California Penal Code 802 PC imposes a one-year statute of limitations for most misdemeanor offenses. This is the time window in which the prosecutor is allowed to file charges.
However, the time limit to press charges extends to
- two years in misdemeanor cases of unprofessional conduct and
- three years for the misdemeanor offense of annoying or molesting a child under 14 years old.
The full text of the statute reads as follows:
802. (a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense.
(b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years shall be commenced within three years after commission of the offense.
(c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense.
(d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows:
(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense.
(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only), 7159.14 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense.
(3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the offense.
(4) With respect to Sections 7028, 7159.5 (nonlicensee only), and 7159.14 (nonlicensee only) of the Business and Professions Code, within four years of the commission of the offense.
(e) Prosecution for a misdemeanor violation of Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code or Section 2944.6 or 2944.7 of the Civil Code shall be commenced within three years after discovery of the commission of the offense, or within three years after completion of the offense, whichever is later.
Legal Analysis
California Penal Code 802 PC outlines the statutes of limitations for misdemeanor offenses. Most misdemeanors must be prosecuted within one year of the alleged offense. However, there is a two-year statute of limitations to press charges for unprofessional conduct. Prosecutors have three years to bring charges for annoying or molesting a child under 14.
PC 802 also outlines the statutes of limitations for various business crimes related to contracting and mortgages. Depending on the specific offense, the statute of limitations to prosecute ranges from one to four years.1
Felonies have longer statutes of limitations than misdemeanors. The majority must be charged within three years of the offense.3 Most crimes carrying more than eight years in prison have to be prosecuted within six years of the offense.3 And the most serious offenses such as murder and rape can be prosecuted at any time – there is no statute of limitations.4
PC 802 gives prosecutors one year to bring most misdemeanor charges in California.
Legal References
- California Penal Code 802 PC – Time period for commencement of prosecution. See also Heidary v. Superior Court (Cal. App. 4th Dist. Aug. 14, 2018), 236 Cal. Rptr. 3d 718, 26 Cal. App. 5th 110; People v. Meza (Cal. App. 4th Dist. Aug. 14, 2019), 251 Cal. Rptr. 3d 250, 38 Cal. App. 5th 821.
- PC 801.
- PC 800.
- PC 799.