State prosecutors must file criminal charges within the time limits established by the criminal statute of limitations. The time limits depend on the type of crime. Generally, the clock begins running the day following the crime's commission or when every element of the crime happens.
But certain circumstances may pause or toll the limitations period. For example, state law tolls the statute of limitations when a fugitive flees the state of Alaska. Because the clock does not run when they are outside Alaska, they cannot "wait out" a prosecution in another state.
The statute of limitations serves several purposes, including the following:
- It ensures the evidence presented is fresh.
- It promotes efficiency in the criminal justice system.
- It prevents defendants from having pending legal cases hanging over their heads indefinitely.
The applicable time limits differ depending on a crime's classification (e.g., felonies and misdemeanors). Most felonies and all misdemeanors carry a five-year time limit, while the maximum additional "tolling" for a suspect living in hiding is three years. Like most states, serious crimes like murder and sexual offenses generally do not have statutes of limitations.
Alaska Criminal Statute of Limitations: Chart
The table below offers an overview of Alaska's criminal statutes of limitations laws for criminal charges.
Code sections |
AS 12.10.010 et seq.
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No statute of limitations |
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Felonies |
- Generally: 10 years (§ 12.10.010(b)(1))
- Any offense that includes fraud, breach of fiduciary obligation, or official misconduct in public office: extension of one year after discovery of the offense (maximum extension of three years). (§ 12.10.020(a))
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Misdemeanors |
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Acts during which statute does not run |
- If the accused is outside the state to avoid detection or prosecution: a maximum extension of four years. (§ 12.10.040(a))
- When a prosecution against the accused of the same conduct is pending in Alaska. (§ 12.10.040(b))
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Note: State laws are always subject to change through several different means, including the enactment of new legislation and case law from higher court decisions. Contact an Alaska criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Alaska Criminal Statutes of Limitations: Related Resources
The following links provide more information about Alaska's laws:
Visit FindLaw's State Statutes of Limitations article for more information about other states' time limits for filing lawsuits.
Questions About the Statute of Limitations? Contact an Attorney
If law enforcement has charged you with a crime, contact a criminal defense attorney in Alaska. Whether they have charged you with a misdemeanor or felony offense, you could face imprisonment and thousands of dollars in fines. An experienced attorney can provide helpful legal advice and representation throughout the criminal case.
Statutes of limitations also apply to civil causes of action, such as personal injury and cases alleging personal property damage. If you have questions about the limitations of actions for civil cases, contact an Alaskan civil litigation attorney for help. They can help ensure you file your case before the time period to file passes.