{"id":374468,"date":"2016-03-31T21:35:46","date_gmt":"2016-04-01T02:35:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/missouri-law\/missouri-criminal-statute-of-limitations-laws.html"},"modified":"2025-04-24T10:54:33","modified_gmt":"2025-04-24T15:54:33","slug":"missouri-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/missouri-law\/missouri-criminal-statute-of-limitations-laws.html","title":{"rendered":"Missouri Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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Missouri Criminal Statute of Limitations Laws<\/h1>\n
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\n By Olivia Wathne, 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

Every state has time limits for filing criminal charges, called the statute of limitations<\/a>. Prosecutors have a certain amount of time after a crime happens before they file charges, which varies by state<\/a> and type of crime. Missouri criminal statutes of limitation are fairly uniform, mostly based on the classification of the crime (i.e., felony, misdemeanor).<\/p>\r\n

Whether you’re accused of a crime or are the victim of a crime in Missouri, it’s important to understand the legal timeline involved in your case. Either way, you should hire a lawyer<\/a> to protect your rights.<\/p>\r\n

Missouri Criminal Statute of Limitations at a Glance<\/b><\/h2>\r\n

Nearly all states, including the state of Missouri, have certain crimes that are not limited by a statute of limitations, including murder<\/a> and class A felonies<\/a>.<\/p>\r\n

The following chart details criminal statutes of limitations in Missouri with links to related resources. See FindLaw’s Criminal Law Basics<\/a> section for more information.<\/p>\r\n\r\n
Code section<\/th>\r\n

Missouri Revised Statutes Section 556.036<\/a> and Section 556.037<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Felonies<\/th>\r\n
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  • Murder, rape, sodomy, or any class A felony: None<\/li>\r\n
  • Arson or knowingly burning or exploding: Five years<\/li>\r\n
  • Other felonies: Three years<\/li>\r\n
  • For crimes involving fraud or a breach of fiduciary obligation, there is a one-year statute of limitations after discovering the offense, but no more than three years beyond the statute of limitations<\/li>\r\n
  • Misconduct by someone in a public office or employee: Any time the suspect is in office or employed, or two years afterward, but no more than three years<\/li>\r\n
  • Intentional and willful fraudulent claim of owed child support made to a public servant: One year after discovery, but no more than three years<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Misdemeanors<\/th>\r\n

One year<\/p>\r\n<\/td>\r\n<\/tr>

Crimes against children<\/th>\r\n

Sexual offenses involving a person 18 or younger: None<\/p>\r\n<\/td>\r\n<\/tr>

Acts during which statute does not run<\/th>\r\n
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  • Any time the accused is absent from the state, but extending the statute of limitations by no more than three years<\/li>\r\n
  • Any time the accused is hiding from justice, either in or outside the state<\/li>\r\n
  • Any time the case is pending in the state<\/li>\r\n
  • Any time the accused lacks the mental fitness to proceed with a trial<\/li>\r\n
  • The time period from developing a DNA profile until identifying the accused as a match<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Other<\/th>\r\n

Infraction (punishable by fine, forfeiture, or other civil penalty, not jail time): Six months<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer:<\/b> State laws are constantly changing \u2014 contact a Missouri criminal defense attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Tolling and Exceptions<\/b><\/h2>\r\n

The reasoning behind statutes of limitation includes preserving evidence<\/a> \u2014 witness testimony and physical evidence. Also, fear of criminal prosecution (except for the most serious charges) shouldn’t hang over suspects’ heads indefinitely.<\/p>\r\n

But, in Missouri, the statute of limitations in criminal cases can get tolled<\/a> (paused) under some circumstances. This extends the limitations period during which a prosecutor can file charges. For example, in cases involving forcible rape or other serious sex offenses<\/a>, the limitations period may get extended when DNA evidence<\/a> becomes available, even after a significant period of time. Also, tolling may apply in instances of domestic violence<\/a> or when the accused is absent from the state or is concealing themselves. These exceptions ensure that perpetrators of crimes, especially violent ones, can’t escape prosecution due to the passage of time.<\/p>\r\n

Research the Law<\/b><\/h2>\r\n