Illinois Criminal Statute of Limitations

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 30, 2025

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Like other states, Illinois's criminal justice system has a certain time limit for filing a claim. This period is called the statute of limitations. It serves as the time period for the prosecution to file a criminal case. In the state of Illinois, this time limit ranges from 18 months for minor offenses to no time limit for severe criminal actions.

This article provides a comprehensive overview of the Illinois statute of limitations. If someone has accused you of a crime, hire a criminal defense attorney right away.

Code Sections

720 ILCS 5/3-5; 5/3-7
Felonies
  • For murder: No time limit.
  • Second-degree murder: None.
  • Attempt to commit first-degree murder: None.
  • Criminal solicitation to commit murder: None.
  • Involuntary manslaughter: None.
  • Reckless homicide: None.
  • Treason: None.
  • Arson: None.
  • Residential arson: None.
  • Aggravated arson: None.
  • Child pornography: None.
  • Forgery: None.
  • Criminal sexual assault: None.
  • Any offense involving sexual conduct or sexual penetration of a minor in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense: No time limit.
  • Theft of property exceeding $100,000 in value: Seven years from the last act committed in furtherance of the crime.
  • Identity theft: Seven years from the last act committed in furtherance of the crime.
  • Aggravated identity theft: Seven years from the last act committed in furtherance of the crime.
  • Financial exploitation of an elderly person or person with a disability: Seven years from the last act committed in furtherance of the crime.
Misdemeanors

Within one year and six months after its commission. 
Crimes against children
  • Child pornography: No time limit.
  • Any offense involving sexual conduct or sexual penetration of a minor in which the prosecution obtained the DNA profile of the offender and entered it into a DNA database within 10 years after the commission of the offense: None.
Acts during which statute does not run
  • Period in which the defendant is not usually publicly resident within Illinois.
  • Period in which the defendant is a public officer and the offense charged is theft of public funds while in public office.
  • Period in which a prosecution is pending against the defendant for the same conduct.
  • Period in which a proceeding or an appeal from a proceeding relating to the quashing or enforcement of a grand jury subpoena issued in connection with an investigation of a violation of a criminal law of the state is pending.
  • Period in which a material witness is on active military duty or leave.
  • Period in which the victim of unlawful force or threat of imminent bodily harm to get information or a confession is incarcerated, and the victim's incarceration is a consequence of the unlawful force or threats.

Purpose of Criminal Statutes of Limitation

The statutes of limitations help ensure the reliability and integrity of criminal proceedings. They secure the timely prosecution of criminal cases and protect defendants from facing outdated criminal charges. This is crucial, particularly when witnesses' memories may have faded, and evidence may have deteriorated.

It is also important to remember that these time limitations often only run when the accused is within reach of the law. The period pauses if the accused goes into hiding or leaves the state. This mechanism, also known as "tolling," ensures that the accused can't simply find ways to wait out the statute of limitations by fleeing or hiding. The countdown for the statute of limitations resumes once the accused returns to the jurisdiction.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. Although FindLaw strives to provide the most current information, it is best to consult an attorney before making legal decisions.

Related Resources

Seek Legal Advice from a Criminal Defense Attorney

Understanding the complex rules of criminal law, particularly the statutes of limitations, can be challenging. If you or someone you know is facing criminal charges, it is best to seek legal advice from a criminal defense attorney. A criminal defense lawyer can evaluate the details of your case and determine the best possible defense for your situation. Contact a criminal defense attorney today and seek legal advice about your legal issue.

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