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State Statutes of Limitations

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State Statutes of Limitations

Alabama

  1. There is no period of limitations for the following offenses: capital offenses; "any felony involving the use, attempted use, or threat of, violence to a person; any felony involving serious physical injury or death of a person; any sex offense involving a victim less than 16 years of age, regardless of whether it involves force or serious physical injury or death." Ala. Code 1975 § 15-3-5. Rape is a capital offense in Alabama and, therefore, the prosecution of rape may commence at any time. Ex parte Beverly, 497 So.2d 519, 529 (Ala. 1986); Chamblee v. State, 527 So.2d 173, 174 (Ala. Crim. App. 1988).
  2. The prosecution of all other felonies must commence within three years after the commission of the offense. Ala. Code 1975 § 15-3-1. This includes: sodomy in the first and second degree, Ala. Code § 13A-6-63; Ala. Code § 13A-6-64; sexual torture, Ala. Code § 13A-6-65.1; sexual abuse in the first degree, Ala. Code § 13A-6-66; sexual abuse of a child less than 12 years old, Ala. Code § 13A-6-69; and incest, Ala. Code § 13A-13-3.
  3. The prosecution of all misdemeanor sex offenses must be commenced within 12 months after the commission of the offense. Ala. Code § 15-3-2. These offenses include: sexual misconduct, Ala. Code § 13A-6-65, and sexual abuse in the second degree, Ala. Code § 13A-6-67.

Alaska

  1. There is no statute of limitations for felony sexual abuse of a minor, unclassified sexual assault, or class A or B felony sexual assault, or incest when the perpetrator is 18 years or older and the victim is under 18 years old. Alaska Stat. § 12.10.010.
  2. The statute of limitations is ten years for all other felony sex offenses, including sexual assault in the third degree where the victim is mentally incapable, incapacitated, or unaware and incest where both the perpetrator and victim are 18 years or older. Alaska Stat § 12.10.010.
  3. The statute of limitations is five years for all other sex offenses. Alaska Stat § 12.10.010.

Arizona

  1. There is no statute of limitations for any violent sexual assault. Ariz. Rev. Stat. Ann. § 13-107. The following sex offenses also have no statute of limitations, see Ariz. Rev. Stat. Ann. § 13-107
  2. Sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person under 15 years old. Ariz. Rev. Stat. Ann § 13-1405.
  3. Sexual assault, which includes "intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person." Ariz. Rev. Stat. Ann. § 13-1406.
  4. All other felonies have a seven-year statute of limitations. Ariz. Rev. Stat. Ann. § 13-107.
    • Sexual Abuse: intentional or knowing sexual contact with a person under 18 years old without consent of that person. Ariz. Rev. Stat. Ann. § 13-1404.
    • Sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person under 18 years old but 15 years or older. Ariz. Rev. Stat. Ann. § 13-1405.
    • Molestation of a child: "intentionally or knowingly engaging in or causing a person to engage in sexual contact…with child under fifteen years of age." Ariz. Rev. Stat. Ann. § 13-1410.
  5. All misdemeanor sex offenses have a one-year statute of limitations. Ariz. Rev. Stat. Ann. § 13-107.

Arkansas

  1. Those offenses with a six-year statute of limitations include, Ark. Code Ann. § 5-1-109: rape, which includes the use of forcible compulsion, when the victim is incapable of consent, when the victim is less than fourteen years old, or incest where the victim is less than eighteen years old, Ariz. Rev. Stat. Ann. § 5-14-103; sexual assault in the first degree, which includes a victim who is less than eighteen years old and not the actor's spouse and the actor is "in a position of trust or authority over the victim and uses [that position] to engage in sexual intercourse or deviate sexual activity," Ariz. Rev. Stat. Ann. § 5-14-124;
  2. The statute of limitations is three years for Class B, C, and D felonies and unclassified felonies. A.C.A. § 5-1-109. These felonies include: sexual indecency with a child, which includes sexual intercourse, deviate sexual activity, or sexual contact with a person "less than fifteen (15) years of age" when the perpetrator is eighteen or older, Ariz. Rev. Stat. Ann. § 5-14-110; sexual assault in the second degree, Ariz. Rev. Stat. Ann. § 5-14-125; sexual assault in the third degree, Ariz. Rev. Stat. Ann. § 5-14-126; sexual assault in the fourth degree if the actor is twenty years or older and the victim is less than sixteen years old, Ariz. Rev. Stat. Ann. § 5-14-127.
  3. A misdemeanor sex offense has a statute of limitations of one year. Ariz. Rev. Stat. Ann. § 5-1-109. Sexual assault in the fourth degree is a misdemeanor when the perpetrator engages in intercourse with a person less than sixteen years old and not the perpetrator's spouse. Ariz. Rev. Stat. Ann. § 5-14-127.
  4. If the statute of limitations has run, "a prosecution may nevertheless be commenced for a violation of the following offenses if, when the alleged violation occurred, the offense was committed against a minor, the violation has not previously been reported to a law enforcement agency or prosecuting attorney, and the [statute of limitations] has not expired since the victim has reached eighteen (18) years of age:" rape; sexual assault in the first, second, third, and fourth degrees; and incest. Ariz. Rev. Stat. Ann. § 5-1-109.

California

  1. Offenses punishable by imprisonment for eight years or more "shall be commenced within six years after commission of the offense." Cal. Penal Code § 800.
  2. Offenses "punishable by imprisonment…shall be commenced within three years after commission of the offense." Cal. Penal Code § 801.
  3. Rape is punishable by imprisonment for three, six, or eight years, Cal. Penal Code § 264, depending on the nature of the crime. Rape includes "an act of sexual intercourse accomplished with a person not the spouse of the perpetrator" when: the person is incapable of consenting or the sexual intercourse is ‘accomplished against a person's will by means of force, violence, duress, menace, or fear of [bodily injury] on the person or another." Cal. Penal Code § 261.
  4. Unlawful sexual intercourse with a minor is either a misdemeanor or a felony and may be punishable by imprisonment. Cal. Penal Code § 261.5. Unlawful sexual intercourse with a minor may be a felony when: the victim is more than three years younger than the perpetrator or when the perpetrator is 21 or older and the victim is under 16 years old. Id.

Colorado

  1. There is no statute of limitations for any sex offense or any attempt, conspiracy, or solicitation to commit a sex offense against a child. Colo. Rev. Stat. Ann. § 16-5-401. For the purposes of the statute of limitations, a child is a person under the age of fifteen. Colo. Rev. Stat. Ann. § 18-3-411.
  2. The statute of limitations is ten years for the sexual exploitation of a child; unlawful sexual contact that includes sexual contact without the victim's consent and involving force, intimidation, or threat, Colo. Rev. Stat. Ann. § 18-3-404; and sexual assault, Colo. Rev. Stat. Ann. § 16-5-401, which includes overcoming the victim's will or when the victim is under 15 years old and the perpetrator is four years older and not the victim's spouse, or the victim is at least fifteen and less than seventeen years old and the perpetrator is ten years or more older than the victim and not the victim's spouse. Colo. Rev. Stat. Ann. § 18-3-402.
  3. All other felonies must be prosecuted within three years of the commission of the offense. Colo. Rev. Stat. Ann. § 16-5-401.
  4. Misdemeanors must be prosecuted within eighteen months of the commission of the offense. Colo. Rev. Stat. Ann. § 16-5-401. Misdemeanor sex offenses include certain instances of unlawful sexual contact. Colo. Rev. Stat. Ann. § 18-3-404,
  5. If "the victim at the time of the commission of the offense or delinquent act is a child under fifteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional three years and six months as to a misdemeanor [sex offense]." Colo. Rev. Stat. Ann. § 16-5-401.
  6. If the victim is under eighteen years old at the commission of the offense, the statute of limitations does not run until the victim's 28th birthday when the offense includes: sexual assault or felony unlawful sexual contact. Colo. Rev. Stat. Ann. § 16-5-401.

