How long before a crime cannot be prosecuted depends on what the crime is and where it happened. Deadlines run from roughly one year for the least serious offenses to no limit at all for murder and a handful of other grave crimes. Once the window closes, prosecutors lose the ability to file charges, and a court will dismiss the case if the defendant raises the issue.
Typical Windows by Offense Severity
Misdemeanors
Less serious offenses carry the shortest prosecution windows. For crimes like petty theft, simple assault, or disorderly conduct, prosecutors in most jurisdictions have between one and three years to file charges. The exact period depends on the state and sometimes on the specific offense.
Felonies
More serious crimes get longer windows. Non-violent felonies such as grand theft, forgery, or fraud typically carry statutes of limitations of three to six years, though some states set shorter or longer periods depending on how they classify felony severity. Many states group felonies into classes or levels, with each category carrying its own deadline.
Federal Crimes
The federal system has a clear default: prosecutors have five years to bring charges for most non-capital federal offenses.1Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital Congress has carved out longer periods for specific categories. Financial institution fraud, including bank fraud and wire fraud affecting a financial institution, carries a ten-year statute of limitations.2Office of the Law Revision Counsel. 18 USC 3293 – Financial Institution Offenses Terrorism offenses that do not involve death or serious injury get an eight-year window.3Office of the Law Revision Counsel. 18 USC 3286 – Extension of Statute of Limitation for Certain Terrorism Offenses
Crimes That Can Be Prosecuted at Any Time
Some offenses carry no deadline at all. Under federal law, any offense punishable by death can be prosecuted at any time.4Office of the Law Revision Counsel. 18 USC 3281 – Capital Offenses Murder is the most familiar example, and every state follows the same approach, making it the most universally recognized crime with no prosecution deadline. Treason, which can carry a death sentence under federal law, falls in the same category.
Federal law also removes the time limit for terrorism offenses that resulted in, or created a foreseeable risk of, death or serious bodily injury.3Office of the Law Revision Counsel. 18 USC 3286 – Extension of Statute of Limitation for Certain Terrorism Offenses
Kidnapping involving a minor, felony sexual abuse, sexual exploitation of children, sex trafficking, and related offenses can also be charged at any time under federal law.5Office of the Law Revision Counsel. 18 U.S. Code 3299 – Child Abduction and Sex Offenses At the state level, a large majority of states have now eliminated criminal statutes of limitations for felony child sexual abuse, reflecting the reality that victims often need years or decades before they are ready to report. A smaller group of states has also removed time limits for theft or embezzlement of public money, though those provisions vary widely.
When the Clock Starts
The prosecution clock generally starts the day the crime was committed. For a one-time act like a robbery, the date is straightforward. For offenses that unfold over days, weeks, or months, the clock usually starts when the last criminal act in the sequence is completed. This continuing-offense idea matters for things like ongoing fraud schemes or conspiracy, where each new act can push the starting point forward.
The important exception is the discovery rule. For crimes that are inherently hidden, the clock does not start until the crime is discovered or reasonably should have been. Financial fraud is the classic case: a Ponzi scheme might run for years before anyone realizes money is missing. In those situations, the limitations period begins when the fraud comes to light, not when the first fraudulent transaction happened. The same logic applies to environmental contamination and similar concealed harms.
What Pauses the Clock
Even when a statute of limitations applies, the law recognizes situations where the clock should stop temporarily. This is called tolling.
Fleeing the Jurisdiction
Under federal law, the statute of limitations does not run against anyone who is fleeing from justice.6Office of the Law Revision Counsel. 18 U.S. Code 3290 – Fugitives from Justice Most states have equivalent rules. If a suspect leaves the state or hides to avoid prosecution, the clock pauses and does not restart until they return or are found.
Victim Is a Minor
Many states pause the clock while the victim is under 18, restarting or beginning it once the victim reaches adulthood. For sexual offenses against children, several states extend the window further, allowing prosecution until the victim turns 28 or later.
Wartime Fraud Against the Government
A less-known provision suspends the limitations period for fraud against the United States during wartime or a congressionally authorized use of military force. The clock stays paused until five years after hostilities end.7Office of the Law Revision Counsel. 18 USC 3287 – Wartime Suspension of Limitations
How a Sealed Indictment Affects the Deadline
Prosecutors sometimes use sealed indictments to lock in charges before the clock expires. A grand jury returns the indictment, but it stays secret while investigators continue their work or try to locate the defendant. Because the indictment is treated as “found” when the grand jury returns it, not when it is unsealed, this generally stops the statute of limitations from running out.8Congress.gov. Statute of Limitation in Federal Criminal Cases: An Overview
Federal courts are not fully unified on this. Some circuits have held that if an indictment was sealed for tactical advantage rather than a legitimate reason such as preventing flight, the sealing may not preserve the deadline. A sealed indictment usually stops the clock, but a defendant can challenge it where the sealing served no legitimate purpose and caused prejudice.
The Deadline Only Helps If You Raise It
The statute of limitations is not automatic. It is an affirmative defense, meaning the defendant has to raise it. If you are charged after the limitations period has expired but you plead guilty or go to trial without ever raising the issue, you lose the defense. The U.S. Supreme Court confirmed this in Musacchio v. United States (2016), holding that the federal statute of limitations is not a jurisdictional bar but a defense that becomes part of the case only if the defendant raises it in the trial court.8Congress.gov. Statute of Limitation in Federal Criminal Cases: An Overview
In practice, that means a defendant or their attorney has to file a motion to dismiss before or during trial. Waiting until after a conviction to argue the charges were filed too late will not work, and the defense cannot be raised for the first time on appeal. A missed opportunity here can be the difference between a dismissal and a conviction. If you are trying to figure out whether a specific deadline still protects you, the statute in your jurisdiction controls, and those deadlines change more often than people expect.