Oklahoma Criminal Statute 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 charged can have the case dismissed.

In Oklahoma and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder) have no statute of limitations—meaning a criminal case can be filed at any time.

Statute of Limitations: Felonies and Misdemeanors

Like many states, Oklahoma sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, the statute of limitations is three years. (More information on the state's offense classification can be found in our articles on Oklahoma felonies and misdemeanors.)

(Okla. Stat. tit. 22, §§ 151, 152, 153 (2020).)

Statute of Limitations: Specific Crimes

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

Also, most statutes of limitations begin to run when the crime occurs. But in circumstances where it's difficult to discover the crime—such as in cases of fraud or misuse of funds—Oklahoma doesn't start the clock until the crime is discovered.

Murder and Violent Crimes

• Murder: no time limit
• Solicitation for murder in the first degree: 7 years after the discovery of the offense
• Felony involving the use of a deadly weapon (including attempts): 7 years after the offense
• Arson: 7 years after the offense

Sex Offenses

• Sex crimes against children: before the victim turns 45
• Rape
• Sodomy
• Sexual battery
• Procuring minors for pornography
• Child abuse
• Child trafficking
• Sex crimes against adults: 12 years after the offense is reported to law enforcement

Crimes Against the Government

• Bribery: 7 years after discovery of the offense
• Embezzlement or misappropriation of public money, assets, or property: 7 years after discovery of the offense
• Embezzlement or misappropriation of school district money, assets, or property: 5 years after discovery of the offense
• Conspiracy to defraud the state: 7 years after the discovery of the offense
• State tax fraud: 5 years after discovery of the offense
• Medicaid fraud: 5 years after discovery of the offense

Theft and Fraud-Related Crimes

• False personation or identity theft: 5 years after discovery of the offense
• Financial exploitation of a vulnerable adult: 5 years after discovery of the offense
• Criminal fraud: 3 years after discovery of the offense (up to a maximum of 7 years after the offense)
• Workers’ compensation fraud: 3 years after discovery of the offense (up to a maximum of 7 years after the offense)

Tolling the Statute of Limitations

In certain instances, the law delays (or tolls) the starting of the time clock and allows the government more time to bring charges in a case. This delay might happen in cases where victims are particularly afraid to report a crime or when the suspect actively conceals a crime.

DNA evidence. For instance, Oklahoma’s law allows prosecutors to file charges in sexual offense cases at any time when DNA evidence is collected and preserved. Once a suspect’s identity is established through a DNA match, the prosecution has three years to file the charges.

Evading prosecution. Also, if a person tries to evade (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. In Oklahoma, the statute of limitations doesn’t run while the defendant is not an inhabitant or resident of the state.

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.