District of Columbia Criminal Statute of Limitations Laws

By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 18, 2024

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In criminal law, there are time limits on when a prosecutor can charge someone with a crime. These laws or criminal statutes of limitations determine these time limits. Most states, including the District of Columbia, have different time limits for specific crimes. These laws ensure the efficient administration of justice in Washington, D.C.

Criminal Statutes of Limitations Laws

Criminal statutes of limitations apply to different crimes based on their general classification as either felonies or misdemeanors. The time limit starts to run on the date of the commission of the criminal offense. Consider, for example, that someone steals your personal property, but it takes the police six months to locate that person. The time limits start on the day they stole your property, not the date the police located the person.

Statutes of limitations often differ by the severity of the crime, with homicide and other serious crimes having no time limits. Consider a cold case that takes police detectives 20 years to resolve. Once the detectives identify a suspect, the District of Columbia's attorney general can file charges against that person.

What if the Prosecutor Doesn't Timely File Charges?

Prosecutors can't charge a suspect with a crime after the statute of limitations expires as long as the person was not evading law enforcement during the statutory period. One reason for this is to preserve evidence (including witness testimony). Statute of limitations helps preserve the integrity of evidence for a limited period of time.

Criminal Statute of Limitations in the District of Columbia

Under D.C. law, all misdemeanors have a three-year statute of limitations. Most felonies do not have any statute of limitations. The table below lists more specific details.

Code sections

23-113
Felonies
  • First- and second-degree murder: No time limit
  • Murder of a law enforcement officer or public safety employee: No time limit
  • First- and second-degree murder that is an act of terrorism: No time limit
  • Murder of a law enforcement officer or public safety employee that is an act of terrorism: No time limit
  • First-, second-, third-, and fourth-degree sexual abuse: No time limit
  • First- and second-degree child sexual abuse: No time limit
  • First- and second-degree sexual abuse of a minor: No time limit
  • First- and second-degree sexual abuse of a secondary education student: No time limit
  • First- and second-degree sexual abuse of a ward, patient, client, or prisoner: No time limit
  • First- and second-degree sexual abuse of a patient or client: No time limit
  • Incest: No time limit
  • Enticing a child to commit felony sexual abuse: 10-year time limit
  • Using a minor in a sexual performance or promoting a sexual performance by a minor: 10-year time limit
  • Trafficking in labor or commercial sex and sex trafficking of children: 10-year time limit
  • Abducting or enticing a child from their home for purposes of prostitution or harboring such a child: 10-year time limit
  • Pandering, inducing, or compelling a person to engage in prostitution: 10-year time limit
  • Compelling a person to live a life of prostitution against their will: 10-year time limit
  • Causing spouse or domestic partner to live in prostitution: 10-year time limit
  • Any other felony: Six-year time limit
Misdemeanors

Three-year time limit

Crimes in which a child is a victim
  • First- and second-degree child sexual abuse: No time limit.
  • First- and second-degree sexual abuse of a minor: No time limit.
  • First- and second-degree sexual abuse of a secondary education student: No time limit.
  • Incest: No time limit.
  • Enticing a child for committing felony sexual abuse: 10-year time limit.
  • Using a minor in a sexual performance or promoting a sexual performance by a minor: 10-year time limit.
  • Trafficking in labor or commercial sex and sex trafficking of children: 10-year time limit.
  • Abducting or enticing a child from their home for purposes of prostitution or harboring such a child: 10 years time limit.
Acts during which statute does not run

Period of limitation does not run:

  • When a prosecution against the defendant for that offense is pending in the courts of the District of Columbia
  • Until the victim reaches 21 years of age for the following offenses:
  1. Enticing a child for committing felony sexual abuse
  2. Using a minor in a sexual performance or promoting a sexual performance by a minor
  3. Forced labor, trafficking in labor or commercial sex, sex trafficking of children, and benefiting financially from human trafficking where the victim is a minor

  • When a person is fleeing from justice
Other

Prosecution for a felony or a misdemeanor offense completed based on official conduct:

  • Within three years after a public officer or employee has left office or
  • Within three years after fraud or breach of fiduciary trust has been, or reasonably should have been, discovered for any completed offense based on that fraud or breach of fiduciary trust.

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.

Hire a Lawyer

If you're facing charges for any crime, you should hire a lawyer to protect your rights. An experienced criminal defense attorney is the best way to help you with charges.

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