Statute of Limitations on Murders – Is There One?

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.

1. Is there a statute of limitations for the crime of murder?

Most states do not have a criminal statute of limitations for murder. In practice, this means that prosecutors have no time limits as to when they can bring murder charges.

The latter means law enforcement can try and solve “cold cases,” or murder 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 most jurisdictions divide murder into:

• first-degree murder, and
• second-degree murder.

There is generally no statute of limitations for either offense.

Note, too, 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

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 in which you committed the crime, and
• the specific crime you committed.

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, and
• reckless homicide.³

Other states say that there is no statutory period for any felony that results in death.⁴

But 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. Witnesses may also move after several years, or they 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.