Statutes of limitations set time limits for prosecutors to file charges in a criminal case.
Updated 2/20/2026
In most circumstances, the district attorney (DA) 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 Oregon'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 first-degree theft by stealing a vehicle. The crime happens on January 1, 2025. The DA 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 Does the DA Have to File Charges in Oregon?
In Oregon 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. In certain instances, statutes of limitations are “tolled” (suspended), allowing a DA more time to bring a case.
Oregon's Statutes of Limitations for Felonies, Misdemeanors, and Violations
Like many states, Oregon 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
- two years for misdemeanors, and
- six months for violations.
(Or. Rev. Stat. §§ 131.125 to 131.155 (2026).)
Oregon's Statutes of Limitations for Specific Crimes
Below are examples of time limits for specific crimes in Oregon. 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. In other words, 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.
| Crime | Time Limit |
|---|---|
| Murder and Manslaughter | |
| Aggravated murder and murder (including attempts, conspiracy to commit, or solicitation to commit) | No time limit |
| Manslaughter | No time limit |
| Rape and Sex Crimes | |
| First-degree rape, sodomy, or sexual abuse (adult victim) | 20 years after the crime |
| First-degree rape, sodomy, or sexual abuse (child victim) | The later of 20 years after the crime or before the victim turns 30 |
| Second- and third-degree rape or sodomy (adult victim) | 6 years after the crime |
| Second- and third-degree rape or sodomy (child victim) | Before the victim turns 30 or within 12 years of being reported to police or human services |
| Promoting or compelling adult prostitution | 6 years after the crime |
| Promoting or compelling child prostitution | Before the victim turns 30 or within 12 years of being reported to police or human services |
| Crimes Against the Elderly | |
| Crimes against a person age 65 or older, including theft or aggravated theft in the first degree ($1,000 or more), extortion, robbery in the first to third degrees, forgery in the first degree, and identity theft | 6 years after the crime |
| Theft | |
| Felony theft ($1,000 or more) | 3 years after the crime |
| Misdemeanor theft (less than $1,000) | 2 years after the crime |
| Assault and Strangulation | |
| First-, second-, and third-degree assault | 3 years after the crime |
| Fourth-degree assault | 2 years after the crime |
| Felony or misdemeanor strangulation (adult victim) | 4 or 6 years after the crime |
| Felony strangulation of a child | Before the victim turns 30 or within 12 years of being reported to police or human services |
| Misdemeanor strangulation of a child | Before the victim turns 22 or within 4 years of being reported to police or human services |
When Do the Statute of Limitations Start in Oregon?
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.
DNA Evidence
For instance, Oregon allows extra time for prosecutors to file charges in felony rape, sexual abuse, sodomy, and unlawful sexual penetration cases where DNA evidence is collected and identifies the suspect.
If the original time limit has not expired, the prosecutor can bring charges at any time for first-degree cases. The prosecutor has 25 years from the date of the crime in second-degree cases.
If the original time limit expired before the DNA identification, the charges must be filed within two years of the DNA match.
Corroborating Evidence
Charges can be filed at any time in first-degree rape, unlawful sexual penetration, sodomy, and sexual abuse cases, where the prosecution obtains corroborating evidence of the crime. Corroborating evidence includes physical evidence (other than DNA), a confession, or the victim’s oral or written statement given to another person close in time to the crime.
Fraud, Breach of Fiduciary Duty, or Invasion of Privacy
Oregon law also extends a prosecutor’s window to charge crimes involving fraud, a breach of fiduciary duty, or an invasion of personal privacy. The prosecutor has one year after discovery of the offense to bring charges, with a maximum extension of three years. If the offense is sexual abuse by fraud, the prosecutor has six years after the victim becomes or reasonably should become aware of the offense.
Misconduct in Public Office
For offenses committed by a public official, officer, or employee, the prosecutor can bring the case any time the defendant remains in public office or employment or within two years after leaving the position. The maximum extension for filing charges is three years.
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 Oregon, the statute of limitations doesn’t run while the defendant conceals themself from the authorities or does not reside in the state, for up to a maximum of 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.
In This Article
- What Are Criminal Statutes of Limitations?
- How Long Does the DA Have to File Charges in Oregon?
- Oregon's Statutes of Limitations for Felonies, Misdemeanors, and Violations
- Oregon's Statutes of Limitations for Specific Crimes
- When Do the Statute of Limitations Start in Oregon?
- Time to Talk to a Lawyer
Copyright ©2026 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, Cookie Policy, and Consumer Health Data Notice.
Your Privacy Choices