Indiana Criminal Statute of Limitations Laws

Each state has criminal statutes of limitations. These give the prosecutor a certain amount of time to file criminal charges. These statutes protect a defendant’s right to a speedy trial and ensure criminal trials use the best available evidence. States also have civil statutes of limitation, which give plaintiffs a set period of time to file civil lawsuits.

Under Indiana law, misdemeanors have a two-year statute of limitations. Most felonies have a five-year limitations period. If the state discovers DNA evidence, it has a longer time frame to file charges. Murder and other serious crimes, like sex offenses, have no time limit.

If you’re facing criminal charges, contact a criminal defense lawyer immediately.

Indiana Criminal Statutes of Limitations

Learn about Indiana’s criminal statute of limitations laws and related matters in the sections below. You can also visit FindLaw’s Criminal Law Basics for more introductory information on this topic.

Code Section

Indiana Code section 35-41-4-2

Felonies

Indiana’s legislature revised the criminal code in 2014. Criminal offenses committed or charged before July 1, 2014, may be listed as "Class A" crimes, while offenses after that date may be "Level 1" crimes. The offense, sentence, and limitation period are the same.

No Time Limit

There is no period of limitations for a Level 1 or Level 2 (Class A) felony. These offenses include:

• Murder
• Aggravated rape
• Kidnapping
• Child sex trafficking
• Home invasion
• Drug offenses resulting in death

Five Years

The limitations period for Level 3, Level 4, Level 5, and Level 6 criminal cases (Class B, Class C, and Class D felonies) is five years. These crimes include:

• Battery
• Arson
• Child molestation
• Involuntary manslaughter
• Robbery without violence

DNA Evidence

If the state discovers DNA evidence of an offense for Level 3, Level 4, or Level 5 felonies that are otherwise time-barred, the state has another year to file charges.

Crimes Against Children

For certain sex crimes against children, the state must file charges before the victim’s 31st birthday. These are:

• IC 35-42-4-3 (Child molesting)
• IC 35-42-4-5 (Vicarious sexual gratification)
• IC 35-42-4-6 (Child solicitation)
• IC 35-42-4-7 (Child seduction)
• IC 35-42-4-9 (Sexual misconduct with a minor)
• IC 35-46-1-3 (Incest)

If the state discovers DNA evidence for these offenses or the perpetrator confesses, it has five years to file charges, even if the statute has expired.

Misdemeanors

All misdemeanors have a two-year statute of limitations, regardless of the nature of the offense.

Prosecution and Tolling

Prosecution begins on the earliest date:

• The state files an information or indictment
• A court issues a valid arrest warrant
• The date law enforcement makes a valid arrest of an accused person

The statute is tolled when:

• The defendant is not present in Indiana or is in hiding
• The defendant or another party conceals evidence of the offense
• For the offense of theft of public funds or bribery in public office only, if the accused person is elected or appointed to office under law or the constitution.

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.

Indiana Criminal Laws Related Resources:

• Indiana Legal Research
• Indiana Code
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
• State Criminal Statutes of Limitations

Get Legal Advice From an Indiana Criminal Defense Attorney

Indiana’s criminal laws are complicated and can be confusing. Facing criminal charges is a frightening experience. When you need legal advice, contact an experienced Indiana criminal defense lawyer right away.