Texas Criminal Statutes 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 Texas’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. If the prosecution charges someone after the applicable time period has passed, the person can usually have the case dismissed.

It's a common misconception that the prosecutor can't file charges once the limitations period expires. But that's not the case. The prosecution can file the charges, and it will be up to the defense to challenge the timing of the charges.

How Long After Committing a Crime Can You Be Charged in Texas?

In Texas and most other states, the time limits for charging depend on the offense level or the specific crime. Violent crimes generally have longer statutes of limitations, and some crimes (like murder and sexual assault of a child) have no statute of limitations—meaning a criminal case can be filed at any time.

Time limits generally start on the date the crime is committed. But in some situations, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case. Leaving the state is an example of a situation that can stop the clock from running and extend the state's time to file charges.

Common time limits for filing criminal charges in Texas are:

• 2 years: most misdemeanors
• 3 years: felonies unless otherwise specified
• 5, 7, or 10 years: specified felonies (such as theft, fraud, assault, and burglary)
• 10 or 20 years after age 18: specific to child-victim crimes
• No time limit: murder, manslaughter, child sex crimes

Let's say a person commits felony-level theft (5-year limitation period) on January 1, 2025. The state would have until January 1, 2030, to file charges.

Examples of crimes that can be prosecuted at any time in Texas include:

• murder
• manslaughter
• intoxication manslaughter
• sexual assault of a child
• aggravated sexual assault of a child
• continuous sexual abuse of a child younger than 14
• child sex trafficking
• continuous human trafficking
• burglary with intent to commit a sexual assault, and
• failure to stop or report child sexual or physical assault.

Additional crimes with no statute of limitations are identified below. (Some are repeated.)

(Tex. Crim. Proc. Code art. 12.01 (2026).)

Statutes of Limitations for Specific Crimes in Texas

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

(Tex. Crim. Proc. Code arts. 12.01, 12.02 (2026).)

General Time Limits for Felony and Misdemeanor Charges

Crimes not specifically listed in the statute default to a general statute of limitations based on the offense level of the crime.

The general time limits are:

• 3 years for felonies, and
• 2 years for misdemeanors.

(Tex. Crim. Proc. Code arts.12.01, 12.02 (2026).)

When Does the Statute of Limitations Start in Texas?

Generally, the statute of limitations starts when the crime occurs. But in circumstances where it’s difficult to discover the crime or a particular kind of victim might be scared to report it, the law might delay the starting of the time clock.

For instance, Texas law doesn’t start the clock for certain crimes committed against a child until the victim reaches adulthood. Some examples include charges for:

• child kidnapping: the time limit is 20 years from victim’s 18th birthday
• child trafficking: the time limit is 20 years from victim’s 18th birthday, and
• injury to a child: the time limit is 10 years from victim’s 18th birthday.

Also, if a person tries to “evade” (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. In Texas, the statute of limitations is tolled while the defendant is absent from the state.

(Tex. Crim. Proc. Code arts. 12.01, 12.05 (2026).)

How to Use the Statute of Limitations as a Defense

The defense must raise the issue with the court. Not raising the statute-of-limitations defense waives it (gives it up).

Typically, the defense attorney will file a motion with the court asking for the charges to be dismissed as untimely—that is, being filed after the expiration of the statute of limitations. The state will need to prove it acted within the applicable time limit if it hopes to save the case. If the court decides the state didn't file the charges within the statute of limitations, it will dismiss the charges.

Can the Statute of Limitations Change?

Lawmakers can and do change limitations periods. For example, in 2007, the Texas legislature changed the time limit for charging sexual assault on a child from a set number of years to no time limit at all.

When statutes of limitations change, the question becomes whether the new time period applies to crimes committed before the law changed. The answer depends on a couple of factors and can be complicated. Importantly, a new time limit doesn't apply if the prosecutor had already run out of time to file the charges before the change. In other words, the law can't revive a "dead" case. But, if the charges were still viable, the new time limits in the law typically apply.

You might want to consult with an attorney if you have questions about a specific statute of limitations.

Time to Talk to a Lawyer

Statutes of limitations are confusing, to say the least. Plus, the same conduct can be the basis for multiple criminal charges, meaning that more than one limitation period could apply. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.