Connecticut

  1. Capital felonies and class A felonies may be prosecuted at any time. Conn. Gen. Stat. Ann. § 54-193. This includes: class A felony sexual assault in the first degree, which includes compulsion by use or threat of the use of force where the victim is under sixteen years old or where the actor engages in sexual intercourse with a person under thirteen years old when the actor is more than two years older, Conn. Gen. Stat. Ann. § 53a-70, and aggravated sexual assault in the first degree where the victim is under sixteen years old, Conn. Gen. Stat. Ann. § 53a-70a.
  2. The statute of limitations is five years for offenses for which the punishment "is or may be imprisonment in excess of one year." Conn. Gen. Stat. Ann. § 54-193. These offenses include all other felony first-degree sexual assaults, Conn. Gen. Stat. Ann. § 53a-70; all other first degree aggravated sexual assaults, Conn. Gen. Stat. Ann. § 53a-70a; sexual assault in spousal or cohabiting relationships, Conn. Gen. Stat. Ann. § 53a-70b; sexual assault in the second degree, Conn. Gen. Stat. Ann. § 53a-71; sexual assault in the third degree (including incest), Conn. Gen. Stat. Ann. § 53a-72a; sexual assault in the third degree with a firearm, Conn. Gen. Stat. Ann. § 53a-72b; and felony sexual assault in the fourth degree, which includes sexual contact where the victim is under the age of sixteen, Conn. Gen. Stat. Ann. § 53a-73a.
  3. The statute of limitations is one year for all other offenses. Conn. Gen. Stat. Ann. § 54-193, including sexual assault in the fourth degree where the victim is sixteen years or older, Conn. Gen. Stat. Ann. § 54-193.
  4. If the victim of sexual abuse, sexual exploitation, or sexual assault was a minor at the time of the commission of the offense, the statute of limitations is "thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney." Conn. Gen. Stat. Ann. § 54-193a.
  5. Effective October 2007, the 20-year statute of limitations for DNA evidence will change to no limit. Therefore, first degree sexual assault, aggravated first degree sexual assault, sexual assault in the spousal or cohabiting relationship, second degree sexual assault, third degree sexual assault, and third degree sexual assault with a firearm will have no statute of limitations (as opposed to the current 20-year limit) only when (1) the offense was reported to police or a prosecutor within five years and (2) "the identity of the person who allegedly committed the offense has been established through [DNA evidence] collected at the time of the commission of the offense." Conn. Gen. Stat. Ann. § 54-193b.

Delaware

  1. There is no statute of limitations for sex offenses under the Delaware criminal code, including: sexual contact, incest, rape, dangerous crime against a child, and sexual abuse. Del. Code Ann. tit. 11, § 205(e).
  2. If the statute of limitations has expired for an offense, the prosecution of that offense "may be commenced within 10 years after it is committed if based upon forensic DNA testing." Del. Code Ann. tit. 11, § 205(i).

District of Columbia

  1. The statute of limitations is fifteen years for first- and second-degree sexual abuse and first- and second-degree child sexual abuse. D.C. Code § 23-113.
  2. The statute of limitations is ten years for third- and fourth-degree sexual abuse, first- and second-degree sexual abuse of a ward, first- and second-degree sexual abuse of a patient or client, and incest. D.C. Code § 23-113.
  3. All other felony sex offenses must be prosecuted within six years of the commission of the offense. D.C. Code § 23-113.
  4. Misdemeanor sex offense must be prosecuted within three years of the commission of the offense. D.C. Code § 23-113.
  5. The statute of limitations for first- and second-degree sexual abuse of a child does not begin to run until the victim turns 21 years old. D.C. Code § 23-113(d)(2).

Florida

  1. Prosecution of capital and life felonies may begin at any time. Fla. Stat. § 775.15. These felonies include: sexual battery when the victim is under twelve years old and aggravated sexual battery. Fla. Stat. § 709.011.
  2. First-degree felonies must be prosecuted within four years of the commission of the offense. Fla. Stat. § 775.15. These felonies include: sexual battery when the victim is over twelve years old and (a) unable to resist, (b) subdued by the use of force, (c) threatened, or (d) drugged. Fla. Stat. § 709.011(b)(4).
  3. All other felonies must be prosecuted within three years of the commission of the offense, Fla. Stat. § 775.15, including unlawful sexual activity with certain minors, Fla. Stat. § 794.05; incest, Fla. Stat. § 794.011(8); and sexual battery where the victim was older than twelve years old and the actor did not use force or violence, Fla. Stat. § 794.011(5).
  4. First-degree misdemeanors must be prosecuted within two years of the commission of the offense. Fla. Stat. § 775.15.
  5. Second-degree misdemeanors must be prosecuted within one year of the commission of the offense. Fla. Stat. § 775.15.
  6. If the victim of a sexual battery was under the age of eighteen upon the commission of the offense, the statute of limitations does not begin to run until the victim turns eighteen or the offense is reported to law enforcement. Fla. Stat. § 775.15(13)(a).
  7. There is no statute of limitations for cases involving sexual battery, lewd or lascivious offenses in the presence of a child, or aggravated child abuse where "the identity of the accused is established, or should have been established by the exercise of due diligence," through the analysis of DNA evidence. Fla. Stat. § 775.15(16)(a).

Georgia

  1. Prosecution of forcible rape must be commenced within fifteen years of the commission of the crime. Ga. Code Ann. § 17-3-1(b).
  2. Prosecution of the following sex offenses must be commenced within seven years of the commission of the crime, Ga. Code Ann. § 17-3-1(b): aggravated sodomy, Ga. Code Ann. § 16-6-2; aggravated child molestation, Ga. Code Ann. § 16-6-4(d)(1); and aggravated sexual battery, Ga. Code Ann. § 16-6-22.2(c).
  3. Prosecution for all other felony sex offenses (sodomy, child molestation, sexual battery, incest, and statutory rape) must be commenced within four years of the commission of the crime. Ga. Code Ann. § 17-3-1(c). The statute of limitations for these offenses, however, is seven years when the victim is under eighteen years of age at the time of the commission of the crime. Ga. Code Ann. § 17-3-1(c).
  4. All misdemeanor sex offenses must be prosecuted within two years of the commission of the offense. Ga. Code Ann. § 17-3-1(d).
  5. If the victim is under sixteen years old at the time of the commission of the offense and the offense is rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, or incest, the statute of limitations shall not begin to run until the victim reaches sixteen years of age or "the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency." Ga. Code Ann. § 17-3-2.1(a).
  6. If the victim of a sex offense is sixty-five years or older, the period of limitation "shall not begin to run until the violation is reported to or discovered by a law enforcement agency, prosecuting attorney, or other governmental agency." Ga. Code Ann. § 17-3-2.2.
  7. Prosecution for rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery may be commenced at any time when DNA evidence "is used to establish the identity of the accused," provided "that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing." Ga. Code Ann. § 17-3-1(c.1)

Hawaii

  1. The statute of limitations is six years for class A felonies. Haw. Rev. Stat. § 701-108(2)(b). Class A felonies include first degree sexual assault, Haw. Rev. Stat. § 707-730, and continuous sexual assault of a minor under the age of fourteen, Haw. Rev. Stat. § 707-733.5(4).
  2. The statute of limitations is three years for all other felony sex offenses. Haw. Rev. Stat. § 701-108(2)(d), including incest, Haw. Rev. Stat. § 707-741; second degree sexual assault, Haw. Rev. Stat. § 707-731; and third degree sexual assault, Haw. Rev. Stat. § 707-732.
  3. The prosecution of misdemeanor sex offenses, including fourth degree sexual assault, Haw. Rev. Stat. § 707-733, must commence within two years of the commission of the offense. Haw. Rev. Stat. § 701-109(2)(e).
  4. The statute of limitations for felony sex offenses involving a victim under eighteen does not run "during any time when the victim is … under 18 years of age." Haw. Rev. Stat. § 701-108(6)(c).
  5. The prosecution of a felony sex offense involving DNA evidence may commence up to ten years after the period of limitation has expired if the DNA test was performed prior to the expiration of the period of limitation. Haw. Rev. Stat. § 701-108(3)(c).

