Criminal Statutes of Limitations in New York
How long prosecutors in New York have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: No limit: class A felonies and listed serious sex offenses (such as first-degree rape, aggravated sexual abuse, and first-degree course of sexual conduct against a child) may be commenced at any time. N.Y. Crim. Proc. Law § 30.10
| Criminal statutes of limitations | No limit: class A felonies and listed serious sex offenses (such as first-degree rape, aggravated sexual abuse, and first-degree course of sexual conduct against a child) may be commenced at any time. Second-degree rape, second-degree criminal sexual act and certain second-degree incest: within twenty years, or ten years from the first report to police, whichever is earlier. Third-degree rape and third-degree criminal sexual act: ten years. Other felonies: within five years after the commission thereof. Misdemeanors: within two years. Petty offenses (violations): within one year. For certain sex offenses against a child under 18, the period shall not begin to run until the child has reached the age of twenty-three or the offense is reported, whichever is earlier. Time is excluded while the defendant is continuously outside New York or whereabouts are continuously unknown, but in no event shall the period of limitation be extended by more than five years. Source: N.Y. Crim. Proc. Law § 30.10 |
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FAQ
What is the statute of limitations for crimes in New York?
No limit: class A felonies and listed serious sex offenses (such as first-degree rape, aggravated sexual abuse, and first-degree course of sexual conduct against a child) may be commenced at any time. Second-degree rape, second-degree criminal sexual act and certain second-degree incest: within twenty years, or ten years from the first report to police, whichever is earlier. Third-degree rape and third-degree criminal sexual act: ten years. Other felonies: within five years after the commission thereof. Misdemeanors: within two years. Petty offenses (violations): within one year. For certain sex offenses against a child under 18, the period shall not begin to run until the child has reached the age of twenty-three or the offense is reported, whichever is earlier. Time is excluded while the defendant is continuously outside New York or whereabouts are continuously unknown, but in no event shall the period of limitation be extended by more than five years.
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.