Criminal Statute Of Limitations in Texas

What Is the Criminal Statute of Limitations in Texas?

The criminal statute of limitations in Texas is the deadline prosecutors have to file charges against someone. For most misdemeanors, it’s two years. For most felonies, it’s three years. However, serious offenses like murder, sexual assault of a child, and manslaughter have no time limit. The state can file charges for these crimes at any point, regardless of how much time has passed.

These deadlines are spelled out in Article 12 of the Texas Code of Criminal Procedure. If the state fails to bring charges within the specified period, it loses the right to prosecute. Understanding these time limits is critical whether you’re worried about potential charges or trying to determine if old allegations can still be pursued.

The statute of limitations serves an important purpose in the justice system. It ensures that cases are prosecuted while evidence is still fresh, witnesses can still remember events, and the accused has a fair opportunity to mount a defense. At the same time, certain crimes are deemed so serious that justice should be available regardless of when the offense is discovered.

Watch: Criminal Statute of Limitations in Texas Explained

In this video, Board Certified Criminal Attorney Benson Varghese explains how statutes of limitations work in Texas criminal cases, including when the clock starts, when it can be paused, and which offenses have no time limit.

How Long Are the Statutes of Limitations for Texas Crimes?

The length of the statute of limitations depends on the severity and type of offense. The Texas Legislature has created a tiered system that assigns longer limitation periods to more serious crimes and to offenses that are typically harder to discover, such as fraud and financial crimes.

Misdemeanors carry a two-year limit. Standard felonies have three years. However, many serious felonies have extended limitations of five, seven, or ten years. Some crimes, particularly those involving children or resulting in death, have no statute of limitations at all. For crimes involving child victims, the statute of limitations may be tied to the victim’s age rather than a fixed number of years from the offense.

Complete Table of Texas Criminal Statutes of Limitations

Offense	Limitation Period	Statute Reference
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 a 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 (adult victim)	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	20 years from victim’s 18th birthday	12.01(5)
Aggravated Kidnapping with intent to commit sexual offense	20 years from victim’s 18th birthday	12.01(5)
Injury to a Child	10 years from victim’s 18th birthday	12.01(6)
Other felonies	3 Years	12.01(7)
Misdemeanors	2 Years	12.02

Why Do Statutes of Limitations Exist in Texas?

Statutes of limitations balance competing interests in the criminal justice system. On one side, victims and society have an interest in holding offenders accountable. On the other side, the accused have a constitutional right to a fair trial, which becomes increasingly difficult as time passes.

Consider what happens to evidence over time. Witnesses forget details or move away. Surveillance footage gets deleted. Physical evidence degrades or is lost. Alibis become impossible to verify. A person accused of a crime that allegedly occurred ten years ago may have no way to prove where they were on a specific date. The statute of limitations protects against prosecution in circumstances where a fair defense may be impossible.

The Texas Legislature sets longer limitations for crimes that are harder to discover. Financial crimes like fraud, embezzlement, and identity theft often go undetected for years because they’re designed to be hidden. A seven-year statute of limitations for these offenses gives investigators time to uncover complex schemes while still providing eventual closure.

For the most serious crimes, the Legislature has determined that the need for justice outweighs concerns about stale evidence. Murder, manslaughter, and sexual offenses against children carry no statute of limitations because the harm is so severe that perpetrators should never be shielded from prosecution simply by the passage of time.

When Does the Statute of Limitations Start Running?

The statute of limitations clock typically begins on the date the offense was committed. For most crimes, this is straightforward. If someone commits a theft on January 1, 2024, the five-year statute of limitations would expire on January 1, 2029.

However, some offenses have special rules about when the clock starts. For crimes tied to a victim’s age, such as injury to a child, the limitation period doesn’t begin until the victim turns 18. This means a person who injures a five-year-old child could potentially face charges until the victim turns 28 (ten years after the victim’s 18th birthday).

For ongoing or continuous offenses, the statute of limitations typically begins when the last criminal act occurs. If someone commits multiple acts of theft from an employer over a two-year period, the clock starts on the date of the final theft, not the first one.

What Is Tolling of a Statute of Limitations?

Tolling means the clock temporarily stops running on the statute of limitations. Under Article 12.05 of the Texas Code of Criminal Procedure, several circumstances can pause the limitations period.

Absence from the State

If the accused leaves Texas, the time spent outside the state doesn’t count against the statute of limitations. This prevents people from evading prosecution by simply moving away and waiting out the clock. If someone commits a crime in Texas and then lives in Oklahoma for three years before returning, those three years don’t count. The statute of limitations picks up where it left off when they return to Texas.