Idaho

  1. There is no period of limitation for the prosecution of the following offenses, Idaho Code Ann. § 19-401: rape, Idaho Code Ann. § 18-6101; male rape, Idaho Code Ann. § 18-6108; sexual abuse of a child under the age of sixteen, Idaho Code Ann. § 18-1506; and lewd conduct with a minor child under sixteen, Idaho Code Ann. § 18-1508.
  2. All other felony sex offenses must be prosecuted within five years of the commission of the offense. Idaho Code Ann. § 19-402.
  3. Misdemeanor sex offenses must be prosecuted within one year of the commission of the crime. Idaho Code Ann. § 19-403.
  4. Prosecution must commence within two years for the offense of sexual exploitation by a medical care provider. Idaho Code Ann. § 19-406.

Illinois

  1. When the victim is under the age of eighteen upon the commission of the following offenses, the offense must be prosecuted within twenty years of the victim's eighteenth birthday: criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, and aggravated criminal sexual abuse. 720 Ill. Comp. Stat. 5/3-6(j).
  2. The prosecution of criminal sexual assault, aggravated criminal sexual assault, aggravated criminal sexual abuse, and predatory criminal sexual assault of a child must be commenced within ten years of the offense when the offense was reported to police within three years of its commission. 720 Ill. Comp. Stat. 5/3-6(i).
  3. The prosecution of all other felony sex offenses – like custodial sexual misconduct, criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, and aggravated criminal abuse – must commence within three years of the commission of the offense. 720 Ill. Comp. Stat. 5/3-5(b).
  4. The prosecution of any offense involving sexual conduct or sexual penetration where the victim and perpetrator are related must commence within one year of the victim turning eighteen years old. 720 Ill. Comp. Stat. 5/3-6(c).
  5. The prosecution of all misdemeanor sex offenses must commence within eighteen months of the commission of the offense. 720 Ill. Comp. Stat. 5/3-5(b).
  6. The prosecution of any offense involving sexual conduct or sexual penetration may commence at any time if (1) the identity of the offender is discovered through DNA evidence, (2) the offense was reported to law enforcement authorities within two years of the offense or the victim is murdered during the commission of the offense or within two years of the offense, and the "DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense." 720 Ill. Comp. Stat. 5/3-5(a).

Indiana

  1. There is no period of limitations for class A felonies, Ind. Code § 35-41-4-2(c), including rape, Ind. Code § 35-42-4-1(b); criminal deviate conduct, Ind. Code § 35-42-4-2(b); child molestation, Ind. Code § 35-42-4-3(b); and sexual misconduct with a minor, Ind. Code § 35-42-4-9(a)(2).
  2. The statute of limitations is five years for class B, C, and D felony sex offenses, Ind. Code § 35-41-4-2(a)(1), including rape, Ind. Code § 35-42-4-1; criminal deviate conduct, Ind. Code § 35-42-4-2(a); child molestation, Ind. Code § 35-42-4-3(a); sexual battery, Ind. Code § 35-42-4-8; sexual misconduct with a minor, Ind. Code § 35-42-4-9; and incest, Ind. Code § 35-46-1-3.
  3. The prosecution of all misdemeanor sex offenses must commence within two years of the commission of the offense. Ind. Code § 35-41-4-2(a)(2).
  4. Prosecution for a class B or C felony must commence, in instances where the statute of limitations has run for that particular offense, within one year of when the state found or could have found sufficient DNA evidence to charge the offender with that offense. Ind. Code § 35-41-4-2(b).

Iowa

  1. In cases involving the sexual abuse or incest or sexual exploitation of a minor, the statute of limitations requires prosecution commence within ten years of the victim's eighteenth birthday. Iowa Code Ann. § 802.2(1) (sexual abuse); Iowa Code Ann. § 802.2A (incest or sexual exploitation of a minor).
  2. Prosecution of all other cases of sexual abuse and incest or sexual exploitation must commence within ten years of the commission of the offense. Iowa Code Ann. § 802.2(2) (sexual abuse); Iowa Code Ann. § 802.2A (incest or sexual exploitation).
  3. For all other felonies and serious misdemeanors, the prosecution must commence within three years of the offense. Iowa Code Ann. § 802.3.
  4. The discovery of DNA evidence linking the offender to the crime extends all limitation periods to three years after "the person is identified by the person's DNA profile." Iowa Code Ann. § 802.2.

Kansas

  1. All sex offense felonies must commence prosecution within five years of the commission of the offense. Kan. Stat. Ann. 21-3106(4).
  2. If the identity of the suspect "is conclusively established by DNA testing," the prosecution must commence within the original limitations period or within one year of the identification of the suspect. Kan. Stat. Ann. 21-3106(3)(a).

Kentucky

  1. There is no period of limitations for the following, Ky. Rev. Stat. Ann. § 500.050: (a) all felony cases of rape, Ky. Rev. Stat. Ann. § 510.040; 510.050; 510.060; sodomy in the first degree, Ky. Rev. Stat. Ann. § 510.070; sodomy in the second degree, Ky. Rev. Stat. Ann. § 510.080; sodomy in the third degree, Ky. Rev. Stat. Ann. § 510.090; sexual abuse in the first degree, Ky. Rev. Stat. Ann. § 510.110; and incest, Ky. Rev. Stat. Ann. § 530.020.
  2. The prosecution of all misdemeanor sex offense must commence within one year of the commission of the crime. Ky. Rev. Stat. Ann. § 500.050. These offenses include sodomy in the fourth degree, Ky. Rev. Stat. Ann. § 510.100; sexual abuse in the second degree, Ky. Rev. Stat. Ann. § 510.120; sexual abuse in the third degree, Ky. Rev. Stat. Ann. § 510.130; and sexual misconduct, Ky. Rev. Stat. Ann. § 510.140.

Louisiana

  1. The prosecution of the following crimes may commence at any time, La. Code Crim. Proc. art. 571: aggravated rape, La. Rev. Stat. Ann. § 14:42; forcible rape, LSA-C. Cr. P. Art. 571, and – when the victim is under thirteen years of age – sexual battery, La. Rev. Stat. Ann. § 14:43.1; sexual battery in the second degree, La. Rev. Stat. Ann. §14:43.2; aggravated incest, La. Rev. Stat. Ann. § 14:78.1; and oral sexual battery, La. Rev. Stat. Ann. § 14.43.3.
  2. The prosecution of the following may commence within thirty years of the victim's eighteenth birthday when the victim was under the age of seventeen at the time of the commission of the offense: sexual battery, sexual battery in the second degree, oral sexual battery, felony carnal knowledge of a juvenile, indecent behavior with juveniles, molestation of a juvenile, incest, and aggravated incest. La. Code Crim. Proc. art. 571.1.
  3. The prosecution of cases of incest between an ascendant and descendant must occur within six years of the commission of the offense. Compare La. Code Crim. Proc. art. 572(A)(1) with La. Rev. Stat. Ann. § 14:78(D).
  4. Prosecution of the following offenses must occur within four years of the commission of the offense, La. Code Crim. Proc. art. 572(A)(2): simple rape, La. Rev. Stat. Ann. § 14:43; sexual battery, La. Rev. Stat. Ann. § 14:43.1; sexual battery in the second degree, La. Rev. Stat. Ann. § 14:43.2; oral sexual battery, La. Rev. Stat. Ann. § 14:43.3; incest, La. Rev. Stat. Ann. § 14:78; aggravated incest, La. Rev. Stat. Ann. § 14:78.1; felony carnal knowledge of a juvenile, La. Rev. Stat. Ann. § 14:80; indecent behavior with juveniles, La. Rev. Stat. Ann. § 14:81; and molestation of a juvenile, La. Rev. Stat. Ann. § 14:81.2.
  5. Prosecution of all cases of misdemeanor carnal knowledge of a juvenile must commence within two years of the offense. Compare La. Code Crim. Proc. art. 572(A)(3) with La. Rev.
  6. If the period of limitations has lapsed, prosecution for sex offenses may still commence within three years of establishing the identity of the offender with DNA evidence. La. Code Crim. Proc. art. 572(B).

