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Criminal statute of limitations

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Key facts: Under federal law, most non-capital federal offenses must be charged within five years, while capital offenses can be prosecuted at any time.[2][3]

A criminal statute of limitations is a law that bars prosecution of a crime once a set period of time has passed since the offense.[1]These periods differ by jurisdiction and by the type of offense charged.[1]

Definition

A statute of limitations is any law that bars claims after a certain period of time passes after an injury, and this concept applies to both civil and criminal cases.[1]The clock may begin running from the date of the injury, the date it was discovered, or the date it would have been discovered with reasonable effort.[1]Some limitation periods come from legislative statutes, while others derive from judicial common law.[1]For background on how crimes are defined and charged in the first place, see elements of a crime and what is criminal law.

Why limitation periods exist

The sources describe what a statute of limitations is but do not elaborate on policy rationales in detail, so only the general definition can be stated here: a limitation period is a law that bars claims, including criminal charges, after a specified period has elapsed.[1]Because limitation periods are tied to the type of claim and the jurisdiction, their underlying purpose and length are not uniform across the legal system.[1]Readers wanting more on how the government decides what and when to charge can review arraignment and the criminal process step by step.

Federal limitation periods

Under federal law, except where otherwise expressly provided, no person may be prosecuted, tried, or punished for a non-capital federal offense unless an indictment is found or an information is instituted within five years after the offense was committed.[2]This five-year period applies broadly to federal offenses that are not punishable by death.[2]Federal law also addresses certain indictments involving an unidentified accused linked by a DNA profile, which receive special treatment regarding the limitations period.[2]For more on offenses prosecuted in federal court generally, see federal crimes.

Crimes with no limitation period

Federal law provides that an indictment for any offense punishable by death may be found at any time, without any limitation period.[3]This means capital federal offenses are not subject to the five-year default period that applies to other federal crimes.[2][3]Offenses such as murder can raise capital-offense considerations depending on the charge and jurisdiction, though limitation rules for any particular charge depend on the specific law involved.[3]

Tolling

Tolling refers to circumstances that pause or extend a limitation period. Federal law notes that statutes of limitations do not extend to, or protect, persons who are fleeing from justice, a principle addressed elsewhere in the federal code referenced alongside the general federal limitations provision.[2]Federal law also sets out a specific rule for certain indictments tied to a DNA profile when the identity of the accused is unknown, which is excepted from the ordinary limitations period until the individual is arrested or served with a summons.[2]

How states differ

Limitation periods vary depending on the jurisdiction and the type of claim involved, which means state criminal limitation periods are not uniform with each other or with federal law.[1]Because statutes of limitations may be set by legislative statute or may arise from judicial common law, the source and structure of these rules can also differ from one jurisdiction to the next.[1]Readers examining how a specific type of offense is treated, such as theft, drug crimes, white-collar crimes, or sex offenses, should keep in mind that limitation rules depend on the jurisdiction and offense category.[1]For general background on how criminal law is organized across the states and federal system, see criminal law vs civil law and criminal law basics.

Common questions

How long does the government have to file charges?

For most non-capital federal offenses, the government must find an indictment or institute an information within five years after the offense was committed.[2]Limitation periods for state offenses vary by jurisdiction and by the type of offense charged, since statutes of limitations are not uniform across legal systems.[1]

What federal crimes have no statute of limitations?

Federal offenses punishable by death may be indicted at any time, without any limitation period.[3]This is an exception to the general five-year period that otherwise applies to non-capital federal offenses.[2]

What pauses the clock?

Federal law notes that the limitations period does not extend to protect a person who is fleeing from justice, a rule tied to the general federal limitations provision.[2]Federal law also carves out a special rule for certain indictments involving an unknown accused identified by a DNA profile, which are excepted from the ordinary limitations period until the person is arrested or served with a summons.[2]

Does the start date always match the date of the crime?

Not necessarily; a limitation period may begin to run from the date of the injury, the date it was discovered, or the date it would have been discovered with reasonable effort.[1]Which approach applies depends on the jurisdiction and type of claim.[1]

Are statutes of limitations the same for civil and criminal cases?

No single rule covers both; statutes of limitations exist for both civil and criminal causes of action, but the periods vary depending on the jurisdiction and the type of claim.[1]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i j k l m n o p q "Statute of limitations (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j k l "18 U.S.C. § 3282". U.S. Code via Legal Information Institute. Retrieved November 2026.
  3. ^ a b c d e f "18 U.S.C. § 3281". U.S. Code via Legal Information Institute. Retrieved November 2026.