How Long Is the Statute of Limitations? Reference Chart
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Table of Contents
Criminal SOL — quick reference
Murder / capital offenses: No SOL in any state. Most sex crimes: No SOL with DNA or child victim; 5-40+ years otherwise. Major felonies (rape, robbery, kidnapping): 5-10 years state-by-state. Theft, burglary, lesser felonies: 3-5 years typical (5 years in Texas under CCP Art. 12.01(5)). Fraud, embezzlement: 3-7 years from discovery. Misdemeanors: 1-2 years (2 years in Texas under CCP Art. 12.02). Federal default: 5 years under 18 U.S.C. § 3282 unless extended by specific statute.
Civil SOL — quick reference
Personal injury (negligence): 1-6 years state-by-state (2 years in Texas under CPRC § 16.003). Medical malpractice: 1-3 years from injury or discovery (2 years in Texas under CPRC § 74.251 with 10-year repose). Contract claims: 3-6 years (4 years in Texas under CPRC § 16.004). Fraud: 3-6 years from discovery (4 years in Texas). Defamation: 1-2 years (1 year in Texas under CPRC § 16.002). Wrongful death: 2-3 years from death (2 years in Texas under CPRC § 16.003(b)). Childhood sex abuse civil: 30 years from 18th birthday in Texas (CPRC § 16.0045) — among the longest in U.S.
Tax SOL — federal and Texas
IRS assessment: 3 years from filing (default); 6 years for substantial omission (25%+); unlimited for fraud or non-filing (26 U.S.C. § 6501). IRS collection: 10 years from assessment (§ 6502). Texas Comptroller assessment: 4 years from report period (Tax Code § 111.201); 8 years for substantial understatement; unlimited for fraud. Texas Comptroller collection: 10 years from assessment; 7-year property tax lien expiration. Multiple tolling events extend collection SOL — bankruptcy, offers in compromise, installment agreements, CDP hearings.
Debt collection SOL — Texas and other states
Debt collection SOL varies by debt type and state. Written contract: 4-6 years (Texas: 4 years under CPRC § 16.004). Oral contract: 2-5 years (Texas: 4 years). Credit card debt: typically treated as open account or written contract (Texas: 4 years). Promissory note: 4-6 years. Judgment debt: 10-20 years with renewal options (Texas: 10 years under CPRC § 16.066, renewable). After SOL expires, creditors generally cannot sue successfully — but acknowledgment or partial payment can restart the clock.
Tolling — events that pause the clock
Multiple events can toll (pause) SOL across both criminal and civil contexts. Defendant's absence from jurisdiction: tolls clock in most states. Minor or incapacitated plaintiff: tolls civil SOL in most states. Fraudulent concealment: tolls SOL until concealment ends. Continuous course of conduct: SOL runs from last act in series rather than first. Related proceedings pending: tolls during pendency in some contexts. Bankruptcy: tolls collection actions during automatic stay. Each state has specific tolling statutes — Texas tolling provisions are in CPRC §§ 16.061-16.072 and CCP Art. 12.05.
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
How long is the typical statute of limitations?
Depends on claim/offense type. Misdemeanors: 1-2 years. Most felonies: 3-7 years. Murder: no SOL. Personal injury civil: 2-3 years (2 in Texas). Contract civil: 4-6 years (4 in Texas). Defamation: 1-2 years (1 in Texas).
Which crimes have no statute of limitations?
Murder, capital murder, and manslaughter in all states. Continuous sexual abuse of young child in Texas. DNA-identified sexual assault in many states. Federal offenses with no SOL include treason, capital offenses, and certain child exploitation crimes.
When does the SOL clock start?
Generally at commission of the offense or accrual of the claim. Exceptions: discovery rule for fraud/medical malpractice; continuous conduct from last act; sex crimes against minors from 18th birthday in many states. Different rules apply to civil vs. criminal cases.
Can a SOL be extended after it has expired?
Generally no — expired SOL creates a substantive defense that bars prosecution or claim. Exceptions: revival legislation (e.g., NY Child Victims Act windows); tolling events that occurred during the original SOL period; voluntary waiver of SOL defense by defendant.
What happens if the SOL has run on my claim?
The defendant has a statutory bar that defeats your claim. The court will dismiss on motion by the defendant. SOL is an affirmative defense — defendant must raise it. If defendant fails to raise SOL defense, the claim can proceed despite expiration.
