These statutes were provided by The American Prosecutors Research Institute's National Center for the Prosecution of Violence Against Women. Additional information about these statutes can be found on their website.

This list was compiled, August 2006 and originally published on the RAINN.org website

Statutes of Limitations by State


Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Lousiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhohde Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |
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Alabama Statutes of Limitations for Sexual Assault

Limitation: There is no period of limitation for the offense of rape.
DNA Exception: No.

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Alaska Statutes of Limitations for Sexual Assault

Limitation: Prosecution may be commenced any time for a felony sexual abuse of a minor (first, second, or third degree sexual assault), for the sexual assault that is an unclassified class A or B felony, or violation of 11.41.425(a)(2) or (3) (first, second or third degree sexual assault), or for a violation of 11.41.425 (sexual assault in the third degree) when committed against a person who, at the time of the offense, was under 18 years of age.
DNA Exception: No.

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Arizona Statutes of Limitations for Sexual Assault

Limitation: For a Class 2-6 felony (sexual assault is a Class 2 felony), the period of limitation is seven years.
DNA Exception: No.

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Arkansas Statutes of Limitations for Sexual Assault

Limitation: Class Y felony (rape is a Class Y felony) and Class A felony (sexual assault in the first degree is a Class A felony) have a period of limitation of within six years after the commission of the offense. Class B felony (sexual assault in the second degree is a Class B felony), Class C felony (sexual assault in the third degree is a Class C felony), or Class D felony (sexual assault in the fourth degree is a Class D felony if engages in sexual intercourse or deviate sexual activity, with someone not his spouse, under 16), or unclassified felonies have a period of limitation of three years. Misdemeanors (sexual contact with someone under 16) must be prosecuted within one year.
DNA Exception: The time for class Y felonies is within six years after the commission of the offense EXCEPT rape which the period of limitation may be extended to 15 years during which time a prosecution can be commenced if based on forensic DNA testing or other tests which may become available through advances in technology.

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California Statutes of Limitations for Sexual Assault

Limitation: Rape, as defined in Section 261 or 262, is punishable by imprisonment in the state prison for three, six, or eight years. Section 261 states that (a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. (2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused. (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions: (A) Was unconscious or asleep. (B) Was not aware, knowing, perceiving, or cognizant that the act occurred. (C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact. (D) Was not aware knowing, perceiving, or cognizant of the essential character of the act due to perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose (5) Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (6) Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. (7) Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. Section 262 defines rape as spousal rape. Offenses punishable by imprisonment for eight or more years shall be commenced within six years after the commission of the offense; yet this does not apply and no prosecution shall be brought under this section unless the violation was reported to medical personnel, a member of the clergy, an attorney, a shelter representative, a counselor, a judicial officer, a rape crisis agency, a prosecuting agency, a law enforcement officer, or a firefighter within one year after the date of the violation. This reporting requirement shall also not apply if the victim’s allegation of the offense is corroborated by independent evidence that would otherwise be admissible during trial. Offenses punishable by imprisonment in state prison shall be commenced within 3 years after the commission of the offense.
DNA Exception: The prosecution of certain sex offenses is permitted within one year of the date on which the identity of the suspect is conclusively established by DNA testing if the offense was committed on or after Jan. 1, 2001 the biological evidence is analyzed no later than two years from the date of the offense. If the offense occurred prior to Jan. 1, 2001, biological evidence must have been analyzed no later than Jan. 1, 2004.

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Colorado Statutes of Limitations for Sexual Assault

Limitation: The period of time during which a person may be prosecuted shall be 10 years after the commission of the offense.
DNA Exception: In any case in which the identity of the defendant is determined in whole or part by patterned chemical structure of genetic information and in which the offense has been reported to a law enforcement agency… within ten years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense as to any offense charged.

