Understanding Statutes of Limitations in Texas

A statute of limitations is the deadline the State has to formally charge someone with a crime. In Texas, criminal limitation periods are set by Chapter 12 of the Code of Criminal Procedure, and the deadline depends on the offense. Most misdemeanors must be charged within two years. Many felonies must be charged within three years, but some carry longer deadlines, some deadlines are measured from a child victim’s 18th birthday, and a short list of offenses has no limitation period at all.

Knowing which deadline applies can matter a great deal if you are worried that old allegations may lead to charges, or if you have already been charged and the alleged offense happened long ago. This guide explains how limitation periods work in Texas criminal cases and the main categories under current law.

Why Statutes of Limitations Exist

Limitation periods push the State to bring cases while evidence is still available and reliable. Over time, witnesses forget details or become hard to find, records are lost, and physical evidence can degrade. That affects the defense as much as the prosecution. A person accused years after the fact may have no practical way to reconstruct where they were or who they were with.

For the most serious offenses, the Legislature has decided that the interest in prosecution outweighs those concerns, which is why some crimes have no deadline at all.

Offenses With No Statute of Limitations in Texas

Under Article 12.01(1), there is no limitation period for a list of offenses that includes:

• Murder and manslaughter. Texas appellate courts have held that intoxication manslaughter is a form of manslaughter for this purpose, so it also has no limitation period.
• Sexual assault of a child and aggravated sexual assault of a child.
• Sexual assault of an adult in certain cases, such as when biological evidence was collected and has not been tested or does not match the victim or another readily identified person, or when there is probable cause to believe the defendant committed the same or a similar sex offense against five or more victims.
• Continuous sexual abuse of a young child or disabled individual, and indecency with a child.
• Leaving the scene of a collision that resulted in a death.
• Certain forms of human trafficking, continuous trafficking of persons, certain forms of compelling prostitution, and continuous promotion of prostitution.
• Certain other offenses listed in the statute, including tampering with evidence involving a human corpse or a homicide investigation, certain interference with child custody, certain burglaries committed with intent to commit sexual assault, and failure to stop or report a sexual or assaultive offense against a child.

Felony Limitation Periods in Texas

For felonies that do have a deadline, Article 12.01 sets several tiers. The following are common examples, not a complete list.

10 Years From the Date of the Offense

• Theft of an estate by an executor, administrator, guardian, or trustee, and theft by a public servant of government property
• Forgery
• Injury to an elderly or disabled individual punishable as a first-degree felony
• Sexual assault of an adult, unless no limitation applies under the rules above or the two-year discovery rule below applies
• Arson
• Certain forms of human trafficking and compelling prostitution
• Real property theft and real property fraud

7 Years From the Date of the Offense

• Most fraud offenses in Chapter 32 of the Penal Code, such as credit or debit card abuse, misapplication of fiduciary property, securing execution of a document by deception, and fraudulent use or possession of identifying information (identity theft)
• Money laundering
• Health care fraud
• Possession or promotion of child pornography
• Bigamy, except when the other person was younger than 18 (see below)
• A felony violation of the motor fuels tax law in Chapter 162 of the Tax Code

5 Years From the Date of the Offense

• Theft and robbery
• Most kidnapping and burglary offenses
• Injury to an elderly or disabled individual that is not a first-degree felony
• Abandoning or endangering an elderly or disabled individual
• Insurance fraud
• Felony family violence assault, continuous violence against the family, and aggravated assault

Deadlines Measured From a Child Victim’s 18th Birthday

For some offenses involving children, the clock does not start until the alleged victim turns 18:

• 20 years from the victim’s 18th birthday for kidnapping or aggravated kidnapping when the victim was younger than 17, certain related burglaries, trafficking of a child, and sexual performance by a child
• 10 years from the victim’s 18th birthday for injury to a child, for abandoning or endangering a child, and for bigamy when the person the defendant married, or purported to marry or lived with as if married, was younger than 18

Deadlines Measured From Discovery

A few deadlines run from the date the offense was discovered rather than the date it was committed:

• 10 years from discovery for trafficking of a disabled individual
• 4 years from discovery for failure to report child abuse or neglect punishable as a state jail felony
• 2 years from discovery for sexual assault punishable as a state jail felony under Penal Code Section 22.011(f)(2)

3 Years for All Other Felonies

Any felony not listed elsewhere in Article 12.01 has a three-year limitation period. Many common felonies fall into this category, including intoxication assault and DWI with a child passenger.

How the Offense Level Changes the Deadline: A DWI Example

The same conduct can be a misdemeanor or a felony depending on the circumstances, and that changes which limitation period applies. DWI is a good example:

• A first DWI is generally a Class B misdemeanor (Penal Code Section 49.04(b)), and it becomes a Class A misdemeanor if a breath, blood, or urine analysis showed an alcohol concentration of 0.15 or more (Section 49.04(d)). Either way, the two-year misdemeanor deadline applies.
• A DWI with one prior intoxication-related driving conviction is generally a Class A misdemeanor (Section 49.09(a)), so the two-year deadline still applies.
• A DWI with two prior intoxication-related convictions is a third-degree felony (Section 49.09(b)). DWI with a passenger younger than 15 (Section 49.045) and DWI in a school crossing zone while the reduced speed limit applies (Section 49.04(e)) are state jail felonies. These felonies fall under the three-year period.

For more on how DWI charges are classified and punished, see our guide to DWI in Texas: charges, penalties, and defense.

Misdemeanor Limitation Periods in Texas

Under Article 12.02, most misdemeanors, including Class A, Class B, and Class C offenses, must be charged within two years of the date of the offense. There are exceptions. Misdemeanor assault against a family member, household member, or dating partner may be charged within three years, and certain misdemeanor failures to report child abuse or neglect may be charged within three years after the offense was discovered.

How the Deadline Is Calculated

A felony case is “charged” for limitations purposes when an indictment is presented. A Class A or Class B misdemeanor is charged by an indictment or information, and a Class C misdemeanor by a complaint or information. A few rules can extend the time the State has:

• Time the accused spends outside Texas does not count toward the limitation period (Article 12.05(a)).
• Time while an indictment, information, or complaint is pending does not count (Article 12.05(b)). If a charge is dismissed and later refiled, the time it was pending may not count against the State.
• Attempt, conspiracy, and solicitation generally carry the same limitation period as the underlying offense, and an “aggravated” offense generally carries the same period as the primary crime (Article 12.03).

An arrest is not the same as a charge. Someone can be arrested and released without an indictment, and the question is whether the State formally presents the charge in time.

Statutes of Limitations Change

The Texas Legislature has amended Article 12.01 many times, including in 2019, 2021, 2023, and 2025, often by lengthening deadlines or removing them for certain offenses. Which version of the law applies to an older allegation can be a technical question, so it is worth having an attorney review the dates and the charge before assuming a case is too old to prosecute.

Talk to a Texas Criminal Defense Attorney

If you are concerned that old allegations may lead to charges, or you have been charged with an offense that happened long ago, Dunham & Jones can review the dates, the charge, and the applicable law and explain your options. If you have already been arrested, see what to do if you’re arrested in Texas.

Worried about an old allegation or a new charge? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.

Frequently Asked Questions About Statutes of Limitations in Texas

Frequently asked questions about statutes of limitations in Texas.

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.