Federal Statute of Limitations: Which Crimes Have No Time Limit?

Yes, most federal crimes have a statute of limitations, but not all of them. The general federal statute of limitations is five years. Some offenses have longer limits, and the most serious crimes, including treason and federal murder, can be charged at any time.

If you are worried about being charged for something that happened years ago, the exact time limit depends on the specific statute involved. To talk through your situation, call Palmer Perlstein at 214-225-3707.

What Is a Statute of Limitations?

A statute of limitations is the deadline for the government to file criminal charges. In federal cases, the clock usually starts when the offense is committed, and charges must be filed by indictment or information before the deadline passes. Once the limitation period expires, the government generally cannot prosecute that offense.

What Is the Federal Statute of Limitations for Most Crimes?

Under 18 U.S.C. Section 3282, the general statute of limitations for federal crimes is five years. This applies to any non-capital federal offense unless another law sets a different limit. Many common federal charges, including most drug trafficking, firearms, mail fraud, and wire fraud cases, fall under this five-year rule.

Which Federal Crimes Have Longer Statutes of Limitations?

Congress has set longer time limits for certain offenses:

Tax crimes: Most tax offenses have a 3-year limit, but tax evasion, filing false returns, and willful failure to file or pay generally have a 6-year limit under 26 U.S.C. Section 6531.
Securities fraud: 6 years under 18 U.S.C. Section 3301.
Terrorism offenses: 8 years for certain non-capital terrorism offenses under 18 U.S.C. Section 3286(a).
Financial institution offenses: 10 years for bank fraud and certain other crimes affecting financial institutions, including wire or mail fraud that affects a financial institution, under 18 U.S.C. Section 3293.
Immigration document offenses: 10 years for certain crimes involving nationality, citizenship, and passports under 18 U.S.C. Section 3291.
Arson: 10 years for certain federal arson offenses under 18 U.S.C. Section 3295.
Human trafficking: 10 years for certain trafficking-related offenses under 18 U.S.C. Section 3298.
Theft of major artwork: 20 years under 18 U.S.C. Section 3294.
Offenses against children: For crimes involving sexual or physical abuse or kidnapping of a child under 18, charges can be brought during the life of the child or within 10 years, whichever is longer, under 18 U.S.C. Section 3283.

What Federal Crimes Have No Statute of Limitations?

Some federal crimes can be charged at any time:

Capital offenses: Under 18 U.S.C. Section 3281, any offense punishable by death has no statute of limitations. This includes certain federal murders, such as the murder of a federal officer, and certain espionage offenses.
Child abduction and sex offenses: Under 18 U.S.C. Section 3299, there is no time limit for federal kidnapping of a minor, certain federal sexual abuse offenses, sex trafficking of children, and other listed offenses.
Terrorism resulting in death or serious injury: Under 18 U.S.C. Section 3286(b), certain terrorism offenses can be charged at any time if they resulted in, or created a foreseeable risk of, death or serious bodily injury.

Is There a Statute of Limitations on Treason?

No. Treason is punishable by death under 18 U.S.C. Section 2381, which makes it a capital offense. Because capital offenses have no statute of limitations under Section 3281, treason can be prosecuted at any time.

Can the Federal Statute of Limitations Be Paused or Extended?

Yes. In some situations, the clock stops running or the government gets more time:

Fugitives: The limitation period does not protect a person who is fleeing from justice.
Foreign evidence: A court can suspend the limitation period while the government seeks evidence from another country.
DNA evidence: For certain felonies, DNA evidence that identifies a suspect can restart the time to file charges.
Dismissed indictments: If an indictment is dismissed after the deadline, the government may have a short window to bring new charges.
Conspiracies and continuing offenses: For crimes that continue over time, such as many conspiracies, the clock often does not start until the last act in the scheme.

Whether one of these exceptions applies is often a key issue in older cases, and it can be a strong defense if prosecutors waited too long.

Are State and Federal Statutes of Limitations the Same?

No. Each state sets its own limits. In Texas, for example, there is no statute of limitations for murder, manslaughter, and certain sexual offenses against children under Chapter 12 of the Texas Code of Criminal Procedure. Most other Texas felonies have a 3-year limit unless the law sets a different one, and most misdemeanors have a 2-year limit.

Because some conduct can be charged as both a state and federal crime, a case that is too old for one system may still be filed in the other. Learn more about what makes something a federal crime.

Talk to Palmer Perlstein About a Federal Charge

If you have been indicted, received a target letter, or believe you are under federal investigation, a lawyer can review whether the charges were filed in time and what defenses may apply. Learn more about how we handle federal crimes cases in Dallas.

To discuss a federal investigation or charge, contact us for a consultation or call 214-225-3707.