{"id":375765,"date":"2016-03-31T21:36:23","date_gmt":"2016-04-01T02:36:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oklahoma-law\/oklahoma-criminal-statute-of-limitations-laws.html"},"modified":"2025-03-27T09:03:42","modified_gmt":"2025-03-27T14:03:42","slug":"oklahoma-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oklahoma-law\/oklahoma-criminal-statute-of-limitations-laws.html","title":{"rendered":"Oklahoma Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
\n \n
\n

Oklahoma Criminal Statute of Limitations Laws<\/h1>\n
\n
\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

Criminal prosecutors take evidence gathered by police and turn it into criminal charges and possibly a trial. But there is a time limit on how long prosecutors have to try criminal defendants. These limits vary depending on the type of crime, with misdemeanor charges<\/a> generally having shorter limits than felony charges<\/a>.<\/p>\r\n

Here is a quick introduction to criminal statutes of limitations<\/a>, followed by an outline of the statutes of limitations laws in Oklahoma.<\/p>\r\n

How Criminal Statutes of Limitations Work<\/b><\/h2>\r\n

Criminal statutes of limitations ensure that criminal trials<\/a> are speedy, fair, and based on the best possible evidence.<\/p>\r\n

Physical evidence<\/a> of a crime can degrade or disappear over time. These include fingerprints, DNA, testimonial evidence, officer statements, and eyewitness accounts. So, the sooner the evidence can appear at trial, the better. Statutes of limitations vary in length. This is because the justice system is trying to balance the interest in prosecuting the most serious offenses with the interest in not having criminal charges hang over a person’s head indefinitely.<\/p>\r\n

Normally, the statutory "clock" on most crimes runs only while the alleged perpetrator remains in the state where the crime happened. The clock will pause if the suspect is outside the state or otherwise in hiding. It will resume running when the suspect reenters the state. This prevents criminals from avoiding prosecution for serious crimes<\/a> by running, hiding, and trying to wait out the authorities.<\/p>\r\n

Criminal Statutes of Limitations in Oklahoma<\/b><\/h2>\r\n

The following table lists the specifics of Oklahoma’s criminal statutes of limitations.<\/p>\r\n\r\n
Code sections<\/th>\r\n

Oklahoma Statutes sections 22-151 to 22-153<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Felonies<\/th>\r\n
    \r\n
  • A murder case can begin at any time.<\/li>\r\n
  • A case for solicitation of murder in the first degree must start within seven years after the discovery of the crime.<\/li>\r\n
  • A case for bribery, embezzlement, or misappropriation of public money or other assets, falsification of public records, or conspiracy to defraud the government must start within seven years.<\/li>\r\n
  • A case for criminal conspiracy, embezzlement, criminal state income tax violations, identity theft, financial exploitation of a vulnerable adult, or Medicaid fraud must start within five years.<\/li>\r\n
  • A case for a false or bogus check must start within five years.<\/li>\r\n
  • A case for fraud or workers’ compensation fraud must start within three years of the crime being discovered. This time limit can’t be longer than seven years after the crime was committed.<\/li>\r\n
  • A case for Oklahoma Wildlife Conservation Code violations must start within three years.<\/li>\r\n
  • An arson case must start within seven years.<\/li>\r\n
  • A case for any other felony must start within three years.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Misdemeanors<\/th>\r\n

A case for any misdemeanor must start within three years.<\/p>\r\n<\/td>\r\n<\/tr>

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

Prosecutions for sexual crimes against children must start by the victim’s 45th birthday. This limit gets suspended if there is DNA evidence in the case. In those situations, the prosecutor can bring a case at any time as long as it is within three years of when they know alleged perpetrator’s identity.<\/p>\r\n<\/td>\r\n<\/tr>

Acts during which the statute does not run<\/th>\r\n

The statute of limitations does not run when the defendant is outside the state or does not usually live in the state.<\/p>\r\n<\/td>\r\n<\/tr>

Other<\/th>\r\n