What is a criminal statute of limitations?
A statute of limitations sets the maximum time between the commission of a crime and the start of a prosecution. In federal court, a case "starts" when an indictment is returned or an information is filed. If the deadline passes first, the defendant can ask the court to dismiss the charge.
Lawmakers give three main reasons for these deadlines: evidence and memories fade, people deserve repose after many years, and the rule encourages police and prosecutors to investigate promptly.
- Federal default
- 5 years for non-capital offenses (18 U.S.C. § 3282)
- No limit
- Capital offenses (§ 3281) and murder in nearly all states
- When the clock starts
- Usually when the crime is complete; for continuing offenses, when the conduct ends
- Tolling
- Paused while the suspect is a fugitive (§ 3290) and in other situations set by statute
Federal and state rules
Federal law sets a general five-year limit, then carves out exceptions. Examples include longer periods for certain bank fraud offenses, terrorism offenses and many crimes against children, some of which can be charged at any time. States write their own rules. A common pattern looks like this:
| Type of crime | Typical rule |
|---|---|
| Murder | No limit in nearly every state |
| Other serious felonies (e.g., sexual assault, kidnapping) | Long periods or no limit, often extended for child victims |
| Ordinary felonies | Roughly 3 to 7 years |
| Misdemeanors | Often 1 to 2 years |
Always check the specific state code, because periods for the same crime differ widely.
How tolling works
"Tolling" means the clock stops running. Common reasons include:
- Fleeing from justice: no limit runs while a person flees to avoid prosecution.
- Absence from the state: many states pause the clock while the suspect lives out of state.
- Delayed discovery: some states start the clock when a fraud or child abuse is discovered or reported, not when it happened.
- DNA evidence: many states allow charges after a DNA match even if the normal period has passed.
A criminal deadline and a civil deadline are separate. Even if prosecutors can no longer bring charges, a victim may still have time to sue, or the reverse. Each claim has its own clock.
How other countries handle it
- South Korea: periods range from 1 to 25 years based on the maximum sentence, and since 2015 there is no limit for homicides punishable by death (sometimes called the "Taewan Act").
- Japan: a 2010 amendment abolished the limit for crimes that cause death and carry the death penalty, such as murder.
- China: the Criminal Law sets 5, 10, 15 and 20 years, and a case can still be brought after 20 years with approval from the Supreme People’s Procuratorate.
Once a case reaches final judgment, a different rule takes over: double jeopardy. For the full U.S. process, see U.S. criminal procedure.
Frequently asked questions
- Is there a statute of limitations on murder?
- Generally no. Federal law and nearly every state allow murder to be charged at any time.
- Does the clock stop if the suspect leaves the country?
- Usually yes. Federal law tolls the period for people fleeing from justice, and many states pause it while the suspect is absent.
- Can a defendant waive the statute of limitations?
- In federal court it is generally treated as an affirmative defense, so it can be waived if not raised. Some states treat it as jurisdictional.
References
- 형사소송법 제249조~제253조의2 (국가법령정보센터 law.go.kr)
- 성폭력범죄의 처벌 등에 관한 특례법 제21조 (국가법령정보센터)
- 18 U.S.C. §§ 3281, 3282, 3290 (Legal Information Institute, law.cornell.edu)
- 刑事訴訟法第250条・第254条・第255条（e-Gov法令検索 laws.e-gov.go.jp）
- 法務省「公訴時効の改正について」（平成22年法律第26号）
- 《中华人民共和国刑法》第八十七条至第八十九条（国家法律法规数据库 flk.npc.gov.cn）