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Pennsylvania Criminal Statute of Limitations Laws
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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 |
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Pennsylvania Statutes of Limitations for Felonies |
|
Pennsylvania Statute of Limitations for Misdemeanors |
|
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 |
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Other Pennsylvania Statutes of Limitations |
|
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.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Pennsylvania attorneys offer free consultations.
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