In Texas, there are some crimes that can be prosecuted at any point in time. This means there is no deadline for filing charges, even years or decades later. Most crimes do have deadlines limiting how long prosecutors have to file charges, but when it comes to some of the most serious crimes handled by prosecutors, there may be no cutoff.
When people ask, “what crimes have no statute of limitations?”, they’re often surprised to find out how long the list is in Texas. Even if a crime occurred years or decades ago, if there’s no statute of limitations, prosecutors may pursue charges.
Understanding the statute of limitations for specific criminal charges is crucial, particularly if you’re facing criminal accusations that put your future in jeopardy. If you want to discuss the potential (or actual) criminal charges against you, Mark A. Perez, Attorney at Law is here to help. Call us at 214-752-0505 to schedule a consultation now.
What Crimes Have No Statute of Limitations in Texas?
When it comes to certain serious offenses, Texas law allows prosecutors to file charges at any time. Charges without a statute of limitations are typically categorized that way because they involve a violent crime or crimes where a victim may not come forward until much later.
Crimes in Texas that do not have a statute of limitations include:
- Murder
- Manslaughter
- Sex crimes involving children
- Sexual assault with penetration
- Child trafficking
- Prostitution of a child younger than 18 years old
In comparison, the vast majority of crimes in Texas do have a statute of limitations, even if it’s decades long. For example, sexual performance by a child has a statute of limitations lasting 20 years from a minor victim’s 18th birthday. Child endangerment, bigamy, and injury to a child have a statute of limitations of 10 years from a minor victim’s 18th birthday. A general 10-year statute of limitations is in place for crimes like arson, forgery, human trafficking, and less severe sexual assault charges.
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What Crimes Have No Statute of Limitations Federally?
In addition to criminal charges at the state level, you have to consider federal crimes that do not have a statute of limitations. Some crimes that have no statute of limitations at the federal level include capital murder, terrorism resulting in death or serious bodily injury of targeted individuals, and sexual crimes and offenses against children. Any crime that can be punished by death has no statute of limitations.
The rationale for this is the same as it is at the state level. These crimes are considered serious enough that having a statute of limitations could be unfair to victims.
Why Some Crimes Do Not Have a Statute of Limitations
When we’re talking about crimes that have no statute of limitations in Texas or at the federal level, there may be several factors that come into play. Legislators have a variety of reasons for choosing not to set a statute of limitations:
- Seriousness of the offense: Legislators may decide which crimes have no statute of limitations by looking at how severe the offense is. Crimes like murder and sexual abuse of children are considered so serious that prosecution is justified at any time.
- Protection of victims: The ability to protect victims is another reason that some crimes have no statute of limitations. Children and vulnerable individuals often do not realize what has happened to them for years. By the time they realize that they’ve been abused or assaulted, a standard statute of limitations may have already passed.
- Advances in forensic technology: Forensic technology has improved rapidly over the last couple of decades, and those advances are not slowing down at all. By ensuring that some crimes have no statute of limitations, states leave the door open for currently unsolved crimes to be solved in the future.
- Public safety concerns: In crimes like murder, protecting the victim may not technically be a concern—but protecting the public still is. This also applies to crimes like sexual assault of children. In these situations, prosecuting dangerous offenders years or even decades later can protect the community.
How Prosecutors May Build a Case Years Later
If prosecutors are pursuing charges for crimes that have no statute of limitations in Texas, how do they build a case? In many cases, these investigations start with victims coming forward. From there, prosecutors may move on to DNA and forensic evidence that builds their case. Digital records and documents can also support these cases.
Facing Charges for Crimes That Have No Statute of Limitations? We’re Here to Help
Criminal defense lawyers know which crimes have no statute of limitations and how to protect their clients. If you are facing potential charges, it is important to understand your rights and your legal options. Call us at 214-752-0505 fill out our online contact form to schedule a consultation.
