Hawaii Criminal Statute of Limitations Laws

By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 15, 2024

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Criminal statutes of limitations give deadlines (or time limits) for prosecutors, including a state attorney general, to follow when filing criminal charges. Defendants can use a statute of limitations as a defense if the prosecutor files charges after the limitations period expires.

Criminal statutes of limitations vary based on the underlying criminal offense. For example, the limitations period for sexual offenses is likely longer than the time period for petty misdemeanors. Criminal statutes of limitations exist at the federal, state, and local levels of government. This article explores criminal statutes of limitations under Hawaii law.

Understanding the Purpose of Criminal Statutes of Limitations

One of the reasons for criminal statutes of limitations is to ensure the evidence used as proof of guilt in a criminal trial does not deteriorate. Most prosecutors rely on testimonial or physical evidence in criminal cases. Testimonial evidence includes the following:

  • Eyewitness testimony
  • Law enforcement statements

Physical evidence includes the following:

  • Fingerprints
  • DNA analysis
  • Bullet casings

Evidence can degrade or disappear over time, so it is imperative to have the trial as soon as possible after the criminal offense happens.

Timing

Longer or indefinite statutes of limitations attempt to balance the interest in fair trials with the seriousness of the offense. Statutes of limitations prevent criminals from avoiding the consequences of severe crimes. Some criminals may try to avoid any consequences by leaving the state for the duration of the period. Ultimately, this will not help in most cases, as the limitations period will toll or pause while the alleged offender is out of the state. The limitations period resumes when the alleged offender returns to the state.

Under Hawaiian state law, the statute of limitations toll or pause for felony offenses, like sexual abuse, where the survivor is under 18 years of age.

Hawaii Criminal Statutes of Limitations

The Hawaii Revised Statutes contain the state of Hawaii's criminal statutes of limitations. Class A felonies, which make up the majority of felonies in Hawaii, have a six-year statute of limitations. Misdemeanors or parking violations carry a two-year statute of limitations. There is no deadline for filing charges for first- or second-degree murder cases.

Learn about Hawaii's criminal statute of limitations in the table below.

Code section Hawaii Penal Code section 701-108
Felonies
  • First or second-degree murder or First, second-degree attempted murder, criminal conspiracy to commit murder in any degree or criminal solicitation to commit murder, sexual assault in the first and second degrees: None
  • Manslaughter where death was not caused by operating a motor vehicle: 10 years
  • Class A felony: Six years
  • Any felony under part IX of chapter 708: Five years
  • Others: Three years
  • If fraud or breach of fiduciary obligation is an element: Two to six years
  • Extension after discovery; if based on misconduct in public office: Two to three years' extension upon discovery
Misdemeanors
  • Misdemeanor or parking violation: Two years
  • Petty misdemeanors or a violation other than a parking violation: One year
Crimes in which a child is a victim Continuous sexual assault of a minor under 14: none
Acts during which statute does not run
  • Continuously absent from state or no reasonably known home or work within the state, while prosecution is pending: maximum extension four years
  • Prosecution pending for the same conduct
  • Felony offense under part V or VI of chapter 707, during any time when the victim is alive and under 18
Other

When statutes of limitation extend:

  • An offense with an element of fraud, deception, or breach of fiduciary obligation within three years of discovery, extended up to six years
  • An offense of misconduct while in public office within two years of misconduct, extended up to three years
  • A felony offense that involves DNA evidence from the offender if the testing happens before the original period of limitation, extended up to 10 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 state laws you are researching.

Get Legal Help

Being charged with a crime is serious, with the risk of losing your freedom. A qualified Hawaiian criminal defense attorney can help you navigate your legal issues. They are experts on Hawaiian criminal law and will provide sound legal advice. Speak to an experienced Hawaiian criminal defense attorney in your area to discuss your case.

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