Criminal Statutes of Limitations in Wisconsin
How long prosecutors in Wisconsin have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: General rule: felonies must be prosecuted within 6 years after commission; misdemeanors (and adultery) within 3 years. Wis. Stat. § 939.74
| Criminal statutes of limitations | General rule: felonies must be prosecuted within 6 years after commission; misdemeanors (and adultery) within 3 years. No limitation (prosecution may be commenced at any time): first-degree intentional homicide, first-degree reckless homicide, felony murder, second-degree intentional homicide, first-degree sexual assault, first-degree sexual assault of a child, certain repeated sexual assault of the same child, and attempts at listed offenses. Other periods: second-degree reckless homicide, 15 years; second-degree sexual assault, 20 years; third-degree sexual assault and human trafficking, 10 years; many child sex offenses must be prosecuted before the victim reaches age 45 (others before age 26). DNA-match extensions apply, and time is excluded while the person is not publicly a resident of Wisconsin. Source: Wis. Stat. § 939.74 |
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FAQ
What is the statute of limitations for crimes in Wisconsin?
General rule: felonies must be prosecuted within 6 years after commission; misdemeanors (and adultery) within 3 years. No limitation (prosecution may be commenced at any time): first-degree intentional homicide, first-degree reckless homicide, felony murder, second-degree intentional homicide, first-degree sexual assault, first-degree sexual assault of a child, certain repeated sexual assault of the same child, and attempts at listed offenses. Other periods: second-degree reckless homicide, 15 years; second-degree sexual assault, 20 years; third-degree sexual assault and human trafficking, 10 years; many child sex offenses must be prosecuted before the victim reaches age 45 (others before age 26). DNA-match extensions apply, and time is excluded while the person is not publicly a resident of Wisconsin.
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.