Michigan Criminal Statute of Limitations

The statute of limitations limits the amount of time within which a prosecution must commence.

Below is a summary of the statute of limitation periods for criminal cases in the state of Michigan. Statutes of limitations set forth the time period within which the state must commence a case against someone 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.

Mich. Comp. Laws 767.24

No statute of limitations: Murder, criminal sexual conduct in the 1st degree, violation of the anti-terrorism act, or violation of the explosives, bombs and harmful devices act that is punishable by life imprisonment

Criminal sexual conduct in the 2nd degree, 3rd degree, 4th degree, or sexual assault: within 10 years after the offense is committed or by the victim's 21st birthday, whichever is later. If DNA evidence is used, within 10 years after the individual is identified or by the victim's 21st birthday, whichever is later.

Kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, or 1st degree home invasion: within 10 years after the offense is committed

Identity theft: within 6 years after the offense is committed; or if identity of perpetrator is unknown, within 6 years after the individual is identified

All other crimes: within 6 years after the offense is committed

Tolling Provision

The statute of limitations doesn’t run during any period during which the party charged did not usually and publicly reside within the state.

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