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Connecticut Statutes of Limitations for Sexual Assault

Limitation: Class A felonies (sexual assault in the first degree) has no limit of time for prosecution. If the punishment is imprisonment of over one year (sexual assault in the second degree, third degree, or fourth degree) the prosecution must be within five years. Any other offense must be prosecuted in one year.
DNA Exception: Limitation of prosecution for sexual assault offenses when DNA evidence is available: Person can be prosecuted no later than twenty years from the commission of offense provided (1) the victim notified any police officer or state’s attorney acting in their official capacities of the commission of the offense not later than five years after the commission of the the offense, and (2) the identity of the person who allegedly committed the offense has been established through a DNA profile comparison using evidence collected at the time of the commission of the offense.

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Delaware Statutes of Limitations for Sexual Assault

Limitation: Prosecution of a crime defined as a "sexual offense" by section 761, except 763, 764, and 765, can be commenced at any time. Prosecution of a class A felony (rape in the 1st degree) may be commenced at any time. Prosecution for any other felony (rape in the second, third or fourth degree) must be prosecuted within five years of the commission of the offense.
DNA Exception: If the period prescribed in other sections has expired, a prosecution for any offense has in this title may be commenced within 10 years after its committed if based on forensic DNA testing.

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District of Columbia Statutes of Limitations for Sexual Assault

Limitation: Prosecution for sexual abuse in the first or second degree is barred if not commenced within 15 years after it is committed. Prosecution for sexual abuse in the third or fourth degree and for patient/client abuse in the first or second degree is barred is not commenced within 10 years after it is committed. The period of limitation does not run for first degree sexual abuse of patient/client or second degree sexual abuse of patient/client until the victim is no longer a patient/client.
DNA Exception: No.

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Florida Statutes of Limitations for Sexual Assault

Limitation: Prosecution for a capital felony (a person 18 or over who commits sexual battery upon a person less than 12 years of age commits a capital felony) or life felony (a person less than 18 who commits sexual battery upon a person less than 12 years of age commits a life felony) or a felony that resulted in death may be commenced at any time. Prosecution for a felony of the first degree must be commenced within four years of the offense. If the victim was under 18 when the crime occurred, the statues of limitations does not begin to run until the victim turns 18 or reports the crime to the police, whichever occurs earlier. If the victim was under 18 when the crime occurred and the offense is a first degree felony under section 794.011 (Fla. Stat. 794.011(4) – A person who commits sexual battery upon a person 12 or over, commits a 1st degree felony when: the victim is physically helpless to resist; when the offender coerces with threats to use force or violence, or retaliate; when the offender administers an intoxicating substance that incapacitates the victim; when the victim is mentally defective and the offender has reason to know this; when the victim is physically incapacitated; when the offender is a law enforcement or related officer), the prosecution may commence at any time. Prosecution for first and second degree felony of 794.011 (first degree felony stated above as (Fla. Stat. 794.011(4), second degree felony is Fla. Stat. 794.011(5) – A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, without using physical force likely to cause serious injury commits a second degree felony) may be commenced at any time if the crime is reported to law enforcement within 72 hours of the commission of the crime.
DNA Exception: No.

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Georgia Statutes of Limitations for Sexual Assault

Limitation: Prosecution for forcible rape must be commenced within 15 years of the offense. Prosecution for other crimes punishable by death or life imprisonment (the crime of rape, and sometimes the offense of aggravated sodomy) must be within seven years. Prosecution of all other felonies must be commenced within four years, unless the victim was under 18 at the time of the offense, in which case prosecution must commence within 7 years.
DNA Exception: Prosecution for rape may be commenced at any time when DNA established identity of accused in rape.

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Hawaii Statutes of Limitations for Sexual Assault

Limitation: Haw. Rev. Stat. §701-108(2)(b) – Prosecution for a Class A felony must commence within 6yrs. §701-108(2)(d) – Prosecution for all other felonies must commence within 3 years. §701-108(3)(b) Any offense based on misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years from the expiration of the period of limitation prescribed in subsection (2).
DNA Exception: Any felony offense involving evidence containing deoxyribonucleic acid from the offender, if a test confirming the presence of deoxyribonucleic acid is performed prior to expiration of the period of limitation prescribed in subsection (2), but in no case shall this provision extend the period of limitation by more than ten years from the expiration of the period of limitation prescribed in subsection (2).

