State Criminal Statutes of Limitations in Sexual Abuse Crimes

Below is a chart of State Statutes of Limitations and Citations with a brief summary of each State Statute.

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Alabama Rape None No 15-3-5
Summary: 15-3-5 There is no limitation of time within which a prosecution must be commenced for: Any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death.
Alaska Sexual offenses None No AS § 09.10.065
Summary: 09.10.065. Commencement of actions for acts constituting sexual offenses. (a) A person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses:(1) felony sexual abuse of a minor; (2) felony sexual assault; or(3) unlawful exploitation of a minor. (b) Unless the action is commenced within three years of the accrual of the claim for relief, a person may not bring an action for conduct that would have, at the time the conduct occurred, violated the provisions of any of the following offenses:(1) misdemeanor sexual abuse of a minor; (2) misdemeanor sexual assault; (3) incest; or (4) felony indecent exposure.
Arizona Violent sexual offenses None Yes § 13-107
Summary: 13-107 A prosecution for any violent sexual assault pursuant to section 13-1423,may be commenced at any time.
Arkansas Sexual assault(1st degree) None Yes § 5-1-109 Yes
Summary: 5-1-109 A prosecution for Sexual assault in the first degree may be commenced at any time.
California Rape 10 years Yes Cal. Penal Code §§ 799, 800, 801, 803 Yes
Summary: Cal. Penal Code §§ 799, 800, 801, 803(B) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
Colorado Sexual assault 10 years Yes §16-5-401 Yes
Summary: 16-5-401 statute of limitations indefinitely for sexual assaults committed after July 1, 1991, that meet the identity and reporting criteria of subsection (8)(a.5), prosecution of the charges against defendant was not yet time-barred.
Connecticut Sexual assault 5 years Yes Sec. 54-193b Yes
Summary: 54-193b. Limitation of prosecution for sexual assault offenses when DNA evidence available: there shall be no limitation of time within which a person may be prosecuted for a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, provided (1) the victim notified any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense not later than five years after the commission of the offense, and (2) the identity of the person who allegedly committed the offense has been established through a DNA (deoxyribonucleic acid) profile comparison using evidence collected at the time of the commission of the offense.
Delaware Rape None Yes 11.§ 205 Yes
Summary: 11.§ 205 A prosecution for any class A felony or any attempt to commit said crimes, may be commenced at any time.
DC Sexual Abuse 15 years No § 23-113 Yes
Summary: § 23-113 2) A prosecution for the following crimes and any offense that is properly joinable with any of the following crimes is barred if not commenced within fifteen (15) years after it is committed: (A) first degree sexual abuse (D.C. Official Code § 22-3002); (B) second degree sexual abuse (D.C. Official Code § 22-3003)
Florida Sexual Battery 4 years Yes § 775.15 Yes
Summary: 775.15 A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
Georgia Forcible rape 15 years Yes § 17-3-1, 17-3-2.1 Yes
Summary: 17-3-2.1 prosecution for the crime of forcible rape shall be commenced within 15 years after the commission of the crime.
Guam Sexual Assault None No § 10.17
Summary: No Limitaion on Crimes of First and Second Degree Criminal Sexual Conduct.
Hawaii Sexual assault 3-6 years Yes Rev. Stat. §701-108 Yes, Minority, Tolling
Summary: §701-108 eliminated the statute of limitations for a criminal prosecution of sexual assault in the first or second degree, and continuous sexual assault of a minor under the age of fourteen years.
Idaho Rape None No § 19-401 Yes
Summary: § 19-401 No statute of limitations for certain felonies. Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced: Rape pursuant to section 18-6101(3) through (9), or section 18-6108(3) through (7), Idaho Code;(4) Sexual abuse of a child.
Illinois Sexual assault 10 years (as long as victim reported offense to law enforcement authority within 3 years after offense) Yes 720 Ill. Comp. Stat. 5/3-5 Yes
Summary: 720 Ill. Comp. Stat. 5/3-5 A prosecution for:involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time.
