Criminal Statutes of Limitations in Kansas
How long prosecutors in Kansas have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: A prosecution may be commenced at any time for crimes including rape, aggravated criminal sodomy, murder, terrorism and illegal use of weapons of mass destruction, and for listed childhood sexual abuse offenses where the victim was under 18. K.S.A. 21-5107(a), (c), (d), (e) (last amended L. 2023, ch. 28, § 2)
| Criminal statutes of limitations | A prosecution may be commenced at any time for crimes including rape, aggravated criminal sodomy, murder, terrorism and illegal use of weapons of mass destruction, and for listed childhood sexual abuse offenses where the victim was under 18. A sexually violent offense must be prosecuted within 10 years (for a victim under 18, 10 years after the victim turns 18), or within one year after DNA testing conclusively establishes the suspect's identity, whichever is later. Otherwise a prosecution "shall be commenced within five years after it is committed," subject to tolling rules; tolling for certain offenses against minors cannot extend past the date the victim turns 28. |
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FAQ
What is the statute of limitations for crimes in Kansas?
A prosecution may be commenced at any time for crimes including rape, aggravated criminal sodomy, murder, terrorism and illegal use of weapons of mass destruction, and for listed childhood sexual abuse offenses where the victim was under 18. A sexually violent offense must be prosecuted within 10 years (for a victim under 18, 10 years after the victim turns 18), or within one year after DNA testing conclusively establishes the suspect's identity, whichever is later. Otherwise a prosecution "shall be commenced within five years after it is committed," subject to tolling rules; tolling for certain offenses against minors cannot extend past the date the victim turns 28.
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.