What is a statute of limitation?

A statute of limitation is a time period, set by law, during which the government can charge you for a crime. You cannot be charged for a crime once that time period has passed.

When does a statute of limitation start?

A statute of limitation usually starts counting down on the date of the alleged crime.

Exceptions include certain crimes against children, which start when the child turns 18. Also, the statute of limitation for lying about the identity of an egg or sperm donor starts at the time the crime is discovered.

How long do statutes of limitation last?

It depends on the crime and whether the statute of limitations is tolled. Below is a full list statute of limitations for misdemeanor and felonies in Texas.

Statute of limitations

Misdemeanor Statute of Limitations

  • Two (2) years: All other misdemeanors;
  • Three (3) years: Assault involving a family member, member of the same household, or a dating partner;
  • Three (3) years from the date the offense was discovered: Failure to report child abuse or neglect when the defendant intended to conceal the abuse or neglect;

Felonies with a Two (2) Year Statute of Limitation

  • Two (2) years from the date the offense was discovered:
    • Sexual assault punishable when the actor is a health care provider, who in the course of performing an assisted reproduction procedure on the person, uses semen or eggs from a donor knowing that the person has not consented to the use of material from that donor;

Three (3) year statute of limitation for all other felonies not specifically listed

Felonies with a Four (4) Year Statute of Limitation

  • Four (4) years from the date the offense was discovered:
    • Failure to report child abuse or neglect when the actor intended to conceal the abuse or neglect;

Felonies with a Five (5) Year Statute of Limitation

  • Theft or robbery;
  • Kidnapping; except when the victim is younger than 17
  • Burglary except when the person enters a home with the intent to commit sexual assault, aggravated sexual assault, or continuous sexual abuse of a young child, or disabled individual
  • Injury to an elderly or disabled individual that is not punishable as a felony of the first degree
  • Abandoning or endangering an elderly or disabled individual;
  • Insurance fraud;
  • Assault, if the assault was committed against a person that was in a dating relationship with defendant, a family member, or a member of defendant’s household;
  • Continuous violence against the family; or
  • Aggravated assault;
  • Use of proceeds derived from racketeering or unlawful debt collection;
  • Acquisition of interest in property or control of enterprise through racketeering or unlawful debt collection;

Participation in enterprise through racketeering or unlawful debt collection

Felonies with a Seven (7) Year Statute of Limitation

  • Forgery;
  • Criminal Simulation;
  • Trademark Counterfeiting;
  • Stealing or receiving stolen check or similar sight order;
  • Credit card or debit card abuse;
  • Fraudulent use or possession of credit card or debit card information;
  • False statement to obtain property or credit or in the provision of certain services;
  • Hindering secured creditors;
  • Fraudulent transfer of a motor vehicle;
  • Credit card transaction record laundering;
  • Issuance of bad check or similar sight order;
  • Deceptive business practices;
  • Commercial bribery;
  • Rigging publicly exhibited contest;
  • Illegal recruitment of an athlete;
  • Misapplication of fiduciary property or property of financial institution;
  • Fraudulent securing of document execution;
  • Fraudulent destruction, removal, or concealment of writing;
  • Simulation legal process;
  • Refusal to execute release of fraudulent lien or claim;
  • Deceptive preparation and marketing of academic product;
  • Fraudulent use or possession of identifying information;
  • Fraudulent, substandard, or fictitious degree;
  • Exploitation of child, elderly individual, or disabled individual;
  • Fraudulent or fictitious military record;
  • Financial abuse of elderly individual;
  • Fraudulent use, possession, or tampering with gift card, gift card packaging, or gift card data or redemption information;
  • Unlawful conduct involving mail receptacle key or lock;
  • False, fraudulent, or fictitious document conveying real property interest;
  • Financial abuse using artificially generated media or phishing;
  • Fraudulent, sale, rental, or lease of residential real property;
  • Real property fraud;
  • Malicious solicitation of disaster victim or for disaster response or recovery;
  • A felony violation for motor fuel taxes;
  • Money laundering;
  • Health care fraud;
  • Bigamy; except when victim is younger than 18;
  • Possession or promotion of child pornography;

Felonies with a Ten (10) Year Statute of Limitation

  • Theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;           
  • Theft by a public servant of government property over which the public servant exercises control in the public servant’s official capacity;
  • Forgery or the uttering, using, or passing of forged instruments;
  • Injury to an elderly or disabled individual when the actor intentionally and knowingly causes serious bodily injury, serious mental deficiency, impairment, or injury; or when a nursing or assisted living employee, causes serious bodily injury; serious mental deficiency, impairment, or injury;
  • Sexual assault, except when there is outstanding DNA testing or when a fertility clinic professional lies about the identity of an egg or sperm donor; Arson;
  • Trafficking of persons to engage in forced labor, prostitution, promotion of prostitution, online promotion of prostitution, aggravated promotion of prostitution, aggravated online promotion of prostitution, or compelling prostitution;
  • Compelling prostitution by force, threat, coercion, or fraud to commit prostitution;
  • Real property theft;
  • Real property fraud;
  • 10 years from the date the offense was discovered:
    • trafficking of a disabled individual to engage in forced labor;
  • 10 years from the 18th birthday of the victim:
    • Injury to a child ;
    • Bigamy when the person the defendant is “married” to is younger than 18;
    • Abandoning or endangering a child;

Felonies with a Twenty (20) Year Statute of Limitation

  • 20 years from the 18th birthday of the victim-
    • Kidnapping and aggravated kidnapping if the victim is younger than 17 at the time the offense is committed;
    • Burglary if the premises is a home and the actor entered the home with the intent to commit sexual assault, continuous sexual abuse of young child or disabled person, kidnapping or aggravated kidnapping;
  • 20 years from the 18th birthday of the victim:
    • Trafficking of a child to engage in forced labor or services; or
    • Sexual performance by a child;

Felonies with No Statute of Limitation

  • Murder and manslaughter;
  • Sexual assault of a child, or aggravated sexual assault of a child;
  • Sexual assault, if DNA is found and the DNA
    • has not yet been subjected to forensic DNA testing; or
    • has been subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or
    • probable cause exists to believe that the defendant has committed the same or a similar sex offense against five or more victims;
  • Continuous sexual abuse of young child or disabled individual;
  • Indecency with a child;
  • Leaving the scene of an accident resulting in death;
  • Trafficking or engaging in sexual conduct with a child or disabled person, or benefiting from said acts;
  • Continuous trafficking of persons;
  • Compelling prostitution of a child or disabled person;
  • Tampering with physical evidence when the evidence tampered with is a human corpse;
    • or a reasonable person would have cause to believe that the evidence is related to a homicide;
  • Interference with child custody when the child was taken outside of the United States;
  • Burglary if: the defendant entered a habitation with the intent to commit sexual assault or aggravated sexual assault; and
    • during the investigation of the offense DNA is collected and the DNA
      • has not yet been subjected to forensic DNA testing; or
      • has been subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained;
    • Failure to stop or report sexual or assaultive offense against child;
    • Continuous promotion of prostitution;

MISCELLANEOUS PROVISIONS

  • The statute of limitations for criminal attempt is the same as that of the offense attempted.
  • The statute of limitations for criminal conspiracy or organized criminal activity is the same as that of the most serious offense that is the object of the conspiracy or the organized criminal activity.
  • The statute of limitations for criminal solicitation is the same as that of the felony solicited.
  • Except as otherwise noted, any offense that bears the title “aggravated” carries the same statute of limitations as the primary crime.
Scroll to Top