Indiana Rape (Class B, C, or D) 5 years Yes § 35-41-4-2 Yes
Summary: 35-41-4-2 A prosecution for an offense is barred unless it is commenced: (1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5 or Level 6 felony (for a crime committed after June 30, 2014)
Rape (Class A) None
Iowa Sexual abuse 10 years Yes § 802.2 Yes
Summary: 802.2 An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age. 2. An information or indictment for any other sexual abuse in the first, second, or third degree shall be found within ten years after its commission,
Kansas Sexual crimes Yes Yes
Kentucky Rape None No § 500.050 Yes
Summary: 500.050 Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time. Some sexual assault related offenses are felonies and others are misdemeanors.
Louisiana Rape None Yes La Code 571 Yes
Summary: 571.1 Art. 571.1. Time limitation for certain sex offenses Except as provided by Article 572 of this Chapter, the time within which to institute prosecution of the following sex offenses, regardless of whether the crime involves force, serious physical injury, death, or is punishable by imprisonment at hard labor shall be thirty years.
Maine Sexual assault 8 years No 17-A §8.2 Yes
Summary: 17-A §8 Prosecution of unlawful sexual contact, rape or gross sexual assault formerly denominated as gross sexual misconduct, may be commenced at any time.
Maryland Rape None §5-106 `
Summary: 5-106 Maryland has no statutes of limitations for felonies - crimes that seriously threaten human life.
Massachusetts Rape 15 years General Laws 277, § 63 Yes
Summary: 277,§ 63 Notwithstanding any other provision of this section, an indictment or complaint alleging an offense of indecent assault and battery, or an offense of rape, may be found and filed at any time after the commission of such offense, provided that the victim was under the age of 18 when the offense was committed.
Michigan Criminal sexual conduct 10 years Yes § 767.24
Summary: 767.24 An indictment for the following crime may be found and filed at any time: criminal sexual conduct in the first degree.
Minnesota Sexual offenses 3 years Yes § 628.26 Yes
Summary: 628.26 Indictments or complaints for violation of sections 609.342 to 609.345 if the victim was under the age of 18 years at the time the offense was committed, shall be found or made and filed in the proper court within the later of nine years after the commission of the offense or three years after the offense was reported to law enforcement authorities.
Mississippi Rape None No § 99-1-5
Summary: The passage of time shall never bar prosecution against any person for the offenses of rape, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2).
Missouri Rape None No § 556.036 §556.037
Summary: 556.036. Until December 31, 2016--Time limitations. A prosecution for rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, may be commenced at any time. 556.037 Beginning January 1, 2017--Time limitations for prosecutions for sexual offenses involving a person under eighteen. Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under must be commenced within thirty years after the victim reaches the age of eighteen unless the prosecutions are for rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape. such prosecutions may be commenced at any time.
Sexual assault 3 years
Montana Sexual assault & sexual intercourse without consent 10 years Yes § 45-1-205 Yes
Summary: 45-1-205 a prosecution for a felony offense under 45-5-502, 45-5-503 may be commenced within 10 years after it is committed, except that it may be commenced within 10 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred.
Nebraska Sexual assault None No Neb. Rev. Stat. §29-110
Summary: 29-110 There shall not be any time limitations for prosecution or punishment for sexual assault in the first or second degree under section 28-319 or 28-320, sexual assault of a child in the second or third degree under section 28-320.01.
Nevada Sexual assault None as long as written report is filled out with law enforcement within 4 years after offense No §171.083 Yes
Summary: 171.083 No limitation for sexual assault if written report filed with law enforcement officer during period of limitation.
New Hampshire Sexual assault 6 years No § 625:8 Yes
Summary: 625:8 Limitations. – prosecutions are subject to the following periods of limitations: (a) For a class A felony, 6 years; (b) For a class B felony, 6 years
New Jersey Sexual assault None Yes § 2C:1-6 Yes
Summary: § 2C:1-6 Time Limitations. a. A prosecution for any offense set 9 forth in N.J.S.2C:14-2. may be commenced at any time.
