Criminal Statutes of Limitations in Indiana

Murder, and Level 1 and Level 2 felonies, may be prosecuted at any time (§ 35-41-4-2(c), (d)). Other felonies (Levels 3 through 6) must be charged within five (5) years after the offense, and misdemeanors within two (2) years (§ 35-41-4-2(a)). Child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor and incest must be charged before the alleged victim reaches thirty-one (31) years of age (§ 35-41-4-2(e)); other sex offenses against a child have a ten (10)-year period, or four (4) years after the child is no longer the accused's dependent, whichever is later (§ 35-41-4-2(m)). DNA evidence can extend the deadline for Level 3, 4 and 5 felonies to one (1) year after the state discovers, or could have discovered, the DNA evidence (§ 35-41-4-2(b)). The time does not run while the accused is not usually and publicly resident in Indiana or hides to avoid service, or conceals evidence of the offense (§ 35-41-4-2(h)).