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Idaho Statutes of Limitations for Sexual Assault

Limitation: Idaho Code § 19-401 – A prosecution for rape pursuant to section 18-6101 2, 3, 4, 5, or 7, (Idaho Code §18-6101-Rape is defined as the penetration, however slight, of the oral, anal or vaginal opening with the perpetrator's penis accomplished with a female under either of the following circumstances: 1. Where the female is under the age of eighteen (18) years. 2. Where she is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent. 3. Where she resists but her resistance is overcome by force or violence. 4. Where she is prevented from resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution; or by any intoxicating, narcotic, or anesthetic substance. 5. Where she is at the time unconscious of the nature of the act and incapable of resisting because she is unconscious or asleep or is not aware, knowing, perceiving, or cognizant that the act occurred. 6. Where she submits under the belief that the person committing the act is her husband, and the belief is induced by artifice, pretense or concealment practiced by the accused, with intent to induce such belief. 7. Where she submits under the belief, instilled by the actor, that is she does not submit, the actor will cause physical harm to some person in the future; or cause damage to property; or engage in other conduct constituting a crime; or accuse any person of a crime or cause criminal charges to be instituted against her, or expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule) or section 18-6108 (male rape) may be commenced at any time. Idaho Code § 19-401 – A prosecution for rape pursuant to section 18-6101(6) must be commenced within 5 years of the offense.
DNA Exception: No.

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Illinois Statutes of Limitations for Sexual Assault

Limitation: Prosecution for criminal sexual assault (the accused commits criminal sexual assault if he or she: 1) commits an act of sexual penetration by the use of force of threat of force; or 2) commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or 3) commits an act of sexual penetration with a victim who was under 18 when the act was committed and the accused was a family member; or (4) commits an act of sexual penetration with a victim who was at least 13 but under 18 when the act was committed and the accused was 17 and held a position of trust, authority or supervision in relation to the victim) must be commenced within three years of the offense. A prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within two years after the commission of the offense.
DNA Exception: Prosecution for any offense involving sexual conduct/ or sexual penetration as defined by 720 ILCS 5/12-12 in which the DNA profile of offender is obtained and entered into a DNA database within 10 years after the commission of offense and the identity of offender is unknown after investigation, may be commenced at any time.

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Indiana Statutes of Limitations for Sexual Assault

Limitation: Prosecution for a Class B felony (when rape is (1) compelled by force or imminent threat of force; (2) victim is unaware that the sexual intercourse is occurring; or (3) victim is so mentally disabled or deficient that consent to sexual intercourse cannot be given), Class C felony (when rape is (1) committed by using or threatening the use of deadly force; (2) committed while armed with a deadly weapon; or (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug, or a controlled substance, or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge) or Class D felony (when a person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touches another person when that person is: (1) compelled to submit to the touching by force or the imminent threat of force; or (2) so mentally disabled or deficient that consent to the touching cannot be given) must be commenced within 5 years. Prosecution for a Class A felony (rape is (1) committed by using or threatening the use of deadly force; (2) committed while armed with a deadly weapon; (3) results in serious bodily injury to a person other than Defendant; or (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug) may be commenced at any time.
DNA Exception: Prosecution for a class B or class C felony that would otherwise be barred under this section may be commenced within one year after the earlier of the date on which the state (1) first discovers the identity of the offender with DNA evidence or (2) could have discovered the identity of the offender with DNA evidence by the exercise of due diligence.

