Statute of Limitations NY — Civil and Criminal Reference
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New York criminal SOL — Penal Law § 30.10
NY Penal Law § 30.10 sets the criminal SOL framework. No SOL: Class A felony (murder, kidnapping in first degree, arson in first degree, etc.); certain sex crimes against minors under the Child Victims Act. 5 years: Class B, C, D, E felonies default. 2 years: Class A misdemeanor. 1 year: Class B misdemeanor, violation. Extended periods apply to specific offenses including securities fraud, public corruption, and child victim cases.
Child Victims Act — 28 years from 18th birthday
The 2019 Child Victims Act (Penal Law § 30.10 amendments) extended NY criminal SOL for child sex offenses to 28 years from the victim's 18th birthday — meaning child victims have until age 46 to support criminal charges. The Act also created a 1-year revival window for civil claims previously time-barred (later extended). The Act represented one of the most significant SOL expansions in U.S. history. New York followed similar expansions in California (2020), Pennsylvania (2025), and other states.
New York civil SOL — CPLR Article 2
New York civil SOL is governed by CPLR Article 2. Personal injury: 3 years (CPLR § 214). Medical malpractice: 2.5 years (CPLR § 214-a). Contract claims: 6 years (CPLR § 213). Fraud: 6 years or 2 years from discovery, whichever is later (CPLR § 213(8)). Defamation: 1 year (CPLR § 215). Wrongful death: 2 years from death (EPTL § 5-4.1). New York generally has longer civil SOL than Texas in most categories — particularly contract claims (6 years vs. Texas 4 years).
Tolling provisions in New York
NY CPLR § 207 and § 210 provide tolling. Infancy/minority: SOL tolled during minority for most claims. Mental incompetency: tolled during legal incompetency. Absence from state: tolled when defendant is continuously absent from NY for 4+ months. Defendant's death: SOL extends 1 year beyond defendant's death for service. The Child Victims Act's extended SOL combined with tolling provisions produces some of the longest effective filing windows in U.S. law for child sex abuse cases.
Texas comparison — similar framework, different specifics
Texas and NY both use offense-specific SOL frameworks with no-SOL murder provisions. Differences: Child sex crimes — NY: 28 years from 18th birthday + revival window; Texas: 20 years from 18th birthday + no SOL with DNA, no revival window. General felony — NY: 5 years; Texas: 3 years (most felonies under Art. 12.01(6)). Defamation civil — both 1 year. Contract civil — NY 6 years; Texas 4 years. Personal injury civil — NY 3 years; Texas 2 years. New York generally provides longer SOL across civil and certain criminal categories than Texas.
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Frequently Asked Questions
Does New York have a statute of limitations on murder?
No — Class A felonies including murder, kidnapping in first degree, and arson in first degree have no SOL under Penal Law § 30.10. Charges can be filed any time evidence supports prosecution.
What's NY's SOL for child sexual abuse?
28 years from the victim's 18th birthday under the 2019 Child Victims Act — meaning child victims have until age 46 to support criminal charges. The Act also created a civil revival window for previously time-barred claims.
How long is NY's general felony SOL?
5 years for most Class B, C, D, E felonies under Penal Law § 30.10. Specific offenses may have different SOL — securities fraud, public corruption, and child victim cases have extended periods.
What's NY's civil SOL for personal injury?
3 years under CPLR § 214 — longer than Texas's 2-year SOL for the same claims. Medical malpractice is shorter at 2.5 years under CPLR § 214-a.
How does NY SOL compare with Texas SOL?
NY generally has longer SOL across both criminal and civil categories. NY child sex crime SOL (28 years from 18th birthday) exceeds Texas (20 years). NY personal injury SOL (3 years) exceeds Texas (2 years). NY contract SOL (6 years) exceeds Texas (4 years). Both states have no SOL for murder.
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