Nebraska Criminal Statute of Limitations

In most circumstances, the government has 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 Nebraska's statutes of limitations for several types of offenses.

What Are Criminal Statutes of Limitations?

Statutes of limitations set time limits for the government to bring criminal charges in a case. Say someone committed felony theft on January 1, 2025. The state would generally have three years from that date to file charges in the case. If the prosecution charges someone after the applicable time period has passed, the person charged can have the case dismissed.

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

In Nebraska and most other states, the time limits for filing criminal charges depend on the offense level (felony, misdemeanor), the type of offense, or both. Violent crimes generally have longer statutes of limitations, and some crimes (like murder and certain sex crimes) have no statute of limitations—meaning a criminal case can be filed at any time.

What Are Nebraska's Criminal Statutes of Limitations?

Like many states, Nebraska’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:

• one year for misdemeanors with a maximum fine of $100 or a maximum sentence of three months in jail
• 18 months for all other misdemeanors, and
• three years for felony offenses.

Nebraska defines misdemeanors as offenses that have a maximum one-year sentence. Felonies carry the possibility of more than one year in prison.

(Neb. Rev. Stat. § 29-110 (2026).)

Nebraska's Statutes of Limitations for Specific Crimes

Below are examples of time limits for specific crimes in Nebraska. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances, exceptions, and legislative changes—and know that court rulings can affect the interpretation of the law.

When Do Criminal Statutes of Limitations Start in Nebraska?

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.

Child sexual abuse material. For instance, Nebraska law allows charges for possession of child sexual abuse material to be prosecuted seven years after the commission of the offense or seven years after the victim’s 18th birthday, whichever is later.

Fleeing from justice. Also, if a person tries to “evade” (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. In Nebraska, the statute of limitations doesn’t apply to any person fleeing from justice.

When Should You Talk to a Lawyer?

Statutes of limitations can end a case. If the state fails to file charges within the applicable time limits, it loses its right to prosecute that case. But generally, the defendant must raise the statute of limitations as a defense. Consult a knowledgeable criminal defense attorney in your area to understand how the statutes of limitations apply in a specific case.