Statute of Limitations on Sexual Assault — State Guide
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Table of Contents
States with no SOL on sexual assault (any time)
The following states have eliminated SOL entirely for at least some sexual assault categories: Alabama, Alaska, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Maryland, Michigan, Mississippi, Nebraska, New Mexico, North Carolina, Pennsylvania, Rhode Island, South Carolina, Virginia, West Virginia, Wisconsin, Wyoming, and parts of Texas (DNA cases and child victims). The specific scope varies — some apply only to forcible rape or first-degree sexual assault; others extend to all sexual offenses. The trend over the last 10 years has been toward elimination of all SOL on sex crimes.
States with extended SOL based on DNA identification
Many states maintain ordinary SOL periods but eliminate them when DNA evidence identifies the offender. Texas under CCP Art. 12.01(1)(C): no SOL for sexual assault and aggravated sexual assault when DNA identifies the offender. California under Penal Code § 803(g): for sex offenses committed against minors, no SOL when DNA identifies the offender. Similar provisions exist in Illinois, Massachusetts, Ohio, and others. The DNA exception reflects two realities: (1) sex crime evidence (semen, hair, skin cells) is often preserved indefinitely in evidence storage; (2) CODIS database matches can identify suspects years or decades after the offense.
States with extended SOL for child victims
Most states now have either no SOL or extended SOL when the victim was a minor. Texas: 20 years from the victim's 18th birthday for most sex crimes against children (Art. 12.01(5)(B)). New York: 28 years from victim's 18th birthday (Penal Law § 30.10 + Child Victims Act 2019). California: until victim turns 40 for offenses before 2017; no SOL for offenses on or after 1/1/2017. Pennsylvania: 12 years from victim's 18th birthday for victims born before 1990; no SOL for victims born 1990 or later. Florida: no SOL for sexual battery if victim was under 16. The trend has accelerated since the post-2017 #MeToo era, with multiple states "window legislation" reviving previously time-barred claims.
Texas sexual assault SOL — comprehensive
Texas distinguishes between adult and child victims, and between DNA-identified and non-DNA cases. Adult victim, DNA identifies offender: no SOL (Art. 12.01(1)(C)). Adult victim, no DNA evidence: 10 years from offense (Art. 12.01(3)). Child victim, DNA identifies offender: no SOL. Child victim, no DNA: 20 years from victim's 18th birthday (Art. 12.01(5)(B)). Continuous sexual abuse of young child (§ 21.02): no SOL. Indecency with child: 20 years from 18th birthday. Trafficking of child for sex: no SOL. The Texas framework is among the strongest in the U.S. for sexual assault victims seeking late-discovered prosecution.
Why SOL elimination on sex crimes happened
Three trends converged to drive elimination. First: forensic science — DNA databases (CODIS established 1994), expanded forensic evidence preservation, and improved testing made historical-case prosecution feasible. Second: trauma research — clinical literature established that sexual assault victims commonly delay reporting due to trauma, shame, fear of retaliation, family pressure, and inability to identify or locate the perpetrator. Third: high-profile cases — Catholic Church sexual abuse litigation (early 2000s), Larry Nassar prosecutions (2017+), Jeffrey Epstein investigations (2019+), and Bill Cosby cases focused public and legislative attention on the inadequacy of short SOL periods. The result: nearly every state has expanded SOL or eliminated it for sex crimes in some form since 2005.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
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Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Is there a statute of limitations on sexual assault in Texas?
Generally no for cases where DNA identifies the offender (Art. 12.01(1)(C)). For non-DNA adult cases: 10 years. For child victims: 20 years from victim's 18th birthday, or no SOL if DNA identifies the offender or if continuous sexual abuse charge applies.
Can sexual assault be prosecuted decades later?
Yes — particularly when DNA evidence is preserved and identifies the offender. Multiple Texas cases have been prosecuted 40+ years after the offense based on CODIS matches. Cold case units in Houston, Dallas, and Travis County actively work historical cases.
What's the "DNA exception" to sexual assault SOL?
A statutory provision in many states (including Texas, California, Illinois, Massachusetts) that eliminates or extends SOL when DNA evidence identifies the suspect. The exception acknowledges that evidence preservation and database matching can identify perpetrators long after the original offense.
How long does Texas preserve sexual assault evidence?
Under Code of Criminal Procedure Article 38.43, sexual assault kits (SAKs) must be preserved by law enforcement and laboratories until the SOL expires for the offense — and effectively indefinitely for offenses with no SOL. The 2011 Texas Lavinia Masters Act mandated SAK testing within 90 days of receipt.
Has Texas extended sexual assault SOL retroactively?
Partially — the 2019 HB 8 amendments eliminated SOL prospectively for many cases and clarified the DNA exception. Retroactive application is limited by ex post facto principles — extending SOL after it has already run cannot revive expired claims under the Texas Constitution.