Maine

  1. There is no period of limitations if the victim is under sixteen years old for the following offenses: incest, unlawful sexual conduct, sexual abuse of a minor, rape or gross sexual assault. Me. Rev. Stat. Ann. tit. 17-A, § 8.
  2. For class A, B, and C sex offenses, the prosecution must commence within six years of the commission of the crime. Me. Rev. Stat. Ann. tit. 17-A, § 8. These offenses include gross sexual assault, Me. Rev. Stat. Ann. tit. 17-A, § 253; sexual abuse of a minor, Me. Rev. Stat. Ann. tit. 17-A, § 254; unlawful sexual contact, Me. Rev. Stat. Ann. tit. 17-A, § 255-A; sexual misconduct with a minor under the age of fourteen, Me. Rev. Stat. Ann. tit. 17-A, § 258; and incest, Me. Rev. Stat. Ann. tit. 17-A, § 556.
  3. For class D and E crimes, the prosecution must commence within three years of the commission of the offense. Me. Rev. Stat. Ann. tit. 17-A, § 8. These offenses include sexual abuse of a minor, Me. Rev. Stat. Ann. tit. 17-A, § 254; unlawful sexual contact, Me. Rev. Stat. Ann. tit. 17-A, § 255-A; sexual misconduct with a child under the age of fourteen, Me. Rev. Stat. Ann. tit. 17-A, § 258; unlawful touching, Me. Rev. Stat. Ann. tit. 17-A, § 260; and incest, Me. Rev. Stat. Ann. tit. 17-A, § 556.

Maryland

  1. The prosecution of all felony and "penitentiary misdemeanors" may commence at any time. Clark v. State, 774 A.2d 1136, 1144 (Md. 2001).
  2. The prosecution of all misdemeanor offenses not punishable by imprisonment must commence within one year of the commission of the offense. Md. Code Ann., Cts. & Jud. Proc. § 5-106.

Massachusetts

  1. The prosecution of the following offenses may commence at any time, Mass. Gen. Laws ch. 277, § 63: indecent assault and battery on a child under the age of fourteen, Mass. Gen. Laws ch. 265, § 13B; indecent assault on a mentally retarded person, Mass Gen. Laws ch. 265, § 13F; wanton or reckless behavior creating a risk of serious bodily injury or sexual abuse to a child, Mass. Gen. Laws ch. 265, § 13L; rape of a child, Mass. Gen. Laws ch. 265, § 22A; rape and abuse of a child, Mass. Gen. Laws ch. 265, § 23; assault of a child, Mass. Gen. Laws ch. 265, § 24B;
  2. The prosecution of the following offenses must commence within fifteen years of the commission of the offense, Mass. Gen. Laws ch. 265, § 63: rape, Mass. Gen. Laws ch. 265, § 22; and assault with the intent to commit rape, Mass. Gen. Laws ch. 265, § 24.
  3. The prosecution of the following offenses must commence within ten years of the commission of the offense, Mass. Gen. Laws ch. 277, § 63, and incest, Mass. Gen. Laws ch. 272, § 17.
  4. The prosecution of all other offenses must commence within six years of the commission of the offense. Mass. Gen. Laws ch. 277, § 63. These offenses include indecent assault and battery on a person over fourteen, Mass. Gen. Laws ch. 265, § 13H; all cases of enticing to unlawful intercourse, Mass. Gen. Laws ch. 272, §§ 1, 4; unnatural and lascivious acts, Mass. Gen. Laws ch. 272, § 35; and unnatural and lascivious acts with a child under sixteen, Mass. Gen. Laws ch. 272, § 35A.
  5. For the following offenses, the statute of limitations is tolled until the victim's sixteenth birthday: indecent assault and battery on a child under fourteen, Mass. Gen. Laws ch. 265, § 13B; indecent assault and battery on a mentally retarded person, Mass. Gen. Laws ch. 265, § 13F; indecent assault and battery on a person over fourteen, Mass. Gen. Laws ch. 265, § 13H; rape, Mass. Gen. Laws ch. 265, § 22; rape of a child, Mass. Gen. Laws ch. 265, § 22A; rape and abuse of a child, Mass. Gen. Laws ch. 265, § 23; assault of a child, Mass. Gen. Laws ch. 265, § 24B; enticing to unlawful intercourse, Mass. Gen. Laws ch. 272, §§ 1, 4; incest, Mass. Gen. Laws ch. 272, § 17; unnatural and lascivious acts, Mass. Gen. Laws ch. 272, § 35; and unnatural and lascivious acts with a child under sixteen, Mass. Gen. Laws ch. 272, § 35A.

Michigan

  1. For the offense of criminal sexual conduct in the first degree, prosecution may commence at any time. Mich. Comp. Laws § 767.24.
  2. Prosecution for the following offenses must commence within ten years of the commission of the offense or by the victim's 21st birthday, whichever is later, Mich. Comp. Laws § 767.24(2)(a): criminal sexual conduct in the second degree, Mich. Comp. Laws § 750.520c; criminal sexual conduct in the third degree, Mich. Comp. Laws § 750.520d; criminal sexual conduct in the fourth degree, Mich. Comp. Laws § 750.520e; and assault with the intent to commit criminal sexual conduct, Mich. Comp. Laws § 750.520g.
  3. Prosecution of the following offenses must commence within six years of the commission of the offense, Mich. Comp. Laws § 767.24(5): a crime against nature or sodomy, Mich. Comp. Laws § 750.158.
  4. If DNA evidence of an unidentified suspect is found, the prosecution of the offense may commence at any time. Mich. Comp. Laws § 767.24(2)(b). However, once the individual has been identified, the prosecution must commence within ten years or by the victim's twenty-first birthday, whichever is the later in time. Id.

Minnesota

  1. The prosecution of criminal sexual conduct in the first degree, Minn. Stat. Ann. § 609.342; second degree, Minn. Stat. Ann. § 609.343; third degree, Minn. Stat. Ann. § 609.344; and fourth degree, Minn. Stat. Ann. § 609.345, must commence within nine years of the commission of the offense. Minn. Stat. Ann. § 628.26(e)-(f). Prosecution of these offenses may also commence three years after the offense is reported to law enforcement if the victim was younger than eighteen years at the commission of the offense and the victim failed to report the offense within the period of limitation. Minn. Stat. Ann. § 628.26(e).
  2. Prosecution of criminal sexual conduct in the fifth degree, Minn. Stat. Ann. § 609.346; criminal sexual predatory conduct, Minn. Stat. Ann. § 609.3453; sodomy, Minn. Stat. Ann. § 609.293; and incest, Minn. Stat. Ann. § 609.365, must commence within three years of the commission of the offense. Minn. Stat. Ann. § 628.26(k).
  3. The prosecution of the offenses of criminal sexual conduct in the first, second, and third degrees may commence at any time if physical evidence was "collected and preserved that is capable of being tested for its DNA characteristics." Minn. Stat. Ann. § 628.26(f).

Mississippi

  1. The prosecution of the following offenses may commence at any time: sexual battery of a child, and touching or handling of a child for lustful purposes. Miss. Code Ann. § 99-1-5.
  2. The prosecution of the following offenses must commence within two years of the commission of the offense, Miss. Code Ann. § 99-1-5: sexual battery, Miss. Code Ann. § 97-3-95; statutory rape, Miss. Code Ann. § 97-3-65; assault with intent to ravish, Miss. Code Ann. § 97-3-71; sexual activity between law enforcement or correctional personnel and prisoners, Miss. Code Ann. § 97-3-104; touching or handling a child or mentally defective, incapacitated, or physically helpless person, Miss. Code Ann. § 97-5-23; sexual involvement of school employee with student, Miss. Code Ann. § 97-5-24; carnal knowledge of step or adopted child, Miss. Code Ann. § 97-5-41; and incest, Miss. Code Ann. § 97-29-27.

