Texas Statute of Limitations for Criminal Charges
Every criminal charge has a deadline for filing. In Texas, that deadline is called the statute of limitations. Once the deadline passes, the State cannot prosecute the offense unless tolling applies. These limits exist in all 50 states across the United States, but the exact rules vary depending on the crime, the victim, and the jurisdiction.
This article explains how the Texas statute of limitations works, which crimes have strict deadlines, which crimes have no limitation period, and how these rules affect real cases in Houston and Harris County.
What the Statute of Limitations Means
A statute of limitations is the time limit prosecutors have to file formal criminal charges. Once the time period expires, the government loses the right to bring the case to court. This principle applies across civil and criminal law. For example, in personal injury lawsuits, there is also a filing deadline that protects defendants from claims after too much time has passed.
In criminal law, these deadlines ensure that criminal cases are tried when evidence is still reliable. Witness memories fade. Records get lost. By enforcing a deadline, the law balances fairness for defendants with the State’s interest in prosecution.
Where to Find the Rules
In Texas, the rules appear in Texas Code of Criminal Procedure Chapter 12. Lawyers and judges rely on this statute to determine the exact limitations period for each type of charge.
When the Clock Starts
The limitations period usually starts on the date the alleged crime occurred. For example:
- A burglary committed on June 1, 2020, with a 5-year statute, gives the State until June 1, 2025, to file charges.
- A misdemeanor DWI committed on July 10, 2021, must be filed by July 10, 2023.
There are exceptions:
- Discovery-based starts: Some crimes, like identity fraud by a medical professional, start when the offense is discovered.
- Child-victim cases: The clock often starts on the child’s 18th birthday instead of the date of the offense. This is sometimes called the child-victim clock.
Tolling: How the Clock Pauses
“Tolling” means pausing the limitations clock. Texas law recognizes several tolling events:
- Leaving Texas: Time spent outside Texas does not count toward the statute.
- Pending charges: Once the State files an indictment, information, or complaint, the clock stops while the case is pending.
- Dismissals and refiles: If charges are dismissed and later refiled, the court reviews how much time was left when the dismissal occurred.
Houston example: If someone from The Heights moves to Louisiana for 2 years, the statute pauses during their absence.
Why Statutes of Limitations Exist
Statutes of limitations protect fairness. As years pass, criminal cases become harder to prove fairly. Evidence degrades. Witnesses forget. The State must act within a clear time limit.
This principle is not unique to Texas. Across the United States, statutes of limitations vary depending on the offense. In civil law, personal injury cases might allow 2 years. In criminal law, minor charges may allow only 2 or 3 years, while serious crimes such as sexual abuse or murder may have no limit.
Some states give prosecutors 15 years or 25 years for certain felonies. Texas, however, often extends deadlines further for crimes committed against children or serious felonies, or removes the time limit altogether.
The Big Picture: Time Limits by Offense Level
- Misdemeanors: 2 years from the offense date.
- General felonies: 3 years unless listed separately.
- Specific felonies: Many have 5-year, 7-year, or 10-year deadlines.
- No limitation offenses: Some crimes, like murder, have no time restriction.
Quick Reference Table: Texas Criminal Statute of Limitations
| Offense Category | Limitations Period | Examples / Notes |
|---|---|---|
| Misdemeanors | 2 years from offense date | Most Class A, B, and C offenses (e.g., first-offense DWI); Texas Code of Criminal Procedure Chapter 12 |
| All other felonies (not listed) | 3 years | Default felony rule under Article 12; confirm exact statute section |
| 5-year felonies | 5 years | Theft, robbery, burglary (general), kidnapping (general), injury to elderly/disabled (non–first-degree), abandoning or endangering a child, insurance fraud |
| 7-year felonies | 7 years | Money laundering, credit/debit card abuse, identity theft, Medicaid fraud, misapplication of fiduciary property, bigamy (general), select tax offenses |
| 10-year felonies | 10 years | Theft by fiduciary, theft of government property by public servant, forgery/uttering, arson, sexual assault (adult cases not in “no limitation”), trafficking, compelling prostitution, injury to elderly/disabled (first-degree) |
| Child-victim clock (10 years from 18th birthday) | 10 years from age 18 | Injury to a child, compelling prostitution of a minor, certain trafficking, bigamy with a minor |
| Child-victim clock (20 years from 18th birthday) | 20 years from age 18 | Sexual performance by a child, aggravated kidnapping with sexual intent, certain burglary with sexual intent |
| No limitation offenses | No time limit | Murder, manslaughter, many child sex crimes, nonconsensual sexual assault with penetration (specified), sexual assault with qualifying DNA, leaving scene of fatal crash, specified human trafficking/continuous trafficking |
| Notes: Limitations and tolling rules (e.g., time outside Texas, pending indictment/information/complaint) may alter deadlines. Always confirm the current text of Texas Code of Criminal Procedure Chapter 12 (Articles 12.01–12.03) and the underlying Penal Code section for the charged offense. | ||
Source: Texas Code of Criminal Procedure Chapter 12, Articles 12.01–12.03.
