Wisconsin 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 Wisconsin and most other states, 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. In certain instances, statutes of limitations are "tolled" (suspended), allowing the government more time to bring a case.

Statute of Limitations: Felonies and Misdemeanors

Like many states, Wisconsin 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:

• six years for felonies, and
• three years for misdemeanors.

(Wis. Stat. § 939.74 (2020).)

Statute of Limitations: Specific Crimes

Below are examples of time limits for specific crimes in Wisconsin. 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 time limit, any new changes to the law extending time limits don't apply to that case—it remains time-barred.

Murder and Homicide

• First- and second-degree intentional homicide: no time limit
• Felony murder: no time limit
• First-degree reckless homicide: no time limit
• Second-degree reckless homicide: 15 years after the crime

Sexual Assault, Exploitation, and Trafficking Crimes

• First-degree sexual assault of a child: no time limit
• Second-degree sexual assault of a child: before the victim reaches age 45
• Repeat sexual assault of the same child
• Class A or B felony: no time limit
• Class C felony: before the victim reaches age 45
• Class D or E felony: before the victim reaches age 26
• Sexual exploitation or trafficking of a child: before the victim reaches age 45
• Patronizing or soliciting a child for prostitution: before the victim reaches age 45
• Sexual assault of a child by a school staff person or volunteer: before the victim reaches age 45
• First-degree sexual assault (victim age 16 or older): no time limit
• Second- and third-degree sexual assault (victim age 16 or older): 10 years after the crime

Child Abuse

• Physical abuse of a child
  • Intentional acts causing great bodily harm: before the victim reaches age 45
  • Acts causing bodily harm or failing to prevent bodily harm: before the victim reaches age 26
  • Repeat acts against the same child causing death or great bodily harm: before the victim reaches age 45
  • Repeat acts against the same child that create a risk of great bodily harm: before the victim reaches age 26
• Mental abuse of a child: before the victim reaches age 26

Theft-Related Crimes

• Felony theft (over $2,500): 6 years after the crime
• Misdemeanor theft ($2,500 and less): 3 years after the crime
• Racketeering and engaging in a continuing criminal enterprise: 6 years after criminal activity ends

Tolling the Statute of Limitations

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, Wisconsin allows extra time for prosecutors to file charges in felony sexual assault cases where DNA evidence is collected. In cases where the limitations period has otherwise expired, the prosecutor has 12 months to file criminal charges after a probable DNA identification of the suspect.

Sexual exploitation by a therapist. The law also takes into account that a victim who is sexually abused by a therapist may be unable to report the crime due to threats or effects of the abuse. The statute of limitations doesn't include any time during which the victim was unable to report the crime.

Breach of fiduciary duty. Wisconsin law also extends a prosecutor's window to charge crime involving a breach of a fiduciary duty involving misappropriation of property. The prosecutor has one year after the discovery of the offense to bring charges, up to a maximum extension of five 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 Wisconsin, the statute of limitations doesn't run while the defendant is not publicly a 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.