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Texas Criminal Statute of Limitations Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Every state has statutes of limitations that restrict the time a person or entity has to file legal action. There are both civil and criminal statutes of limitations. The criminal statute of limitations establishes time limits on how long the prosecutor can wait to file formal criminal charges against a suspect.

These time limits serve two main purposes. First, they ensure that the courts handle criminal cases more efficiently and urgently. Second, they help preserve the integrity of evidence, including eyewitness testimony that may become unreliable with time.

There are different statutes of limitations for different crimes. The more serious the alleged offense, the longer the limitations period. As you can imagine, felony offenses have a much longer statute of limitations than misdemeanors and petty crimes.

In Texas, as in other states, serious felonies such as murder and certain sexual assaults are not bound by any statute of limitations.

Here, we’ll explain how the criminal statutes of limitations work in Texas and discuss the statute of limitations period for specific crimes, such as aggravated kidnapping and DWI.

If you’re facing criminal charges in Texas, contact an experienced criminal defense lawyer.

Texas Criminal Statute of Limitations Laws at a Glance

The table below summarizes Texas law and the Texas criminal statutes of limitations. At the end of this article, we’ll also provide links to helpful FindLaw resources.

Texas penal code and relevant statutes

Texas Code of Criminal Procedure Art. 12.01, et seq.
Felonies

Felonies

There is no statute of limitations for the following criminal offenses:

  • Murder
  • Manslaughter
  • Certain sexual offenses (including sexual assault of a child)
  • Leaving the scene of an accident where someone dies
  • Compelling prostitution to someone under 18 or a disabled person
  • Human trafficking
  • Continuous trafficking of persons

Felonies with 10-Year Statute of Limitations

  • Thefts involving fiduciaries or public officials
  • Forgery/use of forged instruments
  • Injury to an elderly or disabled person
  • Arson
  • Compelling prostitution (generally)

Other Felony Charges

  • Misapplication of fiduciary property or property of a financial institution: 7 years
  • Money laundering: Seven years
  • Certain tax crimes: Seven years
  • Fraud: Seven years
  • Identity theft: Seven years
  • Credit card/debit card abuse: Seven years
  • Exploitation of a child or older adult: Seven years
  • Bigamy: Seven years
  • Other theft, burglary, and robbery offenses: Five years
  • Insurance fraud: Five years
  • Abandoning or endangering a child: Five years
  • All other felonies not explicitly referenced in the Texas Penal Code: Three years.

For many of the above crimes, if the victim is under 18 at the time of the crime, the court typically issues a tolling of the statute of limitations from 10 years after the victim’s 18th birthday or 20 years, whichever is sooner.
Misdemeanors

The statute of limitations is two years from the date of the crime.
Crimes against children
  • Sexual abuse of young children: No time limit
  • Indecency with a child: None
  • Compelling prostitution of a minor: No time limit
  • Exploitation of a child: Seven years
  • Abandoning or endangering a child: Five years
Acts during which statute does not run

The statute of limitations does not run when the accused is out of state or while a felony indictment, information, or complaint is pending.
Other
  • The limitation period for aggravated (in most cases) and attempted crimes is the same as that of the underlying crimes. 
  • The limitation period for conspiracy or organized crime is equal to the limitation period for the most serious underlying offense.
  • The time limit for criminal solicitation is the same as that of the crime.
  • See Texas Code of Criminal Procedure Art. 12.03

Disclaimer: State laws are constantly changing. Contact a Texas criminal defense attorney or conduct legal research to verify your state laws.

Learn More About Texas Criminal Statute of Limitations Laws from a Lawyer

Criminal charges often result in prison terms, fines, or probation. An experienced criminal defense attorney can increase your chances of an acquittal or favorable plea bargain.

If you have questions about your criminal charges, consult a criminal defense attorney in Texas.

Texas Criminal Statute of Limitations Laws: Related Resources

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