In the criminal justice system, statutes of limitations set the amount of time the government has to prosecute people. If the government doesn’t file charges within the designated time period, the defendant can hold up the statute of limitations as a complete defense and ask the court to toss out the charges.
What Are Criminal Statutes of Limitations?
Criminal statutes of limitations are designed to protect defendants by not allowing prosecutors to delay in bringing criminal charges. Among the rationales for setting prosecution time limits are that:
- it’s harder to defend oneself when a lot of time has passed (memories fade, evidence is lost), and
- it’s not fair to punish someone for behavior that happened a long time ago.
Limitation periods are usually longer for felonies than for misdemeanors. In many states, some crimes—most notably, murder—don’t have statutes of limitations. In other words, the government can charge someone with the offense no matter how long ago it allegedly happened.
When Do Criminal Statutes of Limitations Start to Run?
The limitations period typically starts to “run” the moment the alleged crime is complete. So, if the period for criminal assault is two years, the prosecution would have two years from the date the defendant attacked the victim to file charges. In the case of theft or fraud, many states don’t start the clock until the offense is or should have been discovered. Pennsylvania follows these typical rules, as well as the following.
Special Rules for Continuing Offenses
Determining the starting point for the limitations period can be trickier for crimes that span days, weeks, or longer. But the same general rule tends to apply—that is, the clock starts ticking once the crime has actually ended. Courts have held, for example, that a conspiracy ends for statute-of-limitations purposes at the point that the last “overt act” was committed. Other examples of “continuing offenses” often include fraud schemes, child abuse, or exploitation of a vulnerable adult.
Special Rules When DNA Evidence Exists
If DNA is available in a felony case or misdemeanor sex offense case, the law gives Pennsylvania prosecutors one year after identifying the defendant to begin the case.
Special Rules When a Crime Involves a Young Victim
Especially in sexual assault or abuse cases, many young victims are afraid to report what happened to them. For this reason, Pennsylvania—along with many other states—provides longer statutes of limitations for child victims to allow them extra time to report the offense.
Starting and Stopping (Tolling) the Clock
Once the time expires on the statute of limitations, a potential defendant is in the clear (charges filed after that time can be dismissed). But some events “toll”—or pause—statutes of limitations, giving the prosecution more time. For example, if the statute of limitations for a crime is five years and the suspect goes into hiding for a year, the law typically pauses the clock and the prosecution may well have six years from the date of the crime to prosecute.
Criminal Statutes of Limitations in Pennsylvania
In Pennsylvania, the general (or default) statute of limitations is two years after a crime is committed. But for a long list of "major offenses," prosecutors have five years. You can find the list of major offenses by clicking here and searching for title 42, section 5552.
Below you’ll find statutes of limitations for specific crimes in Pennsylvania. Keep in mind that the following is a partial list and provides only the basic limitations period. It doesn’t account for all the nuances that could be present in a particular case, such as tolling, continuing offenses, and other considerations. A knowledgeable lawyer can explain the precise rules, along with how they apply to you.
Murder and Manslaughter
- Murder: no time limit
- Voluntary manslaughter: no time limit
- Involuntary manslaughter: 2 years
Rape and Sexual Assault
- Child rape or sexual assault: no time limit
- Rape and sexual assault: 12 years (may be longer if the victim was 23 or younger)
- Child sex abuse: 12 years (may be longer)
Arson, Kidnapping, and Robbery
- Arson: 5 years
- Kidnapping: 5 years
- False imprisonment: 2 years
- Robbery: 5 years
Assault and Disorderly Conduct
- Aggravated assault of a police officer: no time limit
- Aggravated assault: 5 years
- Assault: 2 years
- Disorderly conduct: 2 years
Theft and Related Crimes
- Theft: 5 years
- Receiving stolen property: 5 years
- Forgery: 5 years
- Burglary: 5 years
Drug and Public Welfare Offenses
- Most drug crimes: 5 years
- Public welfare crimes: 5 years
(42 Pa. Cons. Stat. Ann. §§ 5551 to 5554 (2026).)
Getting Legal Help
Statutes of limitations can get knotty. Sometimes there’s a general limitations period for a general type of crime (like assault), but a more specific period for a crime within that set (aggravated assault of a police officer). Or the statute of limitations could expire for one crime but leave the defendant open to prosecution for another—or for prosecution in an entirely different jurisdiction. Not only that, but other timing issues can come into play in criminal cases—for instance, the right to a speedy trial.
Make sure to consult an experienced criminal defense attorney if you want to know about any timing issues that apply to your situation, including how to raise the statute of limitations defense.