Filing of Charges

Once an indictment, information, or complaint has been filed, the statute of limitations is tolled. This is significant because it means prosecutors can secure charges within the limitation period even if the case takes years to resolve. A defendant cannot escape prosecution by delaying trial proceedings once charges have been filed.

Pending Indictment for Same Conduct

If the defendant is already under indictment for the same conduct, act, or transaction, the statute of limitations on additional charges from that conduct is paused. This prevents situations where a defendant might escape some charges simply because related charges were filed first and the case dragged on.

Common Tolling Scenarios

Tolling most commonly applies when defendants flee the state to avoid prosecution. Consider this scenario: A person commits assault in Fort Worth, then moves to California before charges are filed. The assault has a two-year statute of limitations for misdemeanor charges or three years for felony charges. If the person lives in California for four years before returning to Texas, the statute of limitations has not expired. The clock was paused during the entire time they were out of state.

Another common scenario involves defendants who are arrested, post bond, and then flee. Even if they’re gone for years, the time they spend outside Texas doesn’t count against any remaining statute of limitations on uncharged conduct.

How Long Do Police Have to File Charges in Texas?

Police are limited by the statute of limitations in most cases. They cannot keep an investigation open indefinitely without consequence. Once the limitation period expires, the state loses its ability to prosecute, regardless of how strong the evidence might be.

However, police have several tools that can extend or preserve their ability to file charges. If they obtain a warrant for the suspect’s arrest before the statute expires, that filing tolls the limitations period. If the suspect leaves Texas during the investigation, that absence doesn’t count against the clock.

For complex investigations involving financial crimes or multiple defendants, police and prosecutors must carefully track limitation periods. In some cases, they may file charges against certain defendants to preserve the ability to prosecute while continuing to investigate others.

If you believe you may be under investigation, speak with a Fort Worth criminal defense lawyer before talking to police. Understanding how the timeline applies to your situation could significantly affect your case strategy.

What Is the Statute of Limitations for a DWI in Texas?

The statute of limitations for DWI charges in Texas depends on whether the offense is charged as a misdemeanor or felony.

Misdemeanor DWI: Two Years

Standard DWI charges carry a two-year statute of limitations. This includes:

Driving While Intoxicated (first offense), which is a Class B misdemeanor; Driving While Intoxicated with Misdemeanor Repetition (second offense), which is a Class A misdemeanor; DWI with a BAC of .15 or higher, which is enhanced to a Class A misdemeanor; and DWI with an open container, which adds mandatory jail time but remains a misdemeanor.

For these offenses, prosecutors must file charges within two years of the alleged offense date. If they don’t, the case cannot proceed.

Felony DWI: Three Years

Felony DWI offenses have a three-year statute of limitations. This applies to:

DWI with a Child Passenger, which is a state jail felony when the child is under 15 years old; DWI Felony Repetition (third offense or more), which is a third-degree felony; Intoxication Assault, which is a third-degree felony; and Intoxication Manslaughter, which is a second-degree felony.

Note that while intoxication manslaughter is a felony with a three-year statute of limitations under the general felony rule, if the case involves leaving the scene of the accident and death results, there may be no statute of limitations under Section 12.01(1).

Practical Considerations for DWI Cases

In practice, DWI cases are rarely affected by the statute of limitations because arrests typically happen at the time of the alleged offense. Blood or breath test results are usually available within weeks. The main scenario where the statute of limitations becomes relevant is when a case is dismissed and prosecutors later attempt to refile charges, or when blood evidence takes an unusually long time to process.

What Is the Statute of Limitations for a Felony in Texas?

The statute of limitations for felonies in Texas varies significantly based on the type of offense. Understanding these distinctions is critical for anyone facing potential felony charges.

Three-Year Statute of Limitations (Default for Felonies)

Most felonies in Texas carry a three-year statute of limitations. This is the default rule under Article 12.01(7) for any felony that isn’t specifically assigned a longer period. Common felonies with a three-year limitation include drug possession charges, certain assault charges, evading arrest, and many property crimes not specifically enumerated in the statute.

Five-Year Statute of Limitations

More serious property crimes and crimes of violence carry a five-year limitation. These include theft (regardless of amount), robbery, kidnapping, burglary, injury to elderly or disabled persons (except first-degree), abandoning or endangering a child, and insurance fraud.

Seven-Year Statute of Limitations

Financial crimes and fraud offenses typically carry a seven-year limitation. This extended period recognizes that these crimes are often designed to be hidden and may not be discovered for years. Offenses include misapplication of fiduciary property, securing property by deception, false statements to obtain credit, money laundering, credit card abuse, identity theft, and Medicaid fraud.

Ten-Year Statute of Limitations

The most serious offenses short of those with no limitation carry a ten-year period. These include sexual assault of an adult, arson, human trafficking, theft by a public servant of government property, forgery, and first-degree injury to elderly or disabled persons.