Serious Felonies with No Limitation
Some crimes can be prosecuted any time after the offense. These include:
- Murder and manslaughter
- Nonconsensual sexual assault with penetration
- Sexual abuse crimes against children
- Leaving the scene of a fatal crash
- Human trafficking (specified cases)
These cases often rely on new DNA technology, re-opened criminal cases, or long-delayed reports by victims. Under the penal code, these crimes are treated as so severe that the State’s right to prosecute should not expire.
Extended Deadlines for Crimes Against Children
Texas law is especially tough on cases involving sexual abuse of minors.
- For some charges, the statute extends 10 years from the child’s 18th birthday.
- For others, prosecutors may file up to 20 years from the 18th birthday.
- For the most serious crimes, there is no limitation period at all.
Other states set limits of 15 years or 25 years for certain child-victim crimes. In Texas, the clock often runs longer or never expires. This reflects how difficult it can be for child victims to report abuse immediately.
Houston Examples
- Midtown burglary (2019), filed in 2025: Burglary carries a 5-year limit, so this case may still be timely.
- Galleria identity theft (2016), discovered in 2022: Identity theft is a 7-year felony. Timing depends on discovery and tolling.
- Pasadena child injury (2012), reported in 2024: Many child-injury crimes use the child-victim clock, often allowing prosecution well past 20 years.
The Harris County DA handles one of the busiest dockets in the state. Filing delays or clerical mistakes sometimes give the defense an opening.
How the Defense Raises the Statute of Limitations
Pretrial Motion to Dismiss
Your lawyer can file a motion under Article 12 to dismiss charges that were filed too late. Courts set hearings, and the State must prove it acted within the legal time period.
See also: How Can I Get My Case Dismissed If I Am Guilty
At Trial
The defense can request a jury instruction on the statute of limitations. If granted, the jury must consider whether the filing was timely.
Waiver Risks
If the defense does not raise the statute at or before trial, courts may treat it as waived.
Common Myths
- Myth: All felonies expire after 3 years.
- Truth: Many have 5, 7, 10, 15, 20 years, or no limit.
- Myth: Leaving Texas does not matter.
- Truth: Time out of state tolls the statute.
- Mistake: Assuming a dismissal ends the case forever. The State can sometimes refile if time remains.
Practical Steps if You Think the Deadline Passed
- Do not talk to police without a lawyer.
- Collect proof of dates (records, travel logs, emails).
- Note time outside Texas—it may toll the statute.
- Have a lawyer analyze the limitations period and filings.
See: Role of a Criminal Defense Attorney
FAQs
What is the statute of limitations for misdemeanors?
Two years from the date of the offense.
What about felonies not listed in Article 12?
Three years by default.
Do any cases allow 15 years or 25 years?
Not under Texas law, but some states in the United States set 15-year or 25-year limits. Texas often allows longer or no limits for sexual abuse cases.
Which crimes have no limitation?
Murder, manslaughter, many sexual abuse crimes against children, certain adult sexual assaults with DNA, and trafficking cases.
Does time outside Texas count?
No. Leaving the state pauses the clock.
Can dismissed cases be refiled?
Yes, if time remains and tolling applies.
Why Hire The Martinez Law Firm
Herman Martinez is a former Harris County Chief Prosecutor and a respected Houston criminal defense lawyer. He has served as a City of Houston Associate Judge, provides legal commentary for media, and has decades of trial experience. Recognized by Super Lawyers® and Houston Texas Magazine, he knows how prosecutors calculate deadlines—and how to challenge late filings.
Call for a Confidential Review
If you are facing criminal charges and want to know if the limitations period applies, call The Martinez Law Firm. We will:
- Review your case history.
- Check exact dates against statutory deadlines.
- Analyze tolling events.
- Build a defense that protects your rights.
Contact us today for a confidential consultation.
This article explains Texas law under Chapter 12 of the Code of Criminal Procedure. It is not legal advice. For advice on your case, consult a licensed Texas attorney.