Criminal Statutes of Limitations in Illinois
How long prosecutors in Illinois have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: Unless the statute for the offense says otherwise or the period is extended, prosecution must begin within 3 years for a felony and within one year and 6 months for a misdemeanor. 720 ILCS 5/3-5 (as amended by P.A. 104-245, eff. 1-1-26)
| Criminal statutes of limitations | Unless the statute for the offense says otherwise or the period is extended, prosecution must begin within 3 years for a felony and within one year and 6 months for a misdemeanor. There is no time limit for first degree murder, attempted first degree murder, second degree murder, involuntary manslaughter, reckless homicide, arson, treason, forgery, child sexual abuse material and any offense involving sexual conduct or sexual penetration, among others listed. Theft of property over $100,000, identity theft and financial exploitation of an elderly person or a person with a disability must be charged within 7 years of the last act. |
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FAQ
What is the statute of limitations for crimes in Illinois?
Unless the statute for the offense says otherwise or the period is extended, prosecution must begin within 3 years for a felony and within one year and 6 months for a misdemeanor. There is no time limit for first degree murder, attempted first degree murder, second degree murder, involuntary manslaughter, reckless homicide, arson, treason, forgery, child sexual abuse material and any offense involving sexual conduct or sexual penetration, among others listed. Theft of property over $100,000, identity theft and financial exploitation of an elderly person or a person with a disability must be charged within 7 years of the last act.
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.