Texas Criminal Statute of Limitations for Felonies & Misdemeanors

Texas Criminal Statute of Limitations

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Criminal Statute of Limitations for Felonies in Texas

Except as provided in Article 12.03 of the Texas Penal Code of Code of Criminal Procedure, felony indictments can only be presented within the time limits below:

Felonies with no limitation of time:

Manslaughter
Murder
Sexual Assault under Section 22.011(a)(2), Penal Code
Aggravated Sexual Assault under Section 22.021(a)(1)(B), Penal Code
Sexual Assault if:
(1) during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or
(2) probable cause exists to believe that the defendant has committed the same or a similar sexual offense against five or more victims
Continuous Sexual Abuse of Young Child or Children under Section 21.02, Penal Code
Indecency with a Child under Section 21.11, Penal Code
An offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person
Trafficking of Persons under Section 20A.02(a)(7) or (8), Penal Code
Continuous Trafficking of Persons under Section 20A.03, Penal Code
Compelling Prostitution under Section 43.05(a)(2), Penal Code

Felonies with a 10 year statute of limitation:

Theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate
Theft by a public servant of government property over which he exercises control in his official capacity
Forgery or the uttering, using or passing of forged instruments
Injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code
Sexual Assault, except as provided by Subdivision (1)
Arson
Trafficking of Persons under Section 20A.02(a)(1), (2), (3), or (4), Penal Code
Compelling Prostitution under Section 43.05(a)(1), Penal Code

Felonies with a 7 year statute of limitation:

Misapplication of fiduciary property or property of a financial institution
Securing execution of document by deception
A felony violation under Chapter 162, Tax Code
False statement to obtain property or credit under Section 32.32, Penal Code
Money Laundering
Credit Card or Debit Card abuse under Section 32.31, Penal Code
Fraudulent use or possession of identifying information under Section 32.51, Penal Code
Exploitation of a child, elderly individual, or disabled individual under Section 32.53, Penal Code
Medicaid Fraud under Section 35A.02, Penal Code
Bigamy under Section 25.01, Penal Code, except as provided by Subdivision (6)

Felonies with a 5 year statute of limitation:

Theft or Robbery
Kidnapping or Burglary, except as provided by Subdivision (5)
Injury to an Elderly or Disabled Individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code
Abandoning or Endangering a Child
Insurance Fraud

Felonies where the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses:

Sexual Performance by a Child under Section 43.25, Penal Code
Aggravated Kidnapping under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually
Burglary under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (B) of this subdivision

Felonies where 10 years from the 18th birthday of the victim of the offense:

Trafficking of Persons under Section 20A.02(a)(5) or (6), Penal Code
Injury to a Child under Section 22.04, Penal Code
Bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed

Felonies with a 3 year statute of limitation:

All other Felonies

Criminal Statute of Limitations for Misdemeanors in Texas

A Class A Misdemeanor in Texas is the severest class of the three different levels of misdemeanor offenses – Class A, Class B & Class C – and typically carry the maximum weight of punishment that can be assessed for a misdemeanor offense.

Some misdemeanors that are repetitive offenses can be filed as a higher misdemeanor or felony charge.
Example for DWI:

A first time offender for DWI where no accident is involved, no child under 17 in the car and the BAC is under 0.15, the offender will be charged with a Class B Misdemeanor.
A second time offender for DWI where no accident is involved, no child under 17 in the car and the BAC is under 0.15, the offender will be charged with a Class A Misdemeanor.
A third time offender for DWI will be charged with a Felony DWI which is a Third Degree Felony.

Class A Misdemeanors with a 2 year statue of limitation:

An indictment or information for any Class A Misdemeanor has to be presented within two years from the date of the offense.

Assault with Bodily Injury
Assault Involving a Family Member
Bad Checks or Hot Checks if the value of the property or service is $750 or more but less than $2,500
Burglary of a Vehicle
Burglary of a Vending Machine
Cruelty to Animals
DWI (second time offender)
Gambling Promotion
Perjury
Possession of 2-4 ounces of Marijuana
Public Lewdness
Resisting Arrest
Unlawful Carrying of a Weapon
Unlawful Restraint>
Violation of Protective Orders

Class B Misdemeanors with a 2 year statute of limitation:

An indictment or information for any Class B Misdemeanor has to be presented within two years from the date of the offense.

Bad Checks or Hot Checks if the value of the property or service is $100 or more but less than $750
Child Enticement
Criminal Trespass
Criminal Mischief
DWI (first time offender)
Evading Arrest on Foot
Failure to Pay Child Support
False 911 Calls
False Report to a Police Officer
Harassment
Indecent Exposure
Minor Drug Possession
Prostitution
Terroristic Threat
Vandalism

Class C Misdemeanors with a 2 year statue of limitation:

An indictment or information for any Class C Misdemeanor has to be presented within two years from the date of the offense.

Bad Checks or Hot Checks if the value of the property or service is less than $100
Bail Jumping
Criminal Trespass
Disorderly Conduct
Gambling
Leaving a Child in a Vehicle
Minor in Possession of Alcohol
Minor in Possession of Tobacco
Petty Theft such as shoplifting
Possession of Alcoholic Beverage in a Motor Vehicle
Possession of Drug Paraphernalia
Public Intoxication
Simple Assault
Theft of Property worth less than $50