Iowa Criminal Statute of Limitations Laws

State statutes of limitation give plaintiffs and prosecutors a period of time to file legal cases. These limitation periods ensure that court cases get filed on time. Civil statutes of limitation ensure plaintiffs file lawsuits while evidence is available and witness memories are fresh. State criminal statute of limitations protects defendants’ right to a speedy trial. Prosecutors must file criminal charges as soon as they have all the evidence needed for an indictment.

Iowa’s criminal statutes of limitation vary depending on the type of crime. Aggravated misdemeanors have a three-year statute of limitations. Serious felonies, like murder, have no time limit. Some crimes have a variable statute depending on whether law enforcement develops a DNA profile of a suspect.

Hire an Iowa criminal defense attorney if someone has charged you with a serious crime.

Iowa Criminal Statutes of Limitation

Iowa Code Section § 802.1 et seq.

Under Iowa law, prosecutors can extend the statute for sex crimes up to three years on the discovery of DNA evidence.

Felonies

• First-degree or second-degree murder: None
• Fourth-degree sexual abuse: None
• First-, second-, or third-degree sexual abuse: 10 years or three years from the date of DNA evidence discovery, whichever is later
• Other felonies: Three years

Misdemeanors

• Simple misdemeanor: One year
• Aggravated or serious misdemeanor: Three years

Crimes Against a Child (Iowa Code Sections § 709.8 through 709.16)

• Sexual abuse, sexual contact, or human trafficking of a minor have no time limits
• Incest: No time limit
• Sexual exploitation by a counselor, therapist, or school employee: No time limit
• First-, second-, or third-degree sexual abuse of a minor: 15 years after the victim’s 18th birthday
• First-, second-, or third-degree kidnapping: 10 years after the victim’s 18th birthday

Tolling and Beginning Prosecution

Tolling suspends the filing deadline for all criminal offenses. Under § 802.10, law enforcement may issue an indictment or information based solely on a DNA profile. The statute of limitations gets tolled if that is the only evidence in the indictment or information.

Iowa’s statutes of limitations are also tolled:

• When the suspect leaves the state or is not living in the state of Iowa
• For cases of public misconduct only, during the time of employment or public service
• In cases of fraud or breach of fiduciary obligation, the state may prosecute past the statute of limitations upon the crime’s discovery, not exceeding five years past the statutory period.

Get Legal Advice From an Iowa Criminal Defense Attorney

If someone has charged you with a serious crime and you believe the statute of limitations has run, you may have a good defense. You should not make this claim without help from an experienced Iowa criminal defense attorney. Get legal advice on your criminal case right away if you have any legal issues.