Most jurisdictions do not have a statute of limitations for the crime of murder. A statute of limitations sets forth the amount of time in which a prosecutor can file criminal charges. With no statute in place, prosecutors have no time restrictions as to when they can bring a murder case.
Note though that some states do have a statute of limitations for some homicide offenses that don’t amount to murder. For example, some jurisdictions impose a six-year statute of limitations for involuntary manslaughter.1
In such a case, the prosecutor has to file a manslaughter case within six years from the date that the crime was committed. If a case is not brought within this time period, then prosecutors usually cannot charge you with the crime.
Other crimes that may not have an applicable statute of limitations include:
- some sex offenses and cases of sexual assault,
- the embezzlement of public funds or public money, and
- treason.
In this article I go into detail about the statute of limitations in murder cases and related topics. Also listen to our informative podcast:
1. Why is there often no statute of limitations for murder?
Murder is the most serious crime. People who take a human life should not be able to get off just because several years go by before they are caught.
By not having a statute of limitations for murder, law enforcement can work on “cold cases” that go unsolved for long periods of time because of a lack of evidence. Advances in DNA evidence have helped investigators bring criminal cases of murder after the lapse of a substantial period of time.
Note that while some states specifically state that there is no limitations period to bring a murder case, other states say that there is no limitations period for crimes punishable by:
- death, or
- imprisonment in the state prison for life or life without the possibility of parole.2
The most serious offenses often have no statute of limitations or a very long one.
2. What about a non-murder case involving a death?
Sometimes people are killed in the commission of violent crimes or serious crimes even where the conduct falls short of murder. Examples include cases involving:
- voluntary manslaughter,
- involuntary manslaughter, and
- vehicular homicide.
In these cases, a statute of limitations period may apply depending on the state and the specific crime. For example, some states specifically say that there is no specific length of time to bring a murder case as well as such cases as:
- hit and run involving death, or
- reckless homicide.3
Other states say that there is no statutory period for any felony that results in death.4
However, other states set forth limitation periods depending on how a crime is punished. In these states, criminal laws may impose a specific statutory period for non-murder cases in which a death results.5
3. Are there other crimes with no statute of limitations?
Most often, yes. Many states set forth a few other crimes in which there is no specific limitations period to bring criminal charges. Examples include the crimes of:
- sexual abuse of a child,
- child molestation,
- continuing trafficking of persons, and
- some arson cases.
4. Why have a statute of limitations for crimes?
A statute of limitations exists to help ensure fair trials for defendants.
Evidence often gets lost or destroyed with the passage of time, and witnesses may also move after several years or may no longer recall certain facts that took place. The result is that it would be unfair to pursue criminal charges in the legal system after a certain period of time has passed.6
Limitation periods also encourage law enforcement to investigate crimes quickly and efficiently. This is important so that they can remove criminals from the public so that they will not inflict other harm.
5. Can a criminal defense attorney help?
Yes. The concept of a statute of limitations is often confusing and it is difficult to determine the specific limitations period that may apply to a particular legal proceeding or crime (whether that crime be a misdemeanor or a felony).
A skilled criminal defense lawyer will be able to inform you as to the specific statute of limitations that applies to your case.
Please keep in mind that most defense attorneys and law firms provide free consultations. This means you can get legal advice about your case without spending a dime.
Felonies typically have longer statutes of limitations than misdemeanors.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Statutes of Limitations: The Underlying Policies – University of Louisville Law Review.
- Easing the Tension before Statutes of Limitations and the Continuing Offense Doctrine – Northwestern University Journal of Law & Social Policy.
- Child Sexual Abuse and Criminal Statutes of Limitation: A Model for Reform – Washington Law Review.
- Efficient Time Bars: A New Rationale for the Existence of Statutes of Limitations in Criminal Law – The Journal of Legal Studies.
- Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial – William & Mary Law Review.
Legal References:
- See, for example, California Penal Code 800 PC (6-year statute of limit period for crimes punishable by 8 years or more). See also, for example, People v. Sedillo (Cal. App. 2d Dist. 2015), 235 Cal. App. 4th 1037; People v. Ortega (Cal. App. 4th Dist. 2013), 218 Cal. App. 4th 1418.
- See for example Rev. Code of Washington 9A.04.080 (no limitations period for murder) and California Penal Code 799 PC (no limitations period for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole).
- See, for example, 720 IL. Code Sections 5/3-5 and 5/3-7. See also Tex. Crim. Proc. Code 12.01.
- See, for example, Florida Statute 775.15.
- See, for example, California Penal Code 800 PC. This statute sets forth a six-year statute of limitations period for crimes punishable by eight years or more. This would include many manslaughter cases.
- Note that statutes of limitations apply to civil cases as well for these very same reasons.