Missouri

  1. The prosecution of the following offenses may commence at any time: forcible rape, attempted forcible rape, forcible sodomy, and attempted forcible sodomy. Mo. Ann. Stat. § 556.036(1). When child molestation in the first degree is a class A felony, the prosecution may also commence at any time. Compare VAMS 556.036 with Mo. Ann. Stat. § 566.067(2).
  2. Prosecution of all other felony sex offenses must commence within three years of the commission of the offense. Mo. Ann. Stat. § 556.036(2)(1). These offenses include statutory rape, Mo. Ann. Stat. § 566.032; attempt to commit statutory rape, id.; sexual assault, Mo. Ann. Stat. § 566.040; statutory sodomy, Mo. Ann. Stat. § 566.062; attempt to commit statutory sodomy in the first degree, id.; statutory sodomy in the second degree, Mo. Ann. Stat. § 566.064; child molestation in the first and second degree, 566.067- .068; deviate sexual assault, Mo. Ann. Stat. § 566.070; sexual misconduct involving a child, Mo. Ann. Stat. § 566.083; sexual contact with a student, Mo. Ann. Stat. § 566.086; certain cases of sexual misconduct in the first degree, Mo. Ann. Stat. § 566.090; sexual abuse, Mo. Ann. Stat. § 566.100; sexual contact with a prisoner or offender, Mo. Ann. Stat. § 566.145; and incest, Mo. Ann. Stat. § 566.020.
  3. The prosecution of all misdemeanor sex offenses must commence within one year of the commission of the offense. Mo. Ann. Stat. § 556.036(2)(2). These misdemeanors include sexual misconduct, Mo. Ann. Stat. § 566.095, and certain cases of child molestation in the second degree, Mo. Ann. Stat. § 566.068.

Montana

  1. Prosecution of the following offenses must commence within ten years of the commission or within ten years of the victim's eighteenth birthday, whichever is later in time, Mont. Code Ann. § 45-1-205(1)(b): all felony cases of sexual assault, Mont. Code Ann. § 45-5-502; sexual intercourse without consent, Mont. Code Ann. § 45-5-503; and certain felony cases of incest, Mont. Code Ann. § 45-5-507.
  2. The prosecution of all other felony sex offenses must commence within five years of the commission of the offense. Mont. Code Ann. § 45-1-205(2)(a). These offenses include felony deviate sexual conduct, Mont. Code Ann. § 45-5-505; sexual abuse of children, Mont. Code Ann. § 45-5-625; and certain cases of incest, Mont. Code Ann. § 45-5-507.
  3. Misdemeanor sex offenses must be prosecuted within one year of the commission of the offense. Mont. Code Ann. § 45-1-205(2)(b). These offenses include certain cases of sexual assault, Mont. Code Ann. § 45-5-502; sexual intercourse without consent, Mont. Code Ann. § 45-5-503; incest, Mont. Code Ann. § 45-5-507; and deviate sexual conduct, Mont. Code Ann. § 45-5-505.

Nebraska

  1. The following have no period of limitations and may be prosecuted at any time: sexual assault in the first and second degree; sexual assault of a child in the first, second, or third degree; sexual assault in the third degree when the victim is under sixteen years old at the time of the offense. Neb. Rev. Stat. § 29-110(5).
  2. All other felony sex offenses must be prosecuted within three years of the commission of the offense. Neb. Rev. Stat. § 29-110(1). These offenses include sexual abuse of an inmate or parolee, Neb. Rev. Stat. § 28-322.02 – 28-322.03; sexual abuse of a protected individual in the first or second degree, Neb. Rev. Stat. § 28-322.04; and incest, Neb. Rev. Stat. § 28-703.
  3. The prosecution of all misdemeanor sex offenses must commence within eighteen months of the commission of the offense. Neb. Rev. Stat. § 29-110(2). This includes sexual assault in the third degree when the victim is over sixteen years old. Neb. Rev. Stat. § 28-320(3).

Nevada

  1. There is no limitation for the prosecution of sexual assault if the victim or a person acting on behalf of the victim "files with a law enforcement officer a written report concerning the sexual assault" during the applicable period of limitation. Nev. Rev. Stat. § 171.083.
  2. The period of limitations for sexual assault is four years. Nev. Rev. Stat. § 171.085(1).
  3. The prosecution of all other felonies must commence within three years of the commission of the offense. Nev. Rev. Stat. § 171.085(2). Felony sex offenses include: statutory sexual seduction where the offender is 21 years of age or older, Nev. Rev. Stat. § 200.368; incest, Nev. Rev. Stat. § 201.180; lewdness with a child under 14 years old, Nev. Rev. Stat. § 201.230.
  4. The prosecution of all gross misdemeanors must commence within two years of the commission of the offense. Nev. Rev. Stat. § 171.090(1). These offenses include: statutory sexual seduction where the offender is younger than 21 years old, Nev. Rev. Stat. § 200.368, and open or gross lewdness, Nev. Rev. Stat. § 201.210.
  5. The prosecution of all other misdemeanors must commence within one year of the commission of the offense. Nev. Rev. Stat. § 171.090(2).
  6. For sex crimes "committed in [a] secret manner and offenses constituting sexual abuse of [a] child," the period of limitations may be extended to the victim's 21st birthday if the victim "discovers or reasonably should have discovered that he [or she] was a victim of the sexual abuse" by his or her 21st birthday. Nev. Rev. Stat. 171.095(1)(b)(1). The period of limitations may be extended to the victim's 28th birthday if the victim "does not discover and reasonably should not have discovered that he [or she] was a victim of the sexual abuse by the date on which he [or she] reaches 21 years of age." Nev. Rev. Stat. 171.095(1)(b)(2).

New Hampshire

  1. The prosecution of all felonies must commence within six years of the commission of the offense. N.H. Rev. Stat. Ann. § 625:8. Felony sex offenses include aggravated sexual assault, N.H. Rev. Stat. Ann. § 632-A:2; sexual assault, N.H. Rev. Stat. Ann. § 632-A:3; and incest, N.H. Rev. Stat. Ann. § 639:2.
  2. The prosecution of all misdemeanor offenses must commence within one year of the commission of the offense. N.H. Rev. Stat. Ann. § 625:8(I)(c). This includes misdemeanor sexual assault. N.H. Rev. Stat. Ann. § 632-A:4.
  3. For sexual assault and incest offenses, the prosecution may commence within 22 years of the victim's 18th birthday if the victim was under the age of 18 at the time of the offense. N.H. Rev. Stat. Ann. § 625(III)(d).

New Jersey

  1. The prosecution of sexual assault and aggravated sexual assault may commence at any time. Compare N.J. Stat. Ann. § 2C:1-6(a) with N.J. Stat. Ann. § 2C: 14-2.
  2. The prosecution of all other felony sex offenses must commence within five years of the commission of the offense. N.J. Stat. Ann. § 2C:1-6(b)(1). This includes criminal sexual contact, N.J. Stat. Ann. § 2C:14-3; aggravated criminal sexual contact, id.; lewdness, N.J. Stat. Ann. § 2C:14-4(b); and endangering the welfare of children, N.J. Stat. Ann. § 2C:24-4.
  3. The prosecution of disorderly persons offenses, including certain cases of lewdness, must commence within one year of the offense. Compare N.J. Stat. Ann. § 2C:1-6(b)(2) with N.J. Stat. Ann. § 2C:14-4.