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Iowa Statutes of Limitations for Sexual Assault

Limitation: An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under 18 shall be found within 10 years after the person upon whom the offense is committed attains 18 years of age. An information or indictment for any other sexual abuse in the first, second, or third degree shall be found within ten years after its commission.
DNA Exception: If the identity of the person against whom the information or indictment is sought is established through the use of a DNA profile, an information or indictment shall be found within three years from the date the identity of the person is identified (a person's legal name is known and the person has been determined to be the source of the DNA) by the person's DNA profile, or within 10 years of the offense or of the victim’s attaining the age of 18, whichever is later.

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Kansas Statutes of Limitations for Sexual Assault

Limitation: A prosecution for rape or aggravated criminal sodomy must be commenced within 5 years of the offense. A prosecution for any crime not governed by subsections (1) – (7) must be commenced within two years of the offense.
DNA Exception: A prosecution for a sexually violent offense must be commenced within the limitation of time provided by the law pertaining to such offense or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

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Kentucky Statutes of Limitations for Sexual Assault

Limitation: No statute of limitations.
DNA Exception: No.

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Louisiana Statutes of Limitations for Sexual Assault

Limitation: La. C.Cr.P. Art. 571 - There is no time limitation upon the institution of prosecution for any crime for which the punishment may be death or life imprisonment or for the crime of forcible rape. Art. 571.1 – Except as provided by Article 572 of this Chapter, the time within which to institute prosecution of the following sex offenses: sexual battery, second degree sexual battery, oral sexual battery, felony carnal knowledge of a juvenile, indecent behavior with juveniles, molestation of a juvenile, crime against nature, aggravated crime against nature, incest, or aggravated incest, which involves a victim under seventeen years of age, regardless of whether the crime involves force, serious physical injury, death, or is punishable by imprisonment at hard labor shall be thirty years. This thirty-year period begins to run when the victim attains the age of eighteen. Art. 572(A) – Except as provided in Articles 571 and 571.1, no person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed: (1) Six years, for a felony necessarily punishable by imprisonment at hard labor. (2) Four years, for a felony not necessarily punishable by imprisonment at hard labor.
DNA Exception: La. C.Cr.P. Art. 572(B) (1) Notwithstanding the provisions of Article 571.1 and Paragraph A of this Article, prosecutions for any sex offense may be commenced beyond the time limitations set forth in this Title if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile. (2) A prosecution under the exception provided by this Paragraph shall be commenced within three years from the date on which the identity of the suspect is established by DNA testing.

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Maine Statutes of Limitations for Sexual Assault

Limitation: A prosecution for gross sexual assault of a victim under 16 may be commenced at any time (A person is guilty of gross sexual assault if that person engages in a sexual act with another person and: (A) the other person submits as a result of compulsion; (B) or the other person, not the actor’s spouse, is less than 14 years; (C) or the other person, not the actor’s spouse, is less than 12 years. (Class A crime) 2. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and: (A) the actor has substantially impaired the other person’s power or control by administering drug or intoxicants; (B) the actor compels or induces the person by any threat; (C) the other person suffers from mental disability that is reasonably apparent or known to the actor; (D) the other person is unconscious (E) the actor is in official custody and the actor has supervisory authority over the person; (F) the other person is less than 18 and is a student enrolled in a private or public elementary, secondary or special education school or facility and the actor is a teacher, employee or official having instructional, supervisory or disciplinary authority over the student; (G) the other person is less than 18 yrs. and is a resident in or attending a children’s home, day care, camp or similar school, and the actor is a teacher or employee having instructional, supervisory or disciplinary authority over the other person; (H) the other person is less than 18 and is a student enrolled in a private or public elementary, secondary, or special education school and the actor is a teacher, employee or other official; (I) the other person is less than 18 yrs. And the actor is a parent, stepparent, foster parent, etc. of that other person. (J) the actor owns, operates or is an employee of an organization; program or residence that is operated by the Dept. of Mental Health, Mental Retardation and Substance Abuse Services or the Dept. of Human Services and the other person receives services from the program as a person with mental retardation)Prosecutions for Class A, B, and C crimes must be commenced within 6 years of the offense.
DNA Exception: No.

