Statutes of Limitation for Crimes

A statute of limitation is a time period, set by law, during which the government can charge you for a crime. You cannot be charged for a crime once that time period has passed.

A statute of limitation usually starts counting down on the date of the alleged crime.

Exceptions include certain crimes against children, which start when the child turns 18. Also, the statute of limitation for lying about the identity of an egg or sperm donor starts at the time the crime is discovered.

It depends on the crime and whether the statute of limitations is tolled. For example, a statute of limitations pauses when you are charged and does not start again until charges are dismissed. Also, time spent outside of Texas does not count toward the statute of limitation for most crimes. 

See Texas Code of Criminal Procedure, Art. 12.01 for a full list of crimes and their statutes of limitation.

Here is a shortened list:

Two years: All misdemeanors

Two years after the crime is discovered: A medical professional lying about the identity of an egg or sperm donor

Five years: 

• Most felony robbery and theft crimes
• Insurance fraud

Seven years:

• Most financial fraud, other than insurance fraud
• Identity theft 
• Bigamy
• Possession or promotion of child pornography

10 years:

• Forgery
• Arson
• Lesser sexual assault charges
• Injury to an elderly or disabled person resulting in bodily injury
• Human trafficking
• Compelling prostitution by force, threat, coercion, or fraud

10 years from a minor victim's 18th birthday:

• Injury to a child
• Child endangerment
• Bigamy

20 years from a minor victim's 18th birthday (If the victim was younger than 17yrs old when offense was committed):

• Aggravated burglary with the intent to commit sexual assault
• Kidnapping with the intent to commit sexual assault

20 years from a minor victim's 18th birthday:

• Human trafficking of a child or disabled individual
• Sexual performance by a child

No limitation:

• Murder
• Manslaughter
• Nonconsensual sexual assault with penetration
• Sex crimes involving children
• Child trafficking
• Compelling prostitution of a child younger than 18 years

Three years: Felonies not listed in Texas Code of Criminal Procedure, Art. 12.01. 

"Tolling" extends a statute of limitation based on some event. There are two main ways to toll a statute of limitation in Texas.

• Charges brought: The statute of limitation pauses when you are charged (when the government brings an indictment or information). It does not start counting down again until charges are dismissed.
• Leaving Texas: Any time spent outside of Texas does not count toward the statute of limitation.