Iowa Criminal Statute of Limitations Laws

By FindLaw Staff | Legally reviewed by Steve Foley, Esq. | Last reviewed October 12, 2020

State criminal statute of limitations laws limit how long after a crime has been committed prosecutors have to file criminal charges. Iowa, like most states, has different limits depending on the type of crime involved. For example, misdemeanor charges have a one-year time limit for filing, while most felony charges have a three-year statute of limitations. There is no statutory limit on murder charges.

Criminal Statutes of Limitation in Iowa

The chart below highlights Iowa's criminal statutes of limitation and related matters.

State	Iowa
Topic	Criminal Statute of Limitations
Definition	The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Iowa law, the statute of limitations depends on the severity of the crime you face, ranging from 1 year to no limit.
Code Section	Iowa Code Chapter 802, Sections 802.1 to 802.10
Felonies	First or second-degree murder: none First, second, or third-degree sexual abuse: 10 years or 3 years from the date the suspect is identified by DNA evidence, whichever is later Incest: 10 years sexual exploitation by a counselor, therapist, or school employee: 10 years from the last treatment or the last day of school attendance or enrollment Fraud or breach of fiduciary obligation: 1 year upon discovery not to exceed 8 years, that is extending the general 3-year time limit by 5 years Other felonies: 3 years
Misdemeanors	Simple misdemeanor: 1 year Aggravated or serious misdemeanor: 3 years Fraud or breach of fiduciary obligation: 1 year upon discovery not to exceed 6 years, that is extending the 1-year period by 5 years
Crimes in Which a Child Is a Victim	First, second, or third-degree sexual abuse: 15 years after the victim turns 18 or 3 years from the date the suspect is identified by DNA evidence, whichever is later Incest or sexual exploitation by a counselor, therapist, or school employee: 15 years after the victim turns 18 Other sexual offenses; first, second, or third-degree kidnapping; or human trafficking: 10 years after the victim turns 18 or 3 years from the date the suspect is identified by DNA evidence, whichever is later
Acts During Which Statute Does Not Run	When a person leaves the state or is not publicly residing in Iowa. Public officials, during the time of employment or term of service and the offense relates to misconduct or violations of trust associated with the position. Filing DNA evidence of the crime without identifying a suspect
Other	Violating a municipal or county rule or ordinance: 1 year Continuing crimes, the applicable statute of limitations will run from the last act committed

What is the Purpose of a Time Limit?

In criminal cases, physical evidence (fingerprints and DNA) and testimonial evidence (officer statements and eyewitness accounts) can fade, degrade, or even disappear over time. Therefore, the sooner the prosecution and defense can get the evidence to trial, the better for both sides.

The length of particular statutes of limitation seeks to balance the interest in prosecuting serious offenses with the interest in conducting fair, speedy, and accurate criminal trials so that a person does not have a criminal charge hanging over his or her head indefinitely.

How is the Statute of Limitations Tolled?

Time limits for filing criminal charges run only when the suspect is visible and within the state where the crime was committed.

Tolling a statue of the limitations suspends the running of the time limit. If the suspect is out of state or otherwise in hiding, the statutory clock will pause and will resume running only when and if the criminal reenters the state. This prevents criminals from avoiding the consequences for serious crimes by simply running, hiding, and waiting out the authorities.