Idaho Criminal Statute of Limitations Laws

By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 16, 2025

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Statutes of limitations determine the time frame parties have to bring legal action. Criminal statutes begin to run when the crime happens or when law enforcement reasonably should know that a crime has happened. For instance, in the case of misdemeanors, the statute of limitations starts when someone reports the crime.

Both civil actions and criminal cases have statutory limitation periods. These statutes ensure that plaintiffs and prosecutors file cases while the evidence is fresh. Criminal trials ensure a defendant's right to a speedy trial. State laws prevent police from delaying a cause of action until they "get around to it" or until a suspect is available for charging.

Serious felony crimes like murder, sex crimes such as rape, and crimes against children, do not have statutory limitations. Misdemeanor charges generally have a one- or two-year statute of limitations. Pausing or "tolling" the statute happens when the suspect is out of state or unavailable.

If someone has charged you with a crime, hire a criminal defense attorney as soon as possible.

Criminal Statutes of Limitations in Idaho

The criminal statutes of limitations in the state of Idaho determine how long it takes for the state to bring charges against a suspect following the commission of a crime.

Code sections

Idaho Statutes sections 19-401 to 19-406
Felonies

There is no time limit for the following crimes:

  • Murder
  • Voluntary manslaughter
  • Rape
  • Acts of terrorism

Cases for any other felony must begin within five years of the crime.
Misdemeanors
  • Generally, cases for misdemeanors must begin within one year. § 19-403
  • Misdemeanor sexual exploitation related to medical malpractice must be filed within two years (§ 19-406)
  • Cases for misuse of public funds (§ 18-5702) must begin within five years.
  • Cases for misdemeanor DWI that got dismissed pending completion of a diversion program can get refiled within two years if the defendant fails the diversion. § 19-3508
Crimes against children
  • Felony sexual abuse of a child or lewd conduct with a child can begin at any time.
  • Misdemeanor failure to report abuse, neglect, or abandonment of a child must begin upon filing of the complaint or an indictment must begin within four years. § 19-403
  • Cases for ritualized abuse of a child or female genital mutilation of a child must begin within three years after law enforcement is notified of the crime. § 19-402

Disclaimer: 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.

Idaho Criminal Laws Related Resources:

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