{"id":373441,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-criminal-statute-of-limitations-laws.html"},"modified":"2024-10-02T14:35:23","modified_gmt":"2024-10-02T19:35:23","slug":"kansas-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-criminal-statute-of-limitations-laws.html","title":{"rendered":"Kansas Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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Kansas Criminal Statute of Limitations Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

All states have civil and criminal statutes of limitations. Civil statutes of limitation are when a plaintiff must file a civil action against another party. Criminal statutes of limitations limit the time a prosecutor has to file charges after the commission of a crime.<\/p>\r\n

Statutes of limitations<\/a> help prosecutors file criminal cases as soon as possible after a crime. Time limits prevent evidence from getting lost, witnesses from moving away, and suspects from committing more crimes.<\/p>\r\n

Statutory limits<\/a> vary in each state. In Kansas, the statute time begins to run when someone files a complaint or a grand jury issues an indictment. The prosecution has not started if a warrant gets issued and not executed. Most criminal proceedings must begin within five years of a criminal act. Kansas law pauses or "tolls" the statute if the defendant is unavailable or the facts in the case prevent immediate discovery (K.S.A. \u00a7 21-5107(e)<\/a>).<\/p>\r\n

Kansas Criminal Statute of Limitations: Overview<\/b><\/h2>\r\n

Kansas’ criminal statute of limitations<\/a> is in the chart below.<\/p>\r\n\r\n
Definition<\/th>\r\nA statute of limitations tells you the time frame when the prosecution must bring a charge for a crime.<\/td>\r\n<\/tr>
Code sections<\/th>\r\nKansas Statutes section 21-5107<\/a><\/td>\r\n<\/tr>
Felonies<\/th>\r\n

The time limit for felonies varies by the type of crime, as follows:<\/p>\r\n

Misdemeanors<\/th>\r\nFor all misdemeanors, the case must start within five years.<\/td>\r\n<\/tr>
Crimes in which a child is a victim<\/th>\r\n
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  • If a child is the victim of a sexually violent crime, exclusive of rape, the case must be started within 10 years of the victim’s 18th birthday or within one year of the discovery of DNA evidence establishing the offender’s identity, whichever is later.<\/li>\r\n
  • Sexually violent crimes against children include indecent liberties with a child, criminal sodomy, indecent solicitation of a child, sexual exploitation of a child, aggravated sexual battery, aggravated incest, aggravated human trafficking for sexual purposes, and commercial exploitation of a child.<\/li>\r\n
  • If the statute of limitations for a crime against a child victim is for any factors described in (K.S.A. \u00a7 21-5107(e)), the case must start before the victim turns 28.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Acts during which the statute does not run<\/th>\r\n

The statute of limitations does not run during any of the following:<\/p>\r\n