Statute of Limitations

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 What is the Statute of Limitations? 2 How does it work? 3 What are the Statute of Limitations periods in Texas? 4 Notes

What is the Statute of Limitations?

In most criminal cases, there is a limitations period. This is a period of time, beginning on the date an offense was allegedly committed, during which a crime can be charged. For instance: If Bob stole some gum from the store, the police have two years to find out who stole the gum and charge Bob with the crime. If Bob stole the gum on 1/1/2001, and was not charged with that theft by 1/1/2003, Bob can no longer be charged with the crime.

How does it work?

For a criminal proceeding to be barred by limitations, the period of limitations must be expired before any charging instrument is filed. If you think that Limitations might be an issue in your case, compare two dates, the date of the alleged offense and the date on the charging instrument. If the time between those two dates is longer than the period of limitations, then you have a Statute of Limitations defense.

What are the Statute of Limitations periods in Texas?

Offense	From Date of Offense
Murder Manslaughter Sexual Assault of a Child Aggravated Sexual Assault of a Child Sexual Assault with inconclusive DNA Continuous Sexual Assault of a Young Child or Children Indecency with a Child Leaving the Scene of an Accident Involving Death	No Limitations Period - Charges of this kind can always be filed
Sexual Performance by a Child Aggravated Kidnapping Burglary of a Habitation with intent to commit sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a child, or aggravated kidnaping with intent ot abuse sexually	20 years from the 18th birthday of the victim if the victim is younger than 17 at the time of the offense
Indecency with a Child by contact or exposure Sexual Assault of a Child Aggravated Sexual Assault of a Child Injury to a Child	10 years from the 18th birthday of the child
Felony Theft of any estate with intent to defraud Theft by a public servant Injury to the Elderly or Disabled (if it's a First Degree Felony) Sexual Assault (unless inconclusive DNA) Arson	10 years
Misapplication of Fiduciary Property or property of a financial institution Securing execution of a document by deception Certain violations of the Tax Code (Section 162.403 (22) - (39)) False Statement to Obtain Property or Credit Money Laundering Credit or Debit Card Abuse Fraudulent Use or Possession of Identifying Information	7 years
Felony Theft Robbery Kidnapping Burglary without sex-crime intent Injury to a child, elderly, or disabled person Abandoning or endangering a child Insurance Fraud	5 years
All other Felonies	3 years
Any Misdemeanor	2 years

Notes

Someone charged with a crime can not "run out statute of limitations" by ignoring the charge, jumping bail, or failing to show up for court. That's not how it works. Once a charge is filed, the limitations period stops, and no delay in the court process can create a limitations issue.

The Statute of Limitations exists so that people are not exposed to criminal charges for events that are alleged so long ago that they could never put together evidence to defend themselves. Imagine being asked to come to court and answer for your whereabouts thirty years ago. This is what the statute of limitations seeks to prevent.

Discuss this article with the Law Office of Alison Grinter