Arkansas Criminal Statute of Limitations Laws

All states have criminal statutes of limitations that limit the time prosecutors can spend on a criminal case against a suspect. 

The clock typically begins running the day after a crime happens. But the time limit is "tolled" or stopped when suspects are evasive (fugitives, etc.). Generally, the state may not charge someone with a crime if it fails to do so within the applicable statute of limitations.

Statutes of limitations often differ by the severity of the crime. In Arkansas, misdemeanors generally carry a one-year statute of limitations. Felonies are more varied, with no time limit for many serious crimes. There is a six-year period of time to file for Class Y and A felonies and a three-year limit for Class B, C, D, and unclassified felonies.

Statutes of limitations help preserve the integrity of evidence (including witness testimony) and maintain efficiency in the criminal justice system. In doing so, the laws promote fair trials and judicial efficiency.

Time Limits for Criminal Charges in Arkansas

The table below lists Arkansas' criminal statute of limitations laws. For more specific information, click the links in the table or the Related Resources section below.

Code sections

Arkansas Code § 5-1-109

Felonies

The following felonies can be tried at any time:

Other felonies:

  • Arson: 10 years (Ark. Code § 5-1-109(a)(3))
  • Class Y felony or Class A felony: Six years (unless otherwise noted) (Ark. Code § 5-1-109(b)(1)(A))
  • Class B felony, Class C felony, D felony, or unclassified felony: Three years (unless otherwise noted) (Ark. Code § 5-1-109(b)(2)(A))
  • Insurance fraud: Three years. If the act involved a motor vehicle purposely used to cause a car accident, five years. (Ark. Code § 5-1-109(b)(B)(i)(a)-(b))
  • Other kinds of fraud or breach of fiduciary duty: One year (Ark. Code § 5-1-109(c)(1))
  • Felonious conduct by a public servant: Five years after they leave public office or employment or after the crime was discovered or should have been discovered. (Ark. Code § 5-1-109(c)(2)(A)). The state must file the lawsuit within 10 years of the conduct. (Ark. Code § 5-1-109(c)(2)(B))
Misdemeanors

One year (Ark. Code § 5-1-109(b)(3)(A))

Crimes against children

The following offenses don't have a statute of limitations if the victim was a minor at the time of the offense, the victim did not report it to a law enforcement agency or a prosecuting attorney, and the victim is younger than 28 years of age:

If a mandated reporter of child abuse did not make a report, the state must file a charge for failing to report within 10 years after the child turns 18. (Ark. Code §§ 5-1-109(a)(4))

Acts during which statute does not run

The statute of limitations does not run when:

  • The accused is continually absent from Arkansas, has no reasonably ascertainable home, or has no reasonably ascertainable place of work within the state. (Ark. Code §§ 5-1-109(g)(1)(A)). These circumstances cannot extend the applicable limitation period by more than three years. (Ark. Code §§ 5-1-109(g)(1)(B))
  • When the state has a pending prosecution against the offender in Arkansas for the same conduct. (Ark. Code §§ 5-1-109(g)(2))
Other

Even if the statute of limitations for a crime has expired, the prosecution can still bring a case when DNA testing implicates someone identified through a search of a State DNA Data Base or National DNA Index System. (Ark. Code §§ 5-1-109(i))

A person commits an offense when either of the following happens:

  • Every element of a crime happens, or
  • There is a legislative purpose to prohibit a course of conduct that plainly appears at the time the defendant terminates their course of conduct (or complicity in the course of conduct). (Ark. Code §§ 5-1-109(e)(1)(A)-(B))

The statute of limitations begins to run the day after an offense's commission. (Ark. Code §§ 5-1-109(e)(2))

Note: State laws are subject to change through the enactment of new statutes, higher court decisions, and other means. Contact an Arkansas criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Arkansas Criminal Statute of Limitations: Related Resources

The following links provide more information about Arkansas' statute of limitations laws and related legal topics:

For more information about the statute of limitations, visit FindLaw's State Statute of Limitations Laws article.

Questions? Contact an Attorney

If police have charged you with a criminal offense, contact a criminal defense attorney in Arkansas. They can provide specific legal advice throughout your case and represent you in court and any plea bargain negotiations. They can also let you know whether you have a defense related to the applicable Arkansas statute of limitations laws in your case. Contact one today to get started on your defense and litigation strategy.

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