(4)2 Statute of Limitations

(4)2 Statute of Limitations

This section establishes the maximum period of time in which criminal charges may be filed after an alleged offense has occurred. Upon expiration of the applicable statute of limitations, prosecution for the offense is permanently barred.

(4)2.1 Commencement of Limitations Period

The statute of limitations shall begin to run on the date the alleged offense occurred.

For offenses involving a continuing course of conduct, the limitations period shall begin on the date the conduct ceased.

(4)2.2 Limitations Periods

Unless otherwise provided by statute, the following limitations periods apply:

1. Infraction-level offenses: One (1) year
2. Misdemeanor offenses: Two (2) years
3. Felony offenses: Five (5) years
4. First-degree felony offenses: No limitation period

(4)2.3 Tolling of Limitations

The statute of limitations shall be tolled during any period in which:

1. The defendant is not physically present within the jurisdiction of the state
2. The defendant actively evades arrest or prosecution
3. A charging instrument has been filed and is later dismissed without prejudice

(4)2.4 Excluded Offenses

No statute of limitations shall apply to:

1. First-degree felonies
2. Homicide-related offenses
3. Sexual offenses involving a minor
4. Acts of terrorism or mass-casualty conduct

(4)2.5 Effect of Expiration

If the applicable statute of limitations has expired prior to the filing of charges, the court shall dismiss the charge with prejudice upon motion by the defendant or upon the court’s own review.