Is there a statute of limitations for sexual molestation of a child?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is there a statute of limitations for sexual molestation of a child?

Asked on August 9, 2011 New Jersey

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Statute of limitations for any crime varies from state to state.  While every state has no statute of limitations for murder, more and more states are devising new legislation so that the statute of limitations is extended for sex crimes.  A number of states have no statute of limitations for Class A felonies, which are considered the most serious crimes.  These crimes include rape crimes and the age of the victim is irrelevant.  It is noteworthy that rape crimes, do not mean only forcible rape, but also statutory rape.  Also, sexual assault may be considered a rape crime.  The states that have no statute of limitations for Class A felonies are:  Florida, Indiana, Connecticut, Kentucky, Michigan, Missouri, Louisiana, New Mexico, Rhode Island, South Dakota, Vermont, and New Jersey.

 However, the prosecution for aggravated sexual assault or criminal sexual conduct must commence within five years after the offense was committed.  If at the time of the offense the victim was under 18, the prosecution must occur within five years after the minor reaching 18 years of age or within two years after the discovery of the sexual offense; whichever time period is later.  There is an exception to this time period rule for prosecution which deals with finding DNA, which permits more time for prosecuting the offender. 

You can also contact a criminal defense attorney who can provide more details and guidance in this area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption