{"id":377300,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-criminal-statute-of-limitations-laws.html"},"modified":"2025-04-11T12:10:52","modified_gmt":"2025-04-11T17:10:52","slug":"wisconsin-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-criminal-statute-of-limitations-laws.html","title":{"rendered":"Wisconsin Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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Wisconsin Criminal Statute of Limitations Laws<\/h1>\n
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\n By Christie Nicholson, 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

Criminal statutes of limitations dictate how long state prosecutors have to pursue criminal cases against a potential defendant. Like most states, Wisconsin has different time limits<\/a> depending on the type of crime involved. For example, misdemeanors have a three-year limitation period, while most felony charges have a six-year statute of limitations. (There is no statutory limit on murder charges.)<\/p>\r\n

Here, we\u2019ll discuss Wisconsin\u2019s criminal statute of limitations and provide the specific statutes of limitation periods for common crimes and misdemeanors<\/a>.<\/p>\r\n

If someone has accused you of a crime, contact a criminal defense lawyer<\/a> immediately.<\/p>\r\n

Criminal Statutes of Limitation in Wisconsin<\/h2>\r\n

State laws<\/a> can be challenging to read and understand. The chart below summarizes Wisconsin statutes of limitation laws in plain English.<\/p>\r\n\r\n
Code section<\/td>\r\nWis. Stat. Ann. \u00a7939.74<\/a><\/td>\r\n<\/tr>
Felonies<\/td>\r\n
Misdemeanors<\/td>\r\nThree years<\/td>\r\n<\/tr>
Crimes against children<\/td>\r\n

Attempted or committed first-degree sexual assault and repeated sexual assault of the same child: none
\r\nny time before the victim turns 45:<\/p>\r\n

Acts during which the statute does not run<\/td>\r\nWhen the perpetrator lives outside Wisconsin or when prosecution for the alleged crime is pending.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

What Is the Purpose of a Time Limit?<\/h2>\r\n

Criminal statutes of limitation ensure that criminal trials rely on the best available evidence<\/a>. Physical evidence (like fingerprints and DNA) and testimonial evidence (like officer statements and eyewitness accounts) can deteriorate or get lost over long periods of time.<\/p>\r\n

The statutes of limitation seek to balance the interest in prosecuting serious offenses with the interest in conducting fair and accurate criminal trials<\/a>.<\/p>\r\n

Tolling of the Statute of Limitations in Wisconsin<\/h2>\r\n

The time limits for criminal cases run only when the suspect is visible and within Wisconsin.<\/p>\r\n

Tolling the statute of limitations suspends the running of the time limit. If the suspect is out of state or in hiding, the clock pauses and resumes when the suspect reenters the state. This prevents criminals from avoiding the consequences of serious crimes by running, hiding, and waiting<\/a> for the statute of limitations period to run out.<\/p>\r\n

Related Resources for Wisconsin Criminal Statute of Limitations Laws:<\/h2>\r\n

Criminal statutes of limitations vary depending on the crime and the jurisdiction. If you\u2019re facing criminal charges, you should meet with a Wisconsin criminal defense attorney<\/a> immediately.<\/p>\r\n

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