What are the Criminal Statute of Limitations in Texas?
The statute of limitations for a criminal case refers to how long prosecutors have to bring a case against a person. The statute of limitations vary for different offenses and are laid out in Article 12 of the Code of Criminal Procedure. By setting statute of limitations, the legislature tries to balance the need for victims to come forward with ability of the accused to have evidence for which to defend themselves. The statute of limitations for a criminal case is the time in which a case must be filed before being barred from prosecution due to delay. In other words, if the state fails to bring a case against a suspect within a certain time period, it loses the right to prosecute the case.
How Long are the Criminal Statutes of Limitations in Texas?
The criminal statute of limitations in Texas varies, depending on the severity of the offense. The statute of limitations for misdemeanors is two years. Unless specified, it’s three years for felonies. However, it’s important to point out that many felonies do carry a specified statute of limitations, usually at five years, seven years or ten years. Some criminal statute of limitations are based on the age of the victim. For some offenses, such as murder and aggravated sexual assault of a child, there is no criminal statute of limitations at all.
A Chart of Statute of Limitations in Texas
Generally, the statute of limitations for criminal cases in Texas can be found under Chapter 12 of the Code of Criminal Procedure. Here’s a look at the statue of limitations for some common offenses:
Offense | Limitation | Statute |
Murder | None | 12.01(1) |
Manslaughter | None | 12.01(1) |
Sexual Assault of a Child | None | 12.01(1) |
Aggravated Sexual Assault of a Child | None | 12.01(1) |
Sexual Assaults where DNA was collected | None | 12.01(1) |
Serial Sexual Assault | None | 12.01(1) |
Continuous Sexual Assault | None | 12.01(1) |
Indecency with a Child | None | 12.01(1) |
Leaving the scene of an accident resulting in death | None | 12.01(1) |
Trafficking of child | None | 12.01(1) |
Continuous Trafficking of Persons | None | 12.01(1) |
Compelling Prostitution of Child under 18 | None | 12.01(1) |
Theft by Trustee | 10 Years | 12.01(2) |
Theft by a Public Servant of Government Property | 10 Years | 12.01(2) |
Forgery or passing a forged instrument | 10 Years | 12.01(2) |
Injury to Elderly or Disabled (First Degree) | 10 Years | 12.01(2) |
Sexual Assault | 10 Years | 12.01(2) |
Arson | 10 Years | 12.01(2) |
Trafficking of persons | 10 Years | 12.01(2) |
Compelling Prostitution | 10 Years | 12.01(2) |
Misapplication of fiduciary property | 7 Years | 12.01(3) |
Securing fiduciary property by deception | 7 Years | 12.01(3) |
Felony violation of Tax Code Chapter 162 | 7 Years | 12.01(3) |
False statement to obtain credit | 7 Years | 12.01(3) |
Money laundering | 7 Years | 12.01(3) |
Credit card or debit card abuse | 7 Years | 12.01(3) |
Fraudulent use or possession of identifying information | 7 Years | 12.01(3) |
Medicaid fraud | 7 Years | 12.01(3) |
Bigamy (generally) | 7 Years | 12.01(3) |
Theft | 5 years | 12.01(4) |
Robbery | 5 years | 12.01(4) |
Kidnapping (generally) | 5 years | 12.01(4) |
Burglary (generally) | 5 years | 12.01(4) |
Injury to Elderly or Disabled (Other than First Degree) | 5 years | 12.01(4) |
Abandoning or Endangering a Child | 5 years | 12.01(4) |
Insurance Fraud | 5 years | 12.01(4) |
Sexual Performance by a child | If the victim was under 17 at the time of offense, 20 years from the victim's 18th birthday | 12.01(5) |
Aggravated Kidnapping with intent to commit a sexual offense | If the victim was under 17 at the time of offense, 20 years from the victim's 18th birthday | 12.01(5) |
Injury to a Child | Ten years from the 18th Birthday of the victim | 12.01(6) |
Other felonies | 3 years | 12.01(7) |
Misdemeanors | 2 years | |
What is the Statute of Limitations for a DWI in Texas?
The statute of limitations for a misdemeanor DWI is two years. This includes Driving While Intoxicated; Driving While Intoxicated – Misdemeanor Repetition; Driving While Intoxicated with a BAC >/= .15; and Driving While Intoxicated with an Open Container. The statute of limitations for Driving While Intoxicated with a Child Passenger and Driving While Intoxicated – Felony Repetition is three years. The statute of limitations for Intoxication Assault and Intoxication Manslaughter is three years.
Why Do We Have Statutes of Limitations?
Statutes of limitations exist because the passage of time affects the quality of evidence on both sides. Statutes of limitations protect individuals from having to defend themselves against charges when basic facts and evidence may have become obscured or deteriorated with the passage of time. As mentioned, statutes of limitations vary based on the offense and, for some crimes, there is no statute of limitations at all. Additionally, the statute of limitations may be tolled, or suspended, under certain circumstances.
Can the Statute of Limitations Clock be Stopped?
The statute of limitations can be tolled (or paused) while the accused is absent from the state, by charging the person by indictment, information, or complaint.
What is “Tolling” of a Statute of Limitations?
Under certain circumstances, the statute of limitations can be tolled, which basically means it is paused. For example, the statute of limitations is tolled for any time period in which the defendant was under indictment for “the same conduct, same act, or same transaction.” Similarly, the statute of limitations can be tolled while the accused is absent from the state. Tolling commonly occurs when a defendant is on the run. Simply put, tolling means the clock stops running for a certain period of time.
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