Law & Legal & Attorney Government & administrative Law

Statute of Limitations on Federal Charges

    Capital Offenses

    • Under federal law and the laws of most states, certain offense are considered so serious no statute of limitations applies. Under federal law, any offense for which the offender can receive the death penalty (a capital crime) is not subject to a statute of limitations.

    Non-Capital Offenses

    • Federal crimes that are not eligible for the death penalty are almost always subject to a statute of limitations. For most such offenses, the statute of limitations is five years.

    Exceptions

    • Congress has removed certain categories of crimes from the general five-year statute of limitations. For example, crimes against children, such as sexual abuse and kidnapping, are subject to a 10-year statute of limitations but can also be prosecuted at any time during the victim's life, even if the 10-year period has expired. Indeed, some offenses against children are not subject to any statute of limitations. Certain other crimes, including arson, bank fraud, terrorist acts and art theft, are subject to extended statutes of limitations ranging from eight to 20 years.

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