New Mexico

  1. Prosecution for first-degree criminal sexual penetration may commence at any time. Compare N.M. Stat. § 30-1-8(H) with N.M. Stat. § 30-9-11(C).
  2. The prosecution of second-degree offenses must commence within six years of the commission of the offense. N.M. Stat. § 30-1-8(A). This includes criminal sexual penetration in the second degree, N.M. Stat. § 30-9-11(D), and criminal sexual contact of a minor in the second degree, N.M. Stat. § 30-9-13(B).
  3. The prosecution of sex offenses in the third and fourth degree must commence within five years of the offense. N.M. Stat. § 30-1-8(B). This includes criminal sexual penetration in the third and fourth degree, N.M. Stat. § 30-9-11(E)-(F); criminal sexual contact of a minor in the third and fourth degree, N.M. Stat. § 30-9-13(C)-(D); incest, N.M. Stat. § 30-10-3; and felony criminal sexual contact, N.M. Stat. § 30-9-12(C).
  4. The prosecution of all misdemeanor sex offenses must commence within two years of the offense, N.M. Stat. § 30-1-8(C), which includes misdemeanor criminal sexual contact, N.M. Stat. § 30-9-12(D).
  5. The period of limitations for criminal sexual penetration when DNA evidence is available does not begin until a DNA profile is matched with a suspect. N.M. Stat. § 30-1-9.2.
  6. For criminal sexual penetration and criminal sexual contact with a minor where the victim was under the age of 18 at the time of the offense, the period of limitation does not begin to run until the victim's 18th birthday or until the violation is reported to law enforcement, whichever occurs first. N.M. Stat. § 30-1-9.1.

New York

  1. Prosecution for rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree may commence at any time. N.Y. Crim. Proc. Law § 30.10(2)(a).
  2. Prosecution for all other felony sex offenses must commence within five years of the offense. N.Y. Crim. Proc. Law § 30.10(2)(b). These offenses include: rape in the second and third degree, N.Y. Penal Law § 130.25-.30; criminal sexual act in the second and third degree, N.Y. Penal Law § 130.40-.45; persistent sexual abuse, N.Y. Penal Law § 130.53; sexual abuse in the first degree, N.Y. Penal Law § 130.65; aggravated sexual abuse in the second, third, and fourth degree, N.Y. Penal Law § 130.65a-.67; course of sexual conduct against a child in the second degree, N.Y. Penal Law § 130.80; facilitating a sex offense with a controlled substance, N.Y. Penal Law § 130.90; predatory sexual assault, N.Y. Penal Law § 130.95; predatory sexual assault against a child, N.Y. Penal Law § 130.96; and incest, N.Y. Penal Law § 255.25-.27.
  3. Prosecution for all misdemeanor sex offenses must commence within two years of the commission of the offense. N.Y. Crim. Proc. Law § 30.10(2)(c). This includes sexual misconduct, N.Y. Penal Law § 130.20; forcible touching, N.Y. Penal Law § 130.52; and sexual abuse in the second and third degree, N.Y. Penal Law § 130.55-.60.
  4. For any sex offense where the victim is under the age of eighteen, the period of limitation does not begin to run until the victim's 18th birthday or the offense is reported to law enforcement, whichever occurs first. N.Y. Crim. Proc. Law § 30.10(3)(f).

North Carolina

  1. The prosecution of felony sex offenses may commence at any time. State v. Johnson, 167 S.E.2d 274, 279 (N.C. 1969). Felony sex offenses include rape, N.C. Gen. Stat. § 14.27.2-.3; sexual offense, N.C. Gen. Stat. § 14-27.4-.5; intercourse and sexual offenses with certain victims, N.C. Gen. Stat. § 14-27.7; statutory rape, N.C. Gen. Stat. § 14-27.7A; incest, N.C. Gen. Stat. § 14-178; taking indecent liberties with children, N.C. Gen. Stat. § 14-202.1; and taking indecent liberties with a student, N.C. Gen. Stat. § 14-202.4.
  2. Prosecution of misdemeanor sex offenses must commence within two years of the offense. N.C. Gen. Stat. § 15-1. Misdemeanor sex offenses include sexual battery, N.C. Gen. Stat. § 14-27.5A, and indecent liberties between children, N.C. Gen. Stat. § 14-202.2.

North Dakota

  1. The prosecution of the offense of gross sexual imposition must commence within seven years of the offense. N.D. Cent. Code § 29-04-02.1.
  2. The prosecution of all other felony sex offenses must commence within three years of the offense. N.D. Cent. Code § 29-01-02. Felony sex offenses include continuous sexual abuse of a child, N.D. Cent. Code § 12.1-20-03.1; sexual imposition, N.D. Cent. Code § 12.1-20-04; felony corruption or solicitation of minors, N.D. Cent. Code § 12.1-20-05; sexual abuse of wards, N.D. Cent. Code § 12.1-20-06; sexual exploitation by a therapist, N.D. Cent. Code § 12.1-20-06.1; incest, N.D. Cent. Code § 12.1-20-11; and felony sexual assault, N.D. Cent. Code § 12.1-20-07.
  3. The prosecution of all misdemeanor sex offenses must commence within two years of the offense. N.D. Cent. Code § 29-04-03. Misdemeanor sex offenses include deviate sexual act, N.D. Cent. Code § 12.1-20-12; corruption or solicitation of minors, N.D. Cent. Code § 12.1-20-05; and misdemeanor sexual assault, N.D. Cent. Code § 12.1-20-07.
  4. For any sex offense, the period of limitations does not begin to run until the victim reaches the age of fifteen. N.D. Cent. Code § 29-04-03.2.
  5. For any sex offense involving a victim under the age of eighteen, except deviate sexual act, prosecution of the offense must commence within seven years or, if the victim fails to report the offense to law enforcement within seven years, then the prosecution must commence within three years of the victim reporting the offense to law enforcement. N.D. Cent. Code § 29-04-03.1.

Ohio

  1. The prosecution of the following offenses must commence within twenty years of the offense: rape, sexual battery, unlawful sexual conduct with a minor, and gross sexual imposition. Ohio Rev. Code Ann. § 2901.13(A)(3)(a). The prosecution of conspiracy to commit, attempt to commit, or complicity in committing any of the above offenses must also commence within twenty years of the offense. Ohio Rev. Code Ann. § 2901.12(A)(3)(b).
  2. The prosecution of any misdemeanor sex offense, which includes sexual imposition, must commence within two years of the offense. Compare Ohio Rev. Code Ann. § 2901.13(A)(1)(b) with Ohio Rev. Code Ann. § 2907.06.

Oklahoma

  1. The prosecution of the offenses of rape, forcible sodomy, and lewd or indecent proposals or acts against children must commence within twelve years "after the discovery of the crime." Okla. Stat. tit. 22 § 152(C).
  2. Prosecution of all other offenses, including incest, Okla. Stat. tit. 21 § 885, and crime against nature, Okla. Stat. tit. 21 § 886, must commence within three years of the offense. Okla. Stat. tit. 22 § 152(H).
  3. For the crimes of rape, forcible sodomy, and lewd or indecent proposals or acts against children, prosecution may commence at any time if: (1) "the victim notified law enforcement within twelve years after the discovery of the crime," (2) "physical evidence is collected and preserved that is capable of being tested to obtain a profile from [DNA]," and (3) "the identity of the offender is subsequently established through the use of a DNA profile." Okla. Stat. tit. 22 § 152(C)(2). Once the suspect is identified, the prosecution must commence within three years. Id.

