Below are the statutes of limitation for criminal cases in Texas which set forth the time periods within which a legal proceeding must be commenced. If the state fails to bring a case within the specified time period, it loses its right to prosecute for that crime forever. 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.
Tex.Code Crim. Proc. Ann. art 12.01 et seq.
Felonies in Texas
| Felony | Statute |
| Murder and manslaughter | No time limit |
| Sexual assault or aggravated sexual assault | No time limit |
| Offenses against young children | No time limit |
| Leaving the scene of an accident which resulted in death | No time limit |
| Trafficking of persons | No time limit |
| Offenses related to theft by a fiduciary | 10 years |
| Theft by a public servant of government property | 10 years |
| Forgery | 10 years |
| Injury to the elderly or disabled | 10 years |
| Sexual assault or aggravated sexual assault | 10 years |
| Arson | 10 years |
| Compelling prostitution | 10 years |
| Misapplication of fiduciary property | 7 years |
| Securing execution of a document by deception | 7 years |
| Money laundering | 7 years |
| Credit card or debit card abuse | 7 years |
| Fraudulent use or possession of identifying information | 7 years |
| Bigamy | 7 years |
| Medicaid fraud | 7 years |
| Theft or robbery | 5 years |
| Kidnapping or burglary | 5 years |
| Injury to an elderly or disabled individual | 5 years |
| Abandoning or endangering a child | 5 years |
| Insurance fraud | 5 years |
| Sexual performance by a child, if victim younger than 17 | 20 years from 18th birthday of the victim |
| Other felonies | 3 years |
Misdemeanors in Texas
| Misdemeanor | Statute |
| Prostitution, pimping, and pandering | Within 2 years |
| Possession of up to two ounces of marijuana | Within 2 years |
| Theft of property worth less than $50 | Within 2 years |
| Other misdemeanors | Within 2 years |
DNA Evidence
There is no time limit for prosecution of sexual assault if testing of DNA gathered shows that it does not match the victim or any other person whose identity is readily ascertained.
Tolling Provisions
The period of limitation is suspended for:
- time during which the accused is absent from the state
- time during which the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction, determined to be invalid for any reason
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