- The statute of limitations is the allowed time in which the U.S. Attorney may bring charges against a defendant. The counting of time is begun at the time the offense was committed, not from the time of arrest. A common defense tactic is to argue that the allotted time has elapsed, making criminal charges invalid.
- Certain criminal acts have no statute of limitations; charges can be brought against these crimes at any time. Among the offenses that have no time limit are capital offenses, or those offenses which may be punishable by the death penalty. Fleeing from justice also carries no limitation. Other crimes which have no statute of limitations include financial institute crimes including embezzlement, bank fraud and racketeering. Kidnapping and sexual crimes against children are not subject to any time limits in bringing charges.
- The time limit for bringing charges in cases of arson is 10 years. Other offenses which are subject to a limitation of 10 years are those which fall under trafficking such as forced labor, sale into involuntary servitude and enticement into slavery. The recruitment or usage of children (under 15 years of age) as members of armed forces carries a 10 year time limit in which to bring charges. Fraudulent activities involving papers of identification such as passports are also subject to a 10 year time limit.
- The theft of major artwork or objects of cultural heritage, meaning those which are worth more than $100,000 or are more than 100 years old and worth more than $5,000, is subject to a time limit of 20 years for filing charges. Charges of criminal contempt must be made within one year of the act being committed.
- Certain terrorist actions may be subject to different standards. If the terrorist act is a non-capital offense, not punishable by death, the limitation is eight years. According to U.S. code, there is no statute of limitations for terrorist acts that "resulted in, or created a foreseeable risk of, death or serious bodily injury to another person."
Function
No Limitation
10 Years
Miscellaneous
Considerations
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