Oregon

  1. The prosecution of rape, sodomy, incest, unlawful sexual penetration, and sexual abuse in the first and second degree must commence within six years of the commission of the crime. Or. Rev. Stat. § 131.125(3). For any of these offenses, if the victim was under the age of eighteen at the time of the offense, prosecution of the offense may commence any time before the victim's 30th birthday or within twelve years after the offense was reported to law enforcement. Id.
  2. For cases of rape in the first and second degree and sodomy in the first and second degree, prosecution may commence within twelve years of the offense if the suspect is identified on the basis of a DNA comparison after the period of limitations has expired. Or. Rev. Stat. § 131.125(8).
  3. The prosecution of sexual abuse in the third degree must commence within four years of the commission of the offense. Or. Rev. Stat. § 131.125(6)(a). If the victim is under the age of eighteen at the time of the offense, prosecution of the offense may commence within four years of the offense being reported to law enforcement or by the victim's 22nd birthday. Id.
  4. The prosecution of all other felonies must commence within three years of the offense, Or. Rev. Stat. § 131.125(6)(a), which includes custodial sexual misconduct in the first degree, Or. Rev. Stat. § 163.452, and incest, Or. Rev. Stat. § 163.525.
  5. The prosecution of misdemeanor sex offenses must commence within two years of the offense. Or. Rev. Stat. § 131.125(6)(b). These offenses include contributing to the sexual delinquency of a minor, Or. Rev. Stat. § 163.435; misdemeanor sexual misconduct, Or. Rev. Stat. § 163.445; and misdemeanor custodial sexual misconduct, Or. Rev. Stat. § 163.454.

Pennsylvania

  1. Prosecution of the following offenses must commence within twelve years of the offense: rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, incest, and sexual abuse of children. 42 Pa. Const. Stat. § 5552 (b.1).
  2. The prosecution of all other sex offenses must commence within two years of the offense. 42 Pa. Const. Stat. § 5552(a). These offenses include institutional sexual assault, 18 Pa. Const. Stat. § 3124.2; aggravated indecent assault, 18 Pa. Const. Stat. § 3125; and indecent assault, 18 Pa. Const. Stat. § 3126.
  3. For all sex offenses, if the victim was under the age of eighteen at the time of the offense, the prosecution must commence before the victim's fiftieth birthday. 42 Pa. Const. Stat. § 5552(c)(3).
  4. In cases where DNA evidence is collected, "the prosecution of the offense may be commenced within the period of limitations provided for that offense or within one year after the identity of the individual is determined, whichever is later." 42 Pa. Const. Stat. § 5552(c.1).

Rhode Island

  1. Prosecution for the following offenses may commence at any time: rape, sexual assault in the first degree, and child molestation sexual assault in the first and second degree. R.I. Gen. Laws § 12-12-17(a).
  2. The prosecution of all other sex offenses must commence within three years of the offense. R.I. Gen. Laws § 12-12-17(c). These offenses include second degree sexual assault, R.I. Gen. Laws § 11-37-4, and third degree sexual assault, R.I. Gen. Laws § 11-37-6.

South Carolina

South Carolina does not have a specific statute of limitations for criminal offenses, but certain offenses may require the commencement of prosecution of the offense within a certain period. South Carolina Judicial Department, South Carolina Bench Book for Magistrates and Municipal Court Judges,

South Dakota

  1. The prosecution of all sex offenses must commence within seven years of the offense. S.D. Codified Laws § 23A-42-2.
  2. For the offense of rape, prosecution must commence within seven years of the offense or the victim's 25th birthday, whichever is later. S.D. Codified Laws § 22-22-1.
  3. For the offense of sexual contact with a child under sixteen, the prosecution must commence within seven years of the offense or before the victim's 25th birthday, whichever is longer. S.D. Codified Laws § 22-22-7.

Tennessee

  1. The prosecution of class A felonies must commence within fifteen years of the offense. Tenn. Code Ann. § 40-2-101(b)(1). These offenses include: aggravated rape, Tenn. Code Ann. § 39-13-502; rape of a child, Tenn. Code Ann. § 39-13-522; aggravated rape of a child, Tenn. Code Ann. § 39-13-531.
  2. The prosecution of class B felonies must commence within eight years of the offense. Tenn. Code Ann. § 40-2-101(b)(2). These offenses include: rape, Tenn. Code Ann. § 39-13-503, and aggravated sexual battery, Tenn. Code Ann. § 39-13-504.
  3. point three

    4. The prosecution of class C or D offenses must commence within four years of the offense. Tenn. Code Ann. § 40-2-101(b)(3). These offenses include: sexual battery by an authority figure, Tenn. Code Ann. § 39-13-527; statutory rape by an authority figure, Tenn. Code Ann. § 39-13-532; aggravated statutory rape, Tenn. Code Ann. § 39-13-506; and incest, Tenn. Code Ann. § 39-15-302.

  4. The prosecution of class E felonies must commence within two years of the offense. Tenn. Code Ann. § 40-2-101(b)(4). These offenses include: sexual battery, Tenn. Code Ann. § 39-13-505; mitigated statutory rape, Tenn. Code Ann. § 39-13-506; and statutory rape, Tenn. Code Ann. § 39-13-506.
  5. For the offenses of aggravated rape, rape, aggravated sexual battery, sexual battery, rape of a child, and sexual battery by an authority figure, where the victim is a child under the age of eighteen, the prosecution of the offense must commence within twenty-five years of the victim's eighteenth birthday. Tenn. Code Ann. § 40-2-101(g).

Texas

  1. Prosecution of the offense of sexual assault may commence at any time IF "during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and…the matter does not match the victim or any other person whose identity is readily ascertained." Tex. Code Crim. Proc. art. 12.01(1)(B).
  2. Prosecution of the offenses of sexual assault and aggravated sexual assault must commence within ten years of the offense. Tex. Code Crim. Proc. art. 12.01(2)(E).
  3. The prosecution of all other felony sex offenses must commence within three years of the offense. Tex. Code Crim. Proc. art. 12.01(6). These offenses include: indecency with a child, Tex. Penal Code § 21.11; improper relationship between educator and student, Tex. Penal Code § 21.12; and prohibited sexual conduct, Tex. Penal Code § 25.02.
  4. Prosecution of the offenses of indecency with a child, sexual assault, and aggravated sexual assault, if the victim was under the age of eighteen at the time of the offense, must commence within ten years of the victim's eighteenth birthday. Tex. Code Crim. Proc. art. 12.01(5).

Utah

  1. The prosecution of rape, object rape, forcible sodomy, forcible sexual abuse, and aggravated sexual assault must commence within eight years of the offense. Utah Code Ann. § 76-1-302(2).
  2. The prosecution of all other felony sex offenses must commence within four years of the offense. Utah Code Ann. § 76-1-302(1)(a). These offenses include: felony unlawful sexual activity with a minor, Utah Code Ann. § 76-5-401; unlawful sexual conduct with a 16 or 17 year old, Utah Code Ann. § 76-5-401.2; rape of a child under 14, Utah Code Ann. § 76-5-402.1; object rape of a child, Utah Code Ann. § 76-5-402.3; sodomy on a child, Utah Code Ann. § 76-5-403.1; sexual abuse of a child, Utah Code Ann. § 76-5-404.1; aggravated sexual abuse of a child, Utah Code Ann. § 76-5-404.1; custodial sexual relations, Utah Code Ann. § 76-5-412; custodial sexual relations or misconduct with youth receiving state services, Utah Code Ann. § 76-5-413; and incest, Utah Code Ann. § 76-7-102.
  3. Include: misdemeanor unlawful sexual activity with a minor, Utah Code Ann. § 76-5-401; sexual abuse of a minor, Utah Code Ann. § 76-5-401.1; sodomy, Utah Code Ann. § 76-5-403; custodial sexual misconduct, Utah Code Ann. § 76-5-412;
  4. If the period of limitations has expired, a prosecution may commenced "within four years after the report of the offense to a law enforcement agency" for the following offenses: rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, or aggravated sexual abuse of a child." Utah Code Ann. § 76-1-303.5
  5. For the offenses of rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy on a child, forcible sexual abuse, aggravated sexual abuse of a child, sexual abuse of a child, and aggravated sexual assault, the prosecution may commence at anytime if the identity of the offender is unknown but DNA evidence that was collected could identify the offender. Compare Utah Code Ann. § 76-1-302 with Utah Code Ann. § 76-3-203.5(1)(c)(i). Once the offender's identity is discovered, however, prosecution must commence within one year. Utah Code Ann. § 76-1-302(4).

