Criminal Statutes of Limitations in Pennsylvania
How long prosecutors in Pennsylvania have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: No time limit for murder and voluntary manslaughter; conspiracy or solicitation to commit murder if a murder results; felonies connected with first or second degree murder; certain fatal accident offenses by the driver; 42 Pa.C.S. §§ 5551, 5552, 5554
| Criminal statutes of limitations | No time limit for murder and voluntary manslaughter; conspiracy or solicitation to commit murder if a murder results; felonies connected with first or second degree murder; certain fatal accident offenses by the driver; listed aggravated assaults on a known law enforcement officer; and listed major sexual and trafficking offenses (such as rape, statutory sexual assault and incest) where the victim was under 18. General rule: two years after the offense is committed. Major offenses (including aggravated assault, kidnapping, arson, burglary, robbery, forgery, bribery and perjury): five years. Major sexual offenses against adults (including rape, statutory sexual assault, sexual assault and incest): 12 years. Extensions include fraud or breach of fiduciary obligation (one year after discovery, extension not more than three years); offenses by public officers or employees (while in office or within five years after, extension not more than eight years); listed sexual offenses against minors (until the later of the limitation period after the minor turns 18 or the minor reaching 55 years of age); and DNA identification (within the period or one year after identification, whichever is later). The period does not run while the accused is continuously absent from Pennsylvania or has no reasonably ascertainable place of abode or work in the Commonwealth, or while a prosecution for the same conduct is pending. §§ 5551 and 5552 last amended by Act 87 of 2019 (eff. Nov. 26, 2019). Source: 42 Pa.C.S. §§ 5551, 5552, 5554 |
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FAQ
What is the statute of limitations for crimes in Pennsylvania?
No time limit for murder and voluntary manslaughter; conspiracy or solicitation to commit murder if a murder results; felonies connected with first or second degree murder; certain fatal accident offenses by the driver; listed aggravated assaults on a known law enforcement officer; and listed major sexual and trafficking offenses (such as rape, statutory sexual assault and incest) where the victim was under 18. General rule: two years after the offense is committed. Major offenses (including aggravated assault, kidnapping, arson, burglary, robbery, forgery, bribery and perjury): five years. Major sexual offenses against adults (including rape, statutory sexual assault, sexual assault and incest): 12 years. Extensions include fraud or breach of fiduciary obligation (one year after discovery, extension not more than three years); offenses by public officers or employees (while in office or within five years after, extension not more than eight years); listed sexual offenses against minors (until the later of the limitation period after the minor turns 18 or the minor reaching 55 years of age); and DNA identification (within the period or one year after identification, whichever is later). The period does not run while the accused is continuously absent from Pennsylvania or has no reasonably ascertainable place of abode or work in the Commonwealth, or while a prosecution for the same conduct is pending.
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.