Sexual offenses 5 years
New Mexico Rape 6 years Yes §30-1-8 Yes
Summary: 30-1-8 Time limitations for commencing prosecution. A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed within the time as provided: - for a second degree felony, within six years from the time the crime was committed; - for a third or fourth degree felony, within five years from the time the crime was committed; - for a capital felony or a first degree violent felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime.
Sexual assault 5 years
New York Rape None Yes §30.10(2)(A) Yes
Summary: 30.10(2)(a)There is no time limit for rape.
North Carolina Felony sexual offenses None No § Yes
Summary:
North Dakota Felony sexual offenses 3 years No §29-04-02
Summary: 29-04-02. Prosecution for felony other than murder within three years. Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission.
Ohio Felony sexual offenses 6 years No 2901.13 Yes
Summary: 2901.13 Statute of limitations for criminal offenses for a felony is six years.
Oklahoma Rape 12 years Yes tit. 22, § 152. Yes
Summary: tit. 22, § 152 Prosecutions for the crime of rape shall be commenced within twelve (12) years after the discovery of the crime.
Oregon Rape 6 years Yes Rev. Stat. § 131.125 Yes
Summary: 131.125 2) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:(c) Rape in the third degree under ORS 163.355. (d) Rape in the second degree under ORS 163.365.(e) Rape in the first degree under ORS 163.375.
Pennsylvania Rape & sexual assault 12 years Yes 42 Pa. Cons. Stat. § 5552 Yes
Summary: 42 Pa. Cons. Stat. § 5552 (b.1) Major sexual offenses.--A prosecution for any of the following offenses under Title 18 must be commenced within 12 years after it is committed: Section 3121 (relating to rape). Section 3122.1 (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section 3124.1 (relating to sexual assault).
Puerto Rico Sexual assault 5 years No
Rhode Island Sexual assault & rape None No § 12-12-17  Yes
Summary: § 12-12-17 Statute of limitations. There shall be no statute of limitations for the following offenses: rape, first-degree sexual assault.
South Carolina Any criminal prosecution None No Yes
Summary: There is no statute of limitations for reporting sexual assault. There is not a corresponding statute number for this. Most rape or sexual assault crimes are defined as “criminal sexual conduct” and can be found starting in S..C. Code 16-3-600 with Assault and Battery.
South Dakota Rape (1st and 2nd degree) None § 23A-42-1 Yes
Summary: § 23A-42-2 No limitation on prosecution for Class A,Class B or Class C Felonies.
Tennessee Rape and Aggravated sexual battery 8 years No 28-3-104 Yes
Texas Felony sexual assaults None Yes § 12.01 Yes
Summary: 12.01 FELONIES. no limitation:sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;
Utah Rape & Sexual Assault None Yes §76-1-301 Yes
Summary: 76-1-301. Offenses for which prosecution may be commenced at any time; rape; aggravated sexual assault; rape of a child
Vermont Aggravated Sexual Assault None No Vt. Stat. Ann. tit. 13, § 4501 Yes
Summary: Vt. Stat. Ann. tit. 13, § 4501 Prosecutions for aggravated sexual assault may be commenced at any time after the commission of the offense.
Virgin Islands Felony sexual offense None No
Virginia Felony sexual offenses None No § 19.2-8 Yes
Washington Rape 10 years if it was reported to law enforcement within 1 year after its commission Yes §9A.04.080 Yes
Summary: §9A.04.080 The following offenses may be prosecuted at any time after their commission: (iii)(A) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission. (B) If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted more than three years after its commission.
West Virginia Felony sexual offense None No   Yes
Wisconsin Felony sexual offense Yes §939.74 Yes
Summary: 939.74 A prosecution for an attempt to commit a violation of 940.225 may be commenced at any time.
Wyoming Criminal Prosecution None No § Yes

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