Vermont

  1. The prosecution of aggravated sexual assault may commence at anytime. Vt. Stat. Ann. tit.13, § 4501(a).
  2. The prosecution of sexual assault, lewd or lascivious conduct, and sexual exploitation of children must commence within six years of the offense. Vt. Stat. Ann. tit.13, § 4501(b).
  3. The prosecution of all other felonies and misdemeanors must commence within three years of the offense. Vt. Stat. Ann. tit.13, § 4501(e).
  4. The prosecution of sexual assault, lewd or lascivious conduct, and lewd or lascivious conduct with a child, if the victim was sixteen years or younger at the time of the offense, may commence within six years of the offense or by the victim's 24th birthday, whichever occurs first. Vt. Stat. Ann. tit.13, § 4501(c).

Virginia

  1. The prosecution of all felony sex offenses may commence at anytime. See Va. Code Ann. § 19.2-8 (discussing statute of limitations for all misdemeanor and nonfelonious offenses absent any discussion of felonious offenses); Foster v. Commonwealth, 606 S.E.2d 518, 519 (Va. Ct. App. 2004). These offenses include: rape, Va. Code Ann. § 18.2-61; carnal knowledge of child between thirteen and fifteen years of age, Va. Code Ann. § 18.2-63; carnal knowledge of certain minors, Va. Code Ann. § 18.2-64.1; carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial or posttrial offender, Va. Code Ann. § 18.2-64.2; forcible sodomy, Va. Code Ann. § 18.2-67.1; object sexual penetration, Va. Code Ann. § 18.2-67.2; aggravated sexual battery, Va. Code Ann. § 18.2-67.3; felony infected sexual battery, Va. Code Ann. § 18.2-64.4:1; attempted rape, Va. Code Ann. § 18.2-67.5; attempted forcible sodomy, Va. Code Ann. § 18.2-67.5; attempted object sexual penetration, Va. Code Ann. § 18.2-67.5; attempted aggravated sexual battery, Va. Code Ann. § 18.2-67.5; incest, Va. Code Ann. § 18.2-366; taking indecent liberties with children, Va. Code Ann. § 18.2-370; taking indecent liberties with child by person in custodial or supervisory relationship, Va. Code Ann. § 18.2-370.1.
  2. The prosecution of all misdemeanor sex offenses must commence within one year of the offense. Va. Code Ann. § 19.2-8. These offenses include: sexual battery, Va. Code Ann. § 18.2-67.4; misdemeanor infected sexual battery, Va. Code Ann. § 18.2-67.4:1; sexual abuse of a child under 15 years of age, Va. Code Ann. § 18.2-61; attempt to commit sexual battery, Va. Code Ann. § 18.2-67.5; and indecent liberties by children, Va. Code Ann. § 18.2-370.01.

Washington

  1. The prosecution of rape in the first and second degree, where the victim reported the rape within one year of the offense, must commence within ten years of the offense. Wash. Rev. Code § 9A.04.080. If the victim is under the age of fourteen at the time the rape is committed and the rape was reported within one year, the prosecution may commence within three years of the victim's eighteenth birthday or ten years after the offense, whichever occurs later. Id.
  2. Prosecution of the following offense must commence within three years of the victim's eighteenth birthday or within seven years of the offense, whichever is later: rape of a child in the first degree, rape of a child in the second degree, child molestation in the first degree, child molestation in the second degree, indecent liberties, and incest. Wash. Rev. Code §
  3. The prosecution of all other felonies must commence within three years of the offense. Wash. Rev. Code § 9A.44.080(1)(h). These offenses include: rape in the third degree, Wash. Rev. Code § 9A.04.060; rape of a child in the first degree, Wash. Rev. Code § 9A.44.073; rape of a child in the second degree, Wash. Rev. Code § 9A.44.076; rape of a child in the third degree, Wash. Rev. Code § 9A.44.079; child molestation in the first degree, Wash. Rev. Code § 9A.44.083; child molestation in the second degree, Wash. Rev. Code § 9A.44.086; child molestation in the third degree, Wash. Rev. Code § 9A.44.089; sexual misconduct with a minor in the first degree, Wash. Rev. Code § 9A.44.093; indecent liberties, Wash. Rev. Code § 9A.44.100; custodial sexual misconduct in the first degree, Wash. Rev. Code § 9A.44.160; and incest, Wash. Rev. Code § 9A.64.020.
  4. The prosecution of all gross misdemeanors must commence within two years of the offense. These offenses include: sexual misconduct with a minor in the second degree, Wash. Rev. Code § 9A.44.096, and custodial sexual misconduct in the second degree, Wash. Rev. Code § 9A.44.170.
  5. For all sex offenses, the prosecution may commence within the period of limitations or within "one year from the date on which the identity of the suspect is conclusively established by deoxyribonucleic acid testing, whichever is later." Wash. Rev. Code § 9A.04.080(3).

West Virginia

  1. The prosecution of felony sex offenses may commence at any time. State v. Hill, 491 S.E.2d 765, 770 (W. Va. 1997) ("In West Virginia, there is no statute of limitations for felony offenses."); see W. Va. Code § 61-11-9 (discussing the period of limitation for misdemeanor offense absent any discussion of felony offenses). These offenses include: sexual assault in the first degree, W. Va. Code § 61-8B-3; sexual assault in the second degree, W. Va. Code § 61-8B-4; sexual assault in the third degree, W. Va. Code § 61-8B-5; sexual abuse in the first degree, W. Va. Code § 61-8B-7; sexual abuse by a parent, guardian, custodian or person in a position of trust to a child, W. Va. Code § 61-8D-5; and incest, W. Va. Code § 61-8-12.
  2. The prosecution of misdemeanor sex offenses must commence within one year of the offense. W. Va. Code § 61-11-9. These offenses include: sexual abuse in the second degree, W. Va. Code § 61-8B-8, and sexual abuse in the third degree, W. Va. Code § 61-8B-9.

Wisconsin

  1. Prosecution may commence at anytime for the following offenses: first degree sexual assault of a child and class A and B felony cases of engaging in repeated acts of sexual assault of the same child. Wis. Stat. § 939.74(2)(a).
  2. Prosecution must commence before the victim's 45th birthday for the following offenses: second degree sexual assault of a child, class C felony engaging in repeated acts of sexual assault of the same child, incest with a child, sexual assault of a child placed in substitute car, and sexual assault of a child by a school staff person or a person who works or volunteers with children. Wis. Stat. § 939.74(2)(c).
  3. he prosecution of all other felonies must commence within six years of the offense. Wis. Stat. § 939.74(1). These offenses include: sexual exploitation by a therapist, Wis. Stat. § 940.22; sexual assault in the first, second, and third degree, Wis. Stat. § 940.225; and incest, Wis. Stat. § 944.06.
  4. The prosecution of all misdemeanor sex offenses must commence within three years of the offense. Wis. Stat. § 939.74(1). These offenses include: sexual assault in the fourth degree, sexual exploitation by a therapist, Wis. Stat. § 940.22; sexual assault in the first, second, and third degree, Wis. Stat. § 940.225, and sexual intercourse with a child 16 or over, Wis. Stat. § 948.09.
  5. When DNA evidence was collected within the period of limitations for the offenses of first and second degree sexual assault, prosecution of first degree sexual assault may commence at any time and prosecution of second degree sexual assault must commence within one year after a DNA analysis results in a "probable identification" of the offender. Wis. Stat. § 939.74(2d)(b). Where DNA evidence was collected within the period of limitations for the offenses of second degree sexual assault of a child and engaging in repeated acts of sexual assault of the same child, prosecution must commence within one year of the "probable identification" by DNA analysis of the offender. Wis. Stat. § 939.74(2d)(c).

Wyoming

Prosecution for any criminal offense, misdemeanor or felony, may commence at anytime. Hogan v. State, 908 P.2d 925, 931 (Wyo. 1995).

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