Colorado Criminal Statute of Limitations Laws

The criminal justice system in the state of Colorado enforces a criminal statute of limitations, which establishes the time frame within which prosecutors must file charges for criminal offenses. This period of time varies depending on the nature of the case, distinguishing between criminal cases and civil cases.

For example, Colorado's misdemeanor charges have statutes of limitations ranging from six months to five years. Certain felony charges, such as murder, kidnapping, and treason, have no statutory limit for filing charges. Read on to learn essential details regarding Colorado's criminal statute of limitations laws.

What Is the Purpose of a Time Limit?

Criminal statutes of limitations help ensure that criminal trials are fair and based on the best possible evidence. Evidence of a crime, both physical (fingerprints and DNA) and testimonial (officer statements and eyewitness accounts), can fade or become unusable over time. In some instances, they can be lost completely.

Particular statutes of limitations vary in length. This depends on the type of crime and how the justice system is attempting to address the severity of the offense:

  • Effectively prosecuting the most serious offenses
  • Conducting accurate criminal trials
  • Providing a fair and speedy trial so the charges don't hang over a person's head indefinitely

No matter what the crime, the accused has a right to contest the charges in court. This should be done as rapidly as possible.

How Is a Statute of Limitations Tolled?

Time limits for filing criminal charges run only when the suspect is visible and within the state where the crime was committed.

Tolling a statute of limitations suspends the running of the time limit. If the suspect is out of state or otherwise in hiding, the statutory clock will pause. It resumes running only if and when the criminal reenters the state. This prevents criminals from avoiding the consequences for serious crimes by simply running, hiding, and waiting out law enforcement.

Criminal Statutes of Limitations in Colorado: Recap

The following chart summarizes Colorado's criminal statute of limitations laws. If your legal issue is a civil one, FindLaw's Colorado Civil Statutes of Limitations article has the information you need.

Colorado Criminal Statute of Limitations Definition

The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Colorado law, the statute of limitations depends on the severity of the crime you face, ranging from six months to no limit.

Colorado Criminal Statute of Limitations Code Section

Colorado Revised Statutes (C.R.S) Section 16-5-401

Colorado Criminal Statute of Limitations for Felony Offenses

  • Murder, kidnapping, treason, forgery, or aggravated incest and certain types of felony sexual assault when the offense was reported within 10 years of being committed and DNA evidence identifies the defendant: No time limit
  • Vehicular homicide or leaving the scene of an accident that resulted in a person's death: Five years
  • Both vehicular homicide and leaving the scene of an accident that resulted in a person's death occurring in the same criminal episode: 10 years
  • All other felonies: Three years

Colorado Criminal Statute of Limitations for Misdemeanor Offenses

18 months

Crimes With a Child Victim

  • Sexual offenses (in general): No time limit
  • Misdemeanor sexual assault: Five years
  • Other specific sexual violations: 10 years
  • Extension beyond three-year limit for sexual exploitation: Seven years
  • Extension beyond three-year limit for misdemeanor unlawful sexual contact: Three years and six months

Acts During Which a Statute Does Not Run Under Colorado Law

  • Absent from state: 5 years maximum extension
  • Offenses concealed by fraud or difficult to detect: Until discovered or extended for 3 years

Colorado Criminal Statute of Limitations for Other Offenses

  • Petty offenses: Six months
  • Misdemeanor traffic offenses: One year
  • Bribery and other corrupt practices involving public officials or directed toward the government: Extension of three years

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 Colorado law(s) you are researching.

Related Resources for Colorado Criminal Statute of Limitations Laws

Still Have Questions About Statutes of Limitations? Get Legal Advice From a Colorado Criminal Defense Lawyer

The point at which Colorado criminal statute of limitations start varies depending on the criminal act. Any criminal charge should be taken seriously. If you're charged with a crime in Colorado, it's a good idea to contact a local criminal defense attorney to learn more about the charges you're facing and your options moving forward.

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