What Crimes Have No Statute of Limitations in Texas?
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Table of Contents
Murder, capital murder, and manslaughter
The three most serious homicide offenses under Penal Code Chapter 19 have no statute of limitations. Murder (§ 19.02): intentional or knowing causing death of another. First-degree felony. 5-99 years or life. Capital Murder (§ 19.03): intentional/knowing causing death plus statutory aggravator (officer victim, multiple victims, during enumerated felony, victim under 10, etc.). Death or life without parole. Manslaughter (§ 19.04): recklessly causing death. Second-degree felony. 2-20 years. All three can be prosecuted any time evidence supports charges. Texas cold case units in Houston, Dallas, Fort Worth, and Austin actively work historical homicide cases.
Sex crimes — DNA-identified and child victim categories
Multiple sex crimes have no SOL when specific conditions apply. Sexual Assault (§ 22.011) and Aggravated Sexual Assault (§ 22.021) — no SOL when DNA evidence identifies the offender. The DNA exception applies to both adult and child victim cases. Continuous Sexual Abuse of Young Child or Disabled Individual (§ 21.02) — no SOL. The offense requires two or more acts of sexual abuse over 30+ days against victim under 14 (or disabled). Sexual Performance by a Child (§ 43.25) — no SOL. Indecency with a Child (§ 21.11) — no SOL when DNA identifies offender.
Trafficking and exploitation
Human trafficking and child exploitation offenses have extensive no-SOL coverage. Trafficking of Persons — Continuous (§ 20A.03) — no SOL. Continuous trafficking requires 2+ acts over 30+ days. Trafficking of a Child for sexual purposes (§ 20A.02(a)(7)) — no SOL when committed against minor under 14. Compelling Prostitution of a Minor (§ 43.05(a)(2)) — no SOL. These offenses combine the most severe trafficking conduct with the most protected victim categories, producing the broadest SOL elimination in Texas criminal law.
Hit-and-run and attempted murder
Two additional offenses have no SOL. Leaving the Scene of an Accident Causing Death (Transportation Code § 550.021) — no SOL. The offense covers drivers involved in fatal collisions who fail to remain at the scene, render aid, and provide identification. Attempted Murder (Penal Code §§ 15.01 + 19.02) — no SOL under Art. 12.01(1). Attempted murder is one degree lower than murder (second-degree felony, 2-20 years), but shares the same unlimited SOL. The no-SOL provision was added to address cases where the attempt was successful only in the legal sense — e.g., where the victim survived but the defendant's intent to kill was clear.
What "no SOL" means practically
For prosecutors and defendants, "no SOL" has several practical implications. Charges can be filed any time: evidence must support probable cause and beyond-reasonable-doubt at trial, but no time bar prevents filing. Evidence preservation is critical: Texas DPS Crime Lab and county forensic facilities preserve evidence (DNA, fingerprints, physical evidence) indefinitely for no-SOL cases. Witness availability declines over time: the absence of SOL does not eliminate witness memory issues, deceased witnesses, lost records, and other evidentiary challenges. Sentencing applies at time of offense: defendants tried decades later are sentenced under the law as it existed at the time of the offense, not current law. Defense challenges: motions to dismiss for pre-indictment delay can challenge cases where investigative delay prejudiced the defense.
Have a Texas legal question?
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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
Why does murder have no statute of limitations?
Policy reasons include: severity of the offense, public interest in justice for victims, advancing forensic technology that can identify perpetrators decades later, and recognition that murder victims cannot themselves report the crime. All 50 states and the federal government have no SOL on murder.
Are all sex crimes without SOL in Texas?
No — only specific categories: continuous sexual abuse of young child (§ 21.02); sexual performance by child (§ 43.25); trafficking-related child sex crimes; sexual assault/aggravated sexual assault when DNA identifies offender. Other sex offenses have 10 or 20-year SOL.
Can attempted murder really be prosecuted decades later in Texas?
Yes — under CCP Art. 12.01(1)(E), attempted murder has no SOL. This was added relatively recently to address cases where the attempt was unsuccessful only by chance. Practical challenges (witness availability, evidence preservation) still apply.
What's "continuous sexual abuse of young child"?
Penal Code § 21.02 — pattern of two or more acts of sexual abuse against victim under 14 (or disabled) committed over 30+ days. First-degree felony with 25-year mandatory minimum. No statute of limitations applies regardless of when discovered.
Does "no SOL" mean the case can never be dismissed?
No — defendants can still challenge cases through motions to dismiss for pre-indictment delay, suppression motions, prosecutorial misconduct claims, and other procedural mechanisms. The absence of SOL means there is no time bar to charging, but other defenses remain available.