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Maryland Statutes of Limitations for Sexual Assault

Limitation: No statute of limitations.
DNA Exception: No.

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Massachusetts Statutes of Limitations for Sexual Assault

Limitation: An indictment must be filed within 15 years of the commission of the offense.
DNA Exception: No.

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Michigan Statutes of Limitations for Sexual Assault

Limitation: An indictment for criminal sexual conduct in the first degree may be found and filed at any time (MCLS §750.520(b) Criminal sexual
conduct in the 1st degree: (1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists: (a) That other person is under 13 years of age. (b) That other person is at least 13 but less than 16 years of age and any of the following: i) The actor is a member of the same household as the victim. (ii) The actor is related to the victim by blood or affinity to the fourth degree.
(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit. (iv) The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled. (c) Sexual penetration occurs under circumstances involving the commission of any other felony. (d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists: (i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in subdivision (f)(i) to (v). (e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon. (f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes but is not limited to any of the following circumstances: (i) When the actor overcomes the victim through the actual application of physical force or physical violence. (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats. (iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion. (iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable. (v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following: (i) The actor is related to the victim by blood or affinity to the fourth degree. (ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit. (2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment in the state prison for life or for any term of years). An indictment for a violation or attempted violation of section 520c (§750.520(c) Criminal sexual conduct in 2nd degree. (Felony)), 520d (§750.520(d) Criminal sexual conduct in the 3rd degree. (Felony)), 520e (§750.520(e) Criminal sexual conduct in the 4th degree. (Misdemeanor)), of the Michigan penal code, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed within 10 years after the offense is committed or by the alleged victim’s twenty-first birthday, whichever is later, except as otherwise provided in subdivision (b).
DNA Exception: If evidence of a violation is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment shall be found and filed within 10 years after the individual is identified or by the alleged victim’s 21st, birthday, whichever is later.

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Minnesota Statutes of Limitations for Sexual Assault

Limitation: For violations of §§ 609.342 – 609.345 (609.342 Criminal sexual conduct in the first degree, 609.343 Criminal sexual conduct in the second degree, 609.344 Criminal sexual conduct in the third degree, 609.345 Criminal sexual conduct in the fourth degree), if the victim was under 18 at the time of the offense, an indictment must be filed within 9 years unless the victim failed to report the crime within the limitations period, in which case an indictment must be filed within 3 years after the offense was reported to law enforcement authorities. Indictments for §609.345 must be filed within 3 years of the offense.
DNA Exception: Indictments may be found or filed at any time after the commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics.

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Mississippi Statutes of Limitations for Sexual Assault

Limitation: A prosecution under § 97-3-71 and § 97-3-95(1)(c), (d), or (2) may commence at any time (Miss. Code Ann. § 97-3-71 – Rape; assault with intent to ravish: Every person who shall be convicted of an assault with intent to forcibly ravish any female of previous chaste character shall be punished by imprisonment in the penitentiary for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty. §97-3-69 creates a presumption of chastity which the defendant has the burden of disproving; however, no one may be convicted on the uncorroborated testimony of the victim. § 97-3-95. Sexual battery (1) A person is guilty of sexual battery if he or she engages in sexual penetration with: (a) Another person without his or her consent; (b) A mentally defective, mentally incapacitated or physically helpless person; (c) A child at least 14 but under 16, if the person is 36 or more months older than the child; or (d) A child under the age of fourteen 14, if the person is twenty-four (24) or more months older than the child. (2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of 18 years if the person is in a position of trust or authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach). A prosecution for § 97-3-95(1)(a) or (b) must be commenced within 2 years.
DNA Exception: No.

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Missouri Statutes of Limitations for Sexual Assault

Limitation: A prosecution for murder, forcible rape, attempted forcible rape, forcible sodomy, attempted forcible sodomy, or any class A felony may be commenced at any time. For any other felony, the prosecution must commence within three years.
DNA Exception: No.

