Statute of Limitations Texas — Complete Crime Reference
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Table of Contents
No limitation — CCP Article 12.01(1)
The following offenses have no statute of limitations in Texas: Murder and Manslaughter (Penal Code §§ 19.02, 19.04); Capital Murder (§ 19.03); Sexual Assault (§ 22.011) when DNA identifies the offender; Aggravated Sexual Assault (§ 22.021) when DNA identifies the offender; Continuous Sexual Abuse of Young Child (§ 21.02); Indecency with a Child (§ 21.11); Sexual Performance by a Child (§ 43.25); Leaving the Scene of an Accident Causing Death (Transportation Code § 550.021); Attempted Murder (§§ 15.01 + 19.02); Trafficking of Persons if continuous (§ 20A.03); and Compelling Prostitution of a Minor (§ 43.05(a)(2)).
20 years from victim's 18th birthday — CCP Article 12.01(5)(B)
Sexual offenses against minors generally have a 20-year SOL beginning when the victim turns 18: Sexual Assault of a Child; Aggravated Sexual Assault of a Child; Continuous Sexual Abuse of Young Child (if not running unlimited under DNA exception); Indecency with a Child; Trafficking of a Child for sexual purposes; Compelling Prostitution of a Minor. This means a victim assaulted at age 5 has until age 38 to support charges (and longer if DNA evidence identifies the perpetrator).
10 years — CCP Article 12.01(3)
10-year SOL: Theft of any estate by executor, administrator, guardian, or trustee; Theft by a public servant of government property; Forgery or the uttering, using, or passing of forged instruments; Injury to elderly or disabled individual under § 22.04(a)(1) (intentionally/knowingly); Sexual assault and aggravated sexual assault not falling under the no-limitation or 20-year provisions; Bigamy; Compelling Prostitution (adult victim).
7 years — CCP Article 12.01(4)
7-year SOL: Money laundering (Penal Code § 34.02); Credit card or debit card abuse where amount exceeds $20,000; Fraudulent securing of document execution; Healthcare fraud; Misapplication of fiduciary property over $20,000. The 7-year period acknowledges that financial offenses often take longer to detect than physical offenses.
5 years and 3 years and 2 years — CCP Articles 12.01(5), 12.01(6), 12.02
5 years (§ 12.01(5)): theft (any amount), robbery, burglary, kidnapping, injury to elderly, abandonment of a child, insurance fraud. 3 years (§ 12.01(6)): all other felonies not specifically listed. 2 years (§ 12.02): all misdemeanors. Note: tolling provisions under § 12.05 can extend these periods (absence from state, related charges pending, defendant's identity not yet known). The "from commission" trigger applies to most offenses; "from discovery" applies to certain fraud and fiduciary offenses.
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Frequently Asked Questions
Does Texas have a statute of limitations on murder?
No — Texas CCP Article 12.01(1) provides no statute of limitations for murder, capital murder, or manslaughter. Charges can be filed any time evidence supports prosecution.
What's the Texas SOL for sexual assault?
No limitation when DNA evidence identifies the offender (Art. 12.01(1)(C)). 20 years from victim's 18th birthday for sex crimes against minors. 10 years for adult sexual assault cases without DNA. The framework was strengthened by 2007 and 2019 legislative amendments.
How long is the Texas SOL for theft?
5 years under Art. 12.01(5) for theft (any amount). Theft by executor/fiduciary/public servant has 10-year SOL under Art. 12.01(3). Theft as part of a continuing course of conduct can extend the limitations period under tolling provisions.
When does the Texas SOL clock start?
Generally at the commission of the offense (Art. 12.04). Exceptions: fraud/embezzlement from discovery; sex crimes against minors from victim's 18th birthday; continuous-conduct offenses from the last act in the series.
Can Texas SOL be tolled or extended?
Yes — under Art. 12.05: tolled during defendant's absence from state; tolled while related charges pending; tolled if defendant's identity is unknown despite reasonable diligence. The DNA exception for sex crimes effectively creates indefinite SOL where evidence preservation allows identification later.