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Pennsylvania Criminal Statute of Limitations Laws

Pennsylvania’s criminal code limits how long a prosecutor can wait to file criminal charges. These time limits are called criminal statutes of limitation. If the state fails to pursue charges before the statute of limitations period expires, it must dismiss the charges against the would-be defendant.

For serious crimes, there is no time limit. For example, according to Pennsylvania statutes, there is no statute of limitations for the following crimes:

  • Murder
  • Voluntary manslaughter
  • Vehicular homicide
  • Rape of a person under 18
  • Aggravated assault on a member of law enforcement
  • Human trafficking of people under the age of 18
  • Conspiracy to commit murder or solicitation to commit murder (as long as the murder occurs)

The statute of limitations period for lesser offenses can be anywhere from two to 12 years, depending on the specific offense. For example, the deadline for filing misdemeanor charges is two years. The statute of limitations for official misconduct (i.e., a politician or someone in public office) is between five and eight years.

If you’re facing criminal charges, you should familiarize yourself with the Pennsylvania criminal statute of limitations. It’s important to know whether the state prosecutor is pursuing their case against you in a timely fashion.

This article will examine time limits for specific crimes in Pennsylvania for sex crimes, hit-and-run, and other criminal offenses. If you still have questions about your criminal case, contact an experienced Pennsylvania criminal defense attorney.

Criminal Statute of Limitations in Pennsylvania: Summary

The following chart offers a summary of Pennsylvania’s criminal statute of limitations law.

Pennsylvania Statute of Limitations Code Sections

Pennsylvania Statutes Title 42

Pennsylvania Statutes of Limitations for Felonies

  • Under Pennsylvania law, the following statutes of limitations apply to felonies:
    • Murder: No time limit
    • Voluntary manslaughter: No time limit
    • Conspiracy to commit murder: No time limit
    • Solicitation to commit murder and murder results: No time limit
    • Any felony connected with 1st or 2nd-degree murder: No time limit
    • Sex trafficking of minors
    • Vehicular homicide: No time limit
    • Aggravated assault if the defendant knew the victim was a law enforcement officer who was acting within the officer’s duties: No time limit
    • Rape: 12 years
    • Statutory sexual assault: 12 years
    • Incest: 12 years
    • Sexual abuse of children: 12 years
    • Criminal attempt/solicitation/conspiracy to commit murder and no murder results: Five years
    • Aggravated assault: Five years
    • Terroristic threats: Five years
    • Kidnapping: Five years
    • Arson: Five years
    • Burglary: Five years
    • Robbery: Five years
    • Forgery: Five years
    • Insurance fraud: Five years
    • Bribery in official or political matters: Five years
    • Perjury: Five years
    • Intimidation of witnesses or victims: Five years
    • Prostitution: Five years
  • All other felonies have a general statute of limitations of two years

Pennsylvania Statute of Limitations for Misdemeanors

 

  • Two years

 

Crimes in Which a Child Is a Victim

Child abuse or sexual abuse of a child: 12 years (the clock doesn’t start until the child moves out of the abuser’s home)

Acts During Which Statute Does Not Run

  • The defendant is out of state
  • The accused has no definite residence or place of employment within the state
  • There is already a pending criminal case against the accused for the same offense
  • Crimes where a parent or guardian injures a child under the age of 18 (the statute of limitations period doesn’t start until the child is no longer residing in the home)

Other Pennsylvania Statutes of Limitations

  • In cases where the state relies on DNA evidence to prosecute a misdemeanor or felony sexual offense, the prosecutor must pursue charges within the statute of limitations period or within one year of identifying the defendant through DNA, whichever is greater.
  • Any offenses under Title 75 (relating to vehicles): 30 days after the defendant committed the offense or within 30 days of the discovery of the offense.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.

Why Are There Statutes of Limitations?

The general purpose of statutes of limitation is to ensure criminal convictions are based on fresh evidence. Physical evidence, like fingerprints, and testimonial evidence, like memory and eyewitnesses, can deteriorate or be lost. Therefore, time is of the essence in criminal cases.

If authorities fail to discover a criminal within a specified amount of time, the criminal should be free from the possibility of prosecution after that point. The clock stops if the criminal is a fugitive, out of state, or otherwise hiding. Once the criminal reenters the state, the clock restarts.

For more general information on this topic, visit FindLaw’s State Criminal Statute of Limitations section.

Have Questions About Pennsylvania Criminal Statutes of Limitations? Speak With an Attorney

State statutes of limitations for criminal cases vary and can change over time. Criminal charges are a serious matter, and you may find it helpful to consult a Pennsylvania criminal law attorney sooner rather than later. A lawyer will ensure the state doesn’t pursue charges beyond the statute of limitations period. They’ll also review your case and help prepare a solid defense.

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