Statutes Tied to Victim’s Age

Certain offenses have limitation periods calculated from the victim’s 18th birthday rather than the date of the offense. Sexual performance by a child and aggravated kidnapping with intent to commit a sexual offense can be prosecuted until 20 years after the victim turns 18. Injury to a child can be prosecuted until 10 years after the victim turns 18.

What Crimes Have No Statute of Limitations in Texas?

Texas law designates certain crimes as so serious that they can be prosecuted at any time, regardless of how many years have passed. Under Article 12.01(1), the following offenses have no statute of limitations:

Homicide offenses: Murder and manslaughter can be prosecuted at any time. This includes capital murder, murder, and manslaughter. The Texas Legislature has determined that taking a human life is such a serious offense that the passage of time should never shield perpetrators from justice. Cold case investigations regularly result in murder charges decades after the offense.

Sexual offenses against children: Sexual assault of a child, aggravated sexual assault of a child, continuous sexual assault, indecency with a child, and serial sexual assaults have no limitation period. These provisions recognize that child victims often don’t report abuse until years or decades later, and that the trauma of these offenses justifies prosecution regardless of when victims come forward.

Sexual assaults with DNA evidence: Any sexual assault where DNA evidence was collected has no statute of limitations. This provision allows cold case sexual assaults to be prosecuted when DNA technology later identifies a perpetrator, even if the original investigation went cold.

Leaving the scene of an accident resulting in death: Hit-and-run cases where someone dies can be prosecuted at any time. This provision ensures that people who flee fatal accidents cannot escape justice simply by avoiding detection long enough.

Human trafficking of children: Trafficking of a child, continuous trafficking of persons, and compelling prostitution of a child under 18 carry no limitation period, reflecting the severity of these exploitation offenses.

How Long Can a Felony Case Be Pending in Texas?

Once a felony case is filed, the statute of limitations is tolled. This means the passage of time alone won’t bar prosecution, no matter how long the case takes to resolve. However, Texas law does impose some limits on how long cases can remain pending without consequences for the prosecution.

Indictment Deadlines

If no indictment is obtained within 90 days of a defendant being taken into custody, or within 180 days if the defendant is released on bond, the defendant must be released on a reasonable bond or personal recognizance bond. This doesn’t dismiss the case, but it does limit how long someone can be held or heavily restricted while waiting for formal charges.

Speedy Trial Rights

Both the U.S. Constitution and the Texas Constitution guarantee the right to a speedy trial. While Texas doesn’t have a specific time limit like some states, defendants can file motions to dismiss based on speedy trial violations if delays become extreme. Courts consider factors including the length of delay, the reason for delay, whether the defendant asserted the right to speedy trial, and any prejudice to the defendant’s case.

Speedy trial dismissals are rare because courts generally give prosecutors significant leeway. However, cases that languish for years without justification may be vulnerable to dismissal, particularly if the defendant can show that witnesses have become unavailable or evidence has been lost due to the delay.

Practical Realities

Most felony cases in Texas take between six months and two years to resolve. Complex cases involving multiple defendants, extensive forensic evidence, or federal coordination may take longer. Cases involving expert witnesses, mental health evaluations, or appellate issues can extend significantly beyond typical timelines.

Talk to a lawyer before you speak to police. Our team has secured over 1,600 dismissals and 800 charge reductions. Call (817) 203-2220 for a free consultation.

Can the Statute of Limitations Be Used as a Defense?

Yes. If the statute of limitations has expired, the defense can file a motion to dismiss, and the case should be thrown out. However, several complexities can affect whether this defense applies.

Burden of Proof

In Texas, the state generally has the burden to prove that charges were filed within the applicable statute of limitations. However, as a practical matter, the defense typically raises the issue and presents evidence that the limitation period has expired. The state must then show either that charges were timely filed or that tolling applied.

Tolling Disputes

Many statute of limitations disputes center on tolling. The state may argue that the defendant was absent from Texas for a period, extending the limitations period. The defense may counter with evidence that the defendant was actually present in Texas during that time. Employment records, lease agreements, utility bills, and similar documentation become critical evidence in these disputes.

Date of Offense Disputes

Sometimes the parties dispute when the offense actually occurred. For ongoing offenses or schemes that unfold over time, the state may argue for a later date that keeps the charges within the limitation period. The defense may argue for an earlier date that places the charges outside the allowable window.

Strategic Considerations

Even when the statute of limitations hasn’t clearly expired, its proximity can affect case strategy. Prosecutors facing an approaching deadline may be more willing to negotiate plea deals. Defense attorneys may advise clients to avoid certain actions that could toll the limitations period. In some cases, the best strategy is simply to wait.

