d Cir. 2012).)

You might want to consult with an attorney if you have questions about a specific statute of limitations.

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.