Texas Criminal Statute of Limitations Explained

If you’ve ever wondered how long the state of Texas can wait to charge someone with a crime, you’re thinking about the statute of limitations. It’s not just a technical term—this law can make or break a case. If you’re facing a criminal investigation, or if you’ve been accused of something that happened a long time ago, knowing how this works could be a game changer.

Whether you’re a defendant, someone wrongfully accused, or just want to understand your rights, this article breaks down what the statute of limitations is, how it works in Texas, and why it matters.

What Is the Statute of Limitations?

The criminal statute of limitations is the law that sets a maximum time or limited period during which the government can file charges after a crime occurs. Once that amount of time has passed, prosecutors generally can’t pursue the case.

It’s like a countdown timer; once it runs out, the criminal offenses can’t legally be charged—even if someone has strong evidence.

Let’s say someone committed theft in 2019, and the time limit for that charge is five years. If the state doesn’t file charges by 2024, they’ve missed their window. In many cases the statute of limitations becomes a complete defense to prosecution.

Why Does It Exist?

The United States legal system recognizes the need for statutory limitations for several important reasons:

1. Evidence Goes Weak Over Time
   Memories fade, witnesses move or forget, and physical evidence may be lost or degraded. It’s hard to hold a fair trial if too much time has passed.
2. It Encourages Timely Action
   It pressures the government to investigate and charge cases quickly while the facts are still fresh.
3. It Protects People from Living in Fear Forever
   Without this law, someone could live for decades under the shadow of an old accusation that never gets resolved.

General Time Limits for Criminal Charges in Texas

The statute of limitations in Texas varies depending on the severity of the crime. Below is a breakdown based on categories outlined in the Texas Code of Criminal Procedure, Chapter 12.

No Limitation Period

Certain severe crimes have no statute of limitations, allowing prosecution at any time:​

• Murder and manslaughter​
• Sexual assault of a child
• Aggravated sexual assault of a child​
• Continuous sexual abuse of a young child or children​
• Indecency with a child​
• Leaving the scene of an accident resulting in death
• Human trafficking involving a minor

20-Year Limitation

For specific offenses involving victims under 17, the limitation period is 20 years from when the crime was committed. Sometimes crimes involving minors give the state more time to act. For example:

• Sexual performance by a child
• Aggravated kidnapping with intent to sexually abuse a minor
• Burglary with the intent to commit sexual assault or indecency with a child

Here, the clock doesn’t even start until the child turns 18 years old. So if the crime happened when the victim was 10, prosecutors have until they turn 38 to file.

10-Year Limitation

These crimes have a 10-year time frame, starting from when the crime happened:

• Sexual assault of an adult
• Theft by a public servant
• Injury to an elderly or disabled person (serious cases)
• Arson
• Forgery

In cases involving DNA evidence, a match can extend the statute of limitations, giving the state even more time to act.

7-Year Limit

Mostly financial and fraud-based criminal offenses fall under this category.

• Money laundering
• Credit card abuse
• Medical fraud
• Identity theft
• Bigamy

These crimes often take time to discover, which is why the state gets a bit more time.

5-Year Limit

Common for many felonies, like:

• Theft
• Robbery
• Burglary
• Kidnapping
• Injury to a child (non-sexual cases)

3-Year Limit

If the law doesn’t specifically say otherwise, then the default limitation for most felony charges is three years.

2-Year Limit

This covers misdemeanors, which are less serious crimes like:

• DWI (first offense)
• Simple assault
• Theft under $2,500
• Public intoxication
• Disorderly conduct

For these, the state must charge within 2 years of the date of the offense, or it’s too late.

Statute of Limitations Exceptions and Considerations

Sometimes, the period of time the state has to file charges can be paused. This is called tolling, and it usually applies in these situations:

• If the suspect leaves the state, the clock can be paused until they return.
• The crime wasn’t discovered right away. In some fraud or abuse cases, the state gets extra time from the date the crime is discovered, not committed.
• If a suspect is identified through DNA years later, this often extends the statute of limitations or removes it altogether.

What Happens If the State Files Charges Too Late?

If the prosecutor files charges after the statute has run out, the criminal defense attorney can file a motion to dismiss. If the judge agrees, the case is thrown out.

But here’s the key point: the court doesn’t do this automatically. You (or your criminal defense lawyer) must bring it up. That’s why it’s so important to track when the alleged crime happened and understand how much time the state had.

Arrested? Don’t Plea, Call Me!

The statute of limitations isn’t just a technicality; it can be the deciding factor between a dismissed case and a courtroom battle. But knowing how these time limits work is only part of the picture. You also need someone who can apply that knowledge to your unique situation, spot any exceptions, and fight for your rights when it matters most.

At Texas Criminal Defense Group, we’ve helped countless clients avoid charges or get cases dismissed based on missed deadlines, lack of evidence, and other legal protections. If you think the statute of limitations might apply to your case or you just need clarity on where you stand. Call us today or request a free consultation. We’ll walk you through your options and see whether the state’s clock has already run out.