What Happens When the Statute of Limitations Expires?

When the statute of limitations expires on a criminal offense, the state permanently loses the ability to prosecute that crime. The case cannot be filed, and if charges were somehow filed after the expiration, they must be dismissed upon motion by the defense.

This doesn’t mean the conduct is forgiven or that the person is declared innocent. It simply means the state waited too long to bring charges. The passage of time has closed the window for criminal prosecution.

If you were investigated for a crime but never charged, and the statute of limitations has expired, you may be eligible for an expunction to remove records of the investigation from your criminal history. This can be particularly valuable for clearing arrest records when no charges were ever filed.

What Is the Difference Between State and Federal Statutes of Limitations?

Federal crimes have their own statutes of limitations, which differ from Texas state law. If you’re facing potential federal charges, understanding these differences is essential.

Most federal crimes carry a five-year statute of limitations under 18 U.S.C. § 3282. However, numerous exceptions apply. Capital offenses and offenses punishable by death have no limitation. Terrorism offenses can be prosecuted at any time. Child abduction and certain sex offenses against children have extended or eliminated limitation periods. Many financial crimes have longer limitation periods.

Federal law also has different tolling provisions. The limitations period is tolled while the defendant is a fugitive from justice. Certain national security matters can toll the limitations period. Conspiracy charges may have limitation periods that run from the last overt act rather than the agreement itself.

For a detailed breakdown, see our guide on federal statutes of limitations.

Real Case Example: Indecency Charges Dismissed

In a recent Tarrant County case, our attorneys secured dismissal of two counts of indecency with a child. After thorough investigation and preparation, the evidence showed the charges should never have been filed. The case was dismissed entirely, and the client avoided both conviction and the devastating consequences of sex offense registration.

While this particular case didn’t turn on statute of limitations issues, it illustrates the importance of aggressive defense from the earliest stages. An experienced defense team examines every possible defense, including whether charges were filed within the applicable time limits.

Disclaimer: Past results do not guarantee future outcomes. Every case is unique.

Frequently Asked Questions About Statutes of Limitations in Texas

What is the statute of limitations for a misdemeanor in Texas?

The statute of limitations for a misdemeanor in Texas is two years from the date of the offense. If prosecutors don’t file charges within that window, they generally cannot pursue the case. This applies to Class A, Class B, and Class C misdemeanors alike.

Can the statute of limitations clock be stopped?

Yes. The statute of limitations can be tolled (paused) under several circumstances. The most common are when the accused leaves Texas (that time doesn’t count against the clock) and when charges are filed through an indictment, information, or complaint. The clock resumes when the defendant returns to Texas or if charges are dismissed.

Is there a statute of limitations for murder in Texas?

No. Murder has no statute of limitations in Texas. The state can bring charges at any time, even decades after the offense occurred. This also applies to manslaughter, sexual assault of a child, and several other serious offenses listed in Article 12.01(1).

What is the statute of limitations for sexual assault in Texas?

It depends on the victim’s age and whether DNA evidence was collected. Sexual assault of a child has no statute of limitations. Sexual assault of an adult has a 10-year limitation. However, if DNA evidence was collected, there is no limitation regardless of the victim’s age. Cases involving continuous sexual assault or serial offenses also have no time limit.

How does the statute of limitations affect getting my record cleared?

The statute of limitations affects when charges can be filed, not record clearing. For information on expunction or nondisclosure, which can seal eligible records after a case concludes or after charges are never filed, consult with an attorney. If the statute of limitations expired without charges being filed, you may be eligible for expunction of any arrest records.

Does the statute of limitations apply to traffic tickets?

Most traffic violations are Class C misdemeanors with a two-year statute of limitations. However, tickets are typically issued at the time of the offense, so the limitation period rarely becomes relevant. If you received a ticket years ago and are just now being contacted about it, the statute of limitations may be a valid defense depending on the specific circumstances.

Can I be charged after the statute of limitations expires if new evidence is found?

Generally, no. Once the statute of limitations expires, the state cannot bring charges regardless of what evidence emerges later. The only exceptions are for crimes with no statute of limitations. For example, if DNA evidence in a murder case identifies a suspect 30 years after the crime, charges can still be filed because murder has no limitation period.

Protect Your Rights and Your Record

If you’re facing criminal allegations or have questions about whether the statute of limitations affects your case in Fort Worth, Dallas, or Houston, contact Varghese Summersett. Our team of experienced criminal defense attorneys includes Board Certified specialists and former prosecutors who understand how to protect your rights. With more than 70 team members across four Texas offices, we have the resources to handle complex cases at every level. Call (817) 203-2220 for a free consultation.