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Montana Statutes of Limitations for Sexual Assault

Limitation: A prosecution for a felony offense under 45-5-502 or 45-5-503 (Mont. Code Anno., § 45-5-503 – Sexual intercourse without consent
A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent. A person may not be convicted under this section based on the age of the person's spouse. § 45-5-502: Sexual assault. (1) A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault. (2) A person convicted of sexual assault shall be fined not to exceed $ 500 or be imprisoned in the county jail for a term not to exceed 6 months, or both) may be commenced within 10 years after it is committed, except that it may be commenced within 10 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred. A prosecution for a misdemeanor offense under those provisions may be commenced within 1 year after the offense is committed, except that it may be commenced within 5 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred.
DNA Exception: No.

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Nebraska Statutes of Limitations for Sexual Assault

Limitation: Except as otherwise provided by law, no person shall be prosecuted for any felony unless the indictment is found by a grand jury within three years next after the offense has been done or committed or unless a complaint for the same is filed before the magistrate within three years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued. Except as otherwise provided by law, no person shall be prosecuted, tried, or punished for any misdemeanor or other indictable offense below the grade of felony or for any fine or forfeiture under any penal statute unless the suit, information, or indictment for such offense is instituted or found within one year and six months from the time of committing the offense or incurring the fine or forfeiture or within one year for any offense the punishment of which is restricted by a fine not exceeding one hundred dollars and to imprisonment not exceeding three months.
DNA Exception: No.

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Nevada Statutes of Limitations for Sexual Assault

Limitation: A prosecution must commence within 4 years after the commission of the offense. There is no limitation for sexual assault if a written report is filed with
law enforcement officer during period of limitation.
DNA Exception: No.

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New Hampshire Statutes of Limitations for Sexual Assault

Limitation: Prosecution of Class A and B felonies (Aggravated Felonious Sexual Assault and Felonious Sexual Assault) must be commenced within 6 years of the offense.
DNA Exception: No.

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New Jersey Statutes of Limitations for Sexual Assault

Limitation: Prosecution for sexual assault & aggravated sexual assault may be commenced at any time. A prosecution for aggravated criminal sexual contact or criminal sexual contact must be commenced within five years after it is committed. If the victim was under 18 at the time of the offense, a prosecution must be commenced within 5 years of the victim’s attaining 18 or within 2 years of the discovery of the offense by the victim, whichever is later.
DNA Exception: Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

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New Mexico Statutes of Limitations for Sexual Assault

Limitation: Prosecution may commence at any time after the occurrence of a capital felony or a first degree violent felony; (A) Second degree felony, within six years from the time the crime was committed; (B) Third or fourth degree felony, within five years from the time the crime was committed (N.M. Stat. Ann. § 30-9-11
A. Criminal Sexual Penetration is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent with any object, of the genital or anal openings of another, whether or not there is any emission. C. Criminal sexual penetration in the first degree is a first degree felony and consists of all sexual penetration perpetrated: (1) on a child under 13 or (2) by the use of force or coercion that results in great bodily harm or great mental anguish to the victim. D. Criminal sexual penetration in the second degree is a second degree felony and consists of all criminal sexual penetration perpetrated: (1) on a child 13 to 18 when the perpetrator is in a position of authority over the child and uses this authority to coerce the child to submit; (2) on an inmate confined in a correctional facility or jail where the perpetrator is in a position of authority over the inmate;
(3) by the use of force or coercion that results in personal injury to the victim; (4) by the use of force or coercion when the perpetrator is aided or abetted by one or more persons; (5) in the commission of any other felony; or (6) when the perpetrator is armed with a deadly weapon. E. Criminal sexual penetration in the third degree is a third degree felony and consists of all criminal sexual penetration perpetrated through the use of force or coercion. F. Criminal sexual penetration in the fourth degree is a fourth degree felony and consists of all criminal sexual penetration: (1) not defined in (C) through (E) of this section perpetrated on a child 13 to 16 when the perpetrator is at least 18 and is at least four years older than the child and not the spouse of that child; (2) perpetrated on a child 13 to 18 when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least 18 and is at least four years older than the child and not the spouse of the child, learns while performing services in or for a school that the child is a student in a school).
DNA Exception: When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution shall not commence to run until a DNA profile is matched with a suspect.

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New York Statutes of Limitations for Sexual Assault

Limitation: Prosecution for Class B (first degree rape) and Class D (second degree rape) felonies must be commenced within 5 years of the offense. Where the victim was under 18 at the time of the offense, the period of limitation does not begin to run until the victim turns 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and mistreatment, whichever occurs earlier.
DNA Exception: The statute of limitations for prosecution of the class B felony of rape in the first degree is extended from five years to ten years after the commission thereof when based upon forensic DNA testing.

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North Carolina Statutes of Limitations for Sexual Assault

Limitation: A prosecution for a felony may commence at any time (first degree rape is a Class B1 felony and second degree rape is a Class C felony).
DNA Exception: No.

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North Dakota Statutes of Limitations for Sexual Assault

Limitation: Prosecution for any felony other than murder must be commenced within three years after its commission. Prosecution for a misdemeanor or infraction must be commenced within two years. (N.D. Cent. Code, § 12.1-20-07 – Sexual Assault: 1. A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if: a. That person knows or has reasonable cause to believe that the contact is offensive to the other person; b. That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders that other person incapable of understanding the nature of that other person's conduct; c. That person or someone with that person's knowledge has substantially impaired the victim's power to appraise or control the victim's conduct, by administering or employing without the victim's knowledge intoxicants, a controlled substance as defined in chapter 19-03.1, or other means for the purpose of preventing resistance; d. The other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over that other person; e. The other person is a minor, fifteen years of age or older, and the actor is the other person's parent, guardian, or is otherwise responsible for general supervision of the other person's welfare; or f. The other person is a minor, fifteen years of age or older, and the actor is an adult. 2. The offense is a class C felony if the actor's conduct violates subdivision b, c, d, or e of subsection 1, or subdivision f of subsection 1 if the adult is at least twenty-two years of age, a class A misdemeanor if the actor's conduct violates subdivision f of subsection 1 if the adult is at least eighteen years of age and not twenty-two years of age or older, or a class B misdemeanor if the actor's conduct violates subdivision a of subsection 1)
DNA Exception: No.

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Ohio Statutes of Limitations for Sexual Assault

Limitation: A prosecution must be commenced within 20 years under §2907.02 and §2907.03 (ORC Ann. § 2907.02 – Rape is a felony in the first degree. § 2907.03 – Sexual battery is a felony in the third degree).
DNA Exception: No.

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Oklahoma Statutes of Limitations for Sexual Assault

Limitation: Prosecutions for rape in the first or second degree shall be commenced within twelve (12) years after the discovery of the crime.
DNA Exception: However, prosecutions for first or second degree rape may be commenced at any time after the commission of the offense if: (a). the victim notified law enforcement within 12 years after the discovery of the crime, (b). physical evidence is collected and preserved that is capable of being tested to obtain a profile from deoxyribonucleic acid (DNA), and (c). the identity of the offender is subsequently established through the use of a DNA profile using evidence listed in subparagraph (b) of this paragraph. A prosecution under this exception must be commenced within three years from the date on which the identity of the suspect is established by DNA testing.

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Oregon Statutes of Limitations for Sexual Assault

Limitation: ORS § 131.125 (2): Prosecutions for rape in the first, second, and third degree, unlawful sexual penetration in the first and second degree, and sexual abuse in the first and second degree may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first. ORS § 131.125 (3): A prosecution for sexual abuse in the third degree may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first.
DNA Exception: Notwithstanding subsection (2) of this section, a prosecution for rape in the first or second degree or sodomy in the first or second degree may be commenced within 12 years after the commission of the crime if the defendant is identified after the period described in subsection (2) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons.

