Criminal Statutes of Limitations in Delaware
How long prosecutors in Delaware have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: No limit: prosecution for murder, any class A felony, or an attempt to commit either may be commenced at any time; also at any time for listed sexual offenses and crimes involving a minor victim under § 205(e). 11 Del. C. § 205
| Criminal statutes of limitations | No limit: prosecution for murder, any class A felony, or an attempt to commit either may be commenced at any time; also at any time for listed sexual offenses and crimes involving a minor victim under § 205(e). Other felonies: within 5 years after the offense. Class A misdemeanors: within 3 years. Class B or C misdemeanors, unclassified misdemeanors and violations: within 2 years. Extensions apply for fraud/breach of fiduciary duty (within 2 years of discovery, not more than 3 extra years), misconduct in office, and prosecutions based on forensic DNA testing (within 10 years). The period does not run while the accused is fleeing or hiding. Re-verified 2026-10-27. Source: 11 Del. C. § 205 |
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FAQ
What is the statute of limitations for crimes in Delaware?
No limit: prosecution for murder, any class A felony, or an attempt to commit either may be commenced at any time; also at any time for listed sexual offenses and crimes involving a minor victim under § 205(e). Other felonies: within 5 years after the offense. Class A misdemeanors: within 3 years. Class B or C misdemeanors, unclassified misdemeanors and violations: within 2 years. Extensions apply for fraud/breach of fiduciary duty (within 2 years of discovery, not more than 3 extra years), misconduct in office, and prosecutions based on forensic DNA testing (within 10 years). The period does not run while the accused is fleeing or hiding.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.