Missouri Criminal Statute of Limitations

In most circumstances, prosecutors 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 on to learn about Missouri'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. Say a person commits third-degree domestic assault on January 1, 2025. Missouri prosecutors would generally have three years from that date to file charges. If the prosecution charges a suspect after the applicable time period has passed, that suspect can ask the court to dismiss the charges.

How Long Do Prosecutors Have to File Criminal Charges in Missouri?

In Missouri and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and forcible rape) have no statute of limitations—meaning a criminal case can be filed at any time. In certain instances, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case.

What Crimes Have No Statutes of Limitations in Missouri?

The following crimes have no statutes of limitations in Missouri and can be prosecuted at any time:

• murder
• first-degree rape and forcible rape (including attempted)
• first-degree sodomy and forcible sodomy (including attempted)
• unlawful sexual offense against a child, and
• any class A felony.

Examples of class A felonies include:

• first-degree assault or domestic assault resulting in serious physical injury
• child kidnapping
• first-degree robbery, and
• treason.

(Mo. Rev. Stat. §§ 556.036, 556.037 (2026).)

Missouri's Statutes of Limitations for Felonies, Misdemeanors, and Infractions

Like many states, Missouri 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 for other crimes are:

• three years for felonies (classes B through E)
• one year for misdemeanors, and
• six months for infractions.

(Mo. Rev. Stat. § 556.036 (2026).)

Missouri's Statutes of Limitations for Specific Crimes

Below are examples of time limits for specific crimes in Missouri. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances and exceptions.

And know that changes to limitations periods made by the legislature apply only to crimes not yet time-barred. This means that, if the prosecution already ran out of time to file charges under the old law, any new changes to the law extending time limits don't apply.

When Do Criminal Statutes of Limitations Start in Missouri?

Generally, the statute of limitations starts when the crime occurs. Missouri law specifically states that time starts to run the day after the offense is committed. Also, 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.

DNA Evidence

Missouri law stops the clock at the point a DNA profile is developed and filed in a case based on evidence from the crime. The clock starts again once the accused is identified based on a DNA match.

Misconduct in Public Office

For crimes involving misconduct in public office or employment, the law allows prosecutors extra time to file a case. If the time limit has already expired, the prosecution can still file a claim during any time the person remains in office or within two years of leaving office, with a maximum extension of three years.

Breach of Fiduciary Duty

Missouri law also extends a prosecutor’s window to charge crimes involving fraud or breach of a fiduciary duty. The prosecutor has one year after discovery of the offense to bring charges, with a maximum extension of three years.

Evading Prosecution

If a person tries to “evade” (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. In Missouri, the statute of limitations doesn’t run while the defendant conceals themself or is absent from the state. For an absent defendant, the extension is limited to three years.

Time to Talk to a Lawyer

Statutes of limitations are confusing, to say the least. The same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. And because lawmakers can make changes to statutes of limitations, the time limit currently in law might not apply to a past crime. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.