Statute of Limitations by State — Complete Reference
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Murder SOL — universal
All 50 states and the federal government have no statute of limitations for murder (intentional/premeditated killing) and most capital offenses. This is universal — no exceptions. Most states extend "no SOL" to manslaughter, certain felony murder offenses, and offenses punishable by death or life without parole. Texas CCP Art. 12.01(1) — no SOL for murder, manslaughter, capital murder. California Penal Code § 799 — no SOL for offenses punishable by death or life without parole. Federal: no SOL for capital offenses.
Sexual assault SOL — major state-by-state variation
No SOL (any case): Alabama, Colorado, Delaware, Georgia, Kansas, Kentucky, Maryland, Michigan, Mississippi, Nebraska, New Mexico, North Carolina, Pennsylvania (post-1990 births), Rhode Island, South Carolina, Virginia, West Virginia, Wisconsin, Wyoming. No SOL with DNA: Texas, California, Illinois, Massachusetts, Ohio. 10+ years: Texas (without DNA), California (pre-2017), Florida (some categories). 5-10 years: Connecticut, Maine, New Hampshire, New Jersey. 5 years or less: Arkansas, Hawaii. The general trend over 40 years has been toward longer or no SOL for sexual offenses.
General felony SOL — typical ranges by state
Most states' general felony SOL fall in the 3-7 year range. 3 years: California (felonies under 8 years), Florida (second/third-degree), Maryland (most), most generic state misdemeanors. 4-5 years: Most state-jail and lower felonies in Texas (Art. 12.01(5), (6)); New York felonies (Penal Law § 30.10). 5-7 years: Federal non-capital offenses (18 U.S.C. § 3282 — 5 years default); various state second/first-degree felonies. 10+ years: Texas Art. 12.01(3) for theft by fiduciary, forgery, injury to elderly; California § 800 for 8+ year felonies (6 years base). State-by-state variation requires checking specific state criminal code.
Misdemeanor SOL — 1 to 2 years typical
Most state misdemeanor SOL fall between 1 and 2 years. 1 year: California (most misdemeanors under § 802), Florida (second-degree misdemeanors under § 775.15), Ohio (most). 1-2 years: Florida (first-degree misdemeanors — 2 years), most state second-degree misdemeanors. 2 years: Texas (all misdemeanors under CCP Art. 12.02), New York misdemeanors, most general state misdemeanors. 3 years: rare; usually for specific misdemeanors (insurance fraud, certain tax misdemeanors). Misdemeanor SOL is the shortest tier in nearly every state because the offenses are typically detected immediately.
Civil SOL — major variations
Civil SOL varies more widely than criminal SOL across states. Personal injury (negligence): 1 year (KY, LA, TN), 2 years (TX, CA, MD, IL, NJ, OH, GA), 3 years (NY, AR, WA), 4 years (FL, NE, NY for personal property), 5-6 years (MN, ME, MO, AL). Contract claims: 3 years (most), 4 years (TX, CA), 5-6 years (most). Fraud: 3-6 years from discovery. Defamation: 1 year (TX, OH, MO, most states), 2 years (CT, IL). Medical malpractice: 2-3 years (most), with various tolling for delayed discovery. State-by-state checking is essential for civil claims.
Have a Texas legal question?
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Frequently Asked Questions
Which state has the shortest criminal SOL?
Misdemeanor SOL of 1 year exists in California, Florida (second-degree), Ohio, and most states. For felonies, no state has a SOL shorter than 3 years for general felony offenses. Murder has no SOL in any state.
Which state has the longest sexual assault SOL?
Multiple states have eliminated SOL entirely (Alabama, Colorado, Maryland, Michigan, North Carolina, Pennsylvania for post-1990 births, etc.). For child victims, multiple states extend SOL to victim age 40-55 or eliminate it entirely. The "longest" depends on the case category — DNA-identified, child victim, or adult victim.
Has any state eliminated all civil SOL?
No state has eliminated all civil SOL. Even in states with extensive sexual assault SOL reforms, civil claims for personal injury, contract, fraud, defamation, and similar matters retain limitations periods. Specific revival legislation (e.g., NY Child Victims Act) creates narrow windows for previously time-barred claims.
How does federal SOL compare to state SOL?
Federal default criminal SOL is 5 years (18 U.S.C. § 3282) — generally longer than state misdemeanor SOL but shorter than state felony SOL for serious offenses. Federal capital offenses have no SOL. Federal tax SOL (3 years assessment, 10 years collection) is governed by separate statutes.
Where can I find my state's specific SOL?
State criminal code (e.g., Texas CCP Art. 12.01, California Penal Code §§ 799-805) and state civil code (e.g., Texas CPRC Chapter 16, California CCP §§ 335-349.5). State court websites and legal aid resources provide jurisdiction-specific references. RAINN provides specific state-by-state SOL for sex crimes.
References & Statutes
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