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Pennsylvania Statutes of Limitations for Sexual Assault

Limitation: 42 Pa.C.S. § 5552 Prosecution under Sections 3121 (rape), 3123 (involuntary deviate sexual intercourse, and 3124.1 (sexual assault) must be commenced within 12 years after the offence. (c)(3) Any sexual offense committed against a minor who is less than 18 years of age any time up to the period of limitation provided by law after the minor has reached 18 years of age.
DNA Exception: Notwithstanding any provision of law to the contrary, if evidence of a misdemeanor sexual offense set forth in subsection (c)(3) or a felony offense is obtained containing human deoxyribonucleic acid (DNA) which is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution of the offense may be commenced within the period of limitations provided for the offense or one year after the identity of the individual is determined, whichever is later.

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Rhode Island Statutes of Limitations for Sexual Assault

Limitation: There is no statute of limitations for first degree sexual assault. The statute of limitations for 2nd degree sexual assault shall be three years.
DNA Exception: No.

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South Carolina Statutes of Limitations for Sexual Assault

Limitation: No statute of limitations.
DNA Exception: No.

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South Dakota Statutes of Limitations for Sexual Assault

Limitation: There is no limitation on the time within which a prosecution for Class A, Class B or Class 1 felony must be commenced. There is a seven-year limitation for a Class 2 & 3 felony.
DNA Exception: No.

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Tennessee Statutes of Limitations for Sexual Assault

Limitation: Tenn. Code Ann. § 40-2-101(a) A person may be prosecuted, tried and punished for an offense punishable with death or by imprisonment in the penitentiary during life, at any time after the offense is committed. (b) Prosecution for a felony offense shall begin within: (1) 15 years for a Class A felony; (2) 8 years for a Class B felony; (3) 4 years for a Class C or Class D felony; and (4) 2 years for a Class E felony.
DNA Exception: No.

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Texas Statutes of Limitations for Sexual Assault

Limitation: A prosecution for sexual assault must be brought within 10 years of offense, except as provided by Subdivision (1) or (5). A prosecution must be brought within 10 years of the victim's 18th birthday.
DNA Exception: a prosecution for sexual assault may be brought at any time, if during the investigation of the offense biological matter is collected and 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.

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Utah Statutes of Limitations for Sexual Assault

Limitation: A felony shall be prosecuted within four years of the offense, rape, object rape, forcible sodomy, forcible sexual abuse, and aggravated sexual assault may be commenced within eight years of the offense if the offense was reported to a law enforcement agency within four years of the offense
DNA Exception: No.

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Vermont Statutes of Limitations for Sexual Assault

Limitation: A prosecution for aggravated sexual assault may be brought at any time. A prosecution for sexual assault must be brought within 6 years of the offense. A prosecution for sexual assault must be brought within the date the victim turns 24 or 6 years after the offense was reported, whichever is earlier.
DNA Exception: No.

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Virginia Statutes of Limitations for Sexual Assault

Limitation: No statute of limitations.
DNA Exception: No.

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Washington Statutes of Limitations for Sexual Assault

Limitation: For rape in the first degree or in the second degree, if the rape is reported to a law enforcement agency within one year of its commission, except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a first or second degree rape is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age. (h) A prosecution for rape in the third degree must be commenced within 3 years of the offense.
DNA Exception: No.

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West Virginia Statutes of Limitations for Sexual Assault

Limitation: No statute of limitations.
DNA Exception: No.

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Wisconsin Statutes of Limitations for Sexual Assault

Limitation: Prosecution for a first or second degree rape must be commenced within six years.
DNA Exception: If before the time limitation of six years has expired, the state collected biological material that is evidence of the identity of the person who committed a violation of first or second degree rape, the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for the violation of first or second degree rape, or a crime that is related to the violation or both within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person.

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Wyoming Statutes of Limitations for Sexual Assault

Limitation: No statute of limitations